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HomeMy WebLinkAbout~Master - Electric Line - Newell Family LC - Section 18, T83N, R23W Instrument:2005- 00007261 M Date:Jun 23r2005 02:14:59F D Rec Fee: 20.00 E-Gom Fee: 1.00 G Aud Fee: .00 Trans Tax: .00 ARC Rec Management Fee: 1.00 Filed for record in Story Countgr Iowa Susan L. Vande Yamvr County Recorder Prepared by and return to: R.T.Myers-Myers&Associates-515-965-0295 107 N.Ankeny Blvd Suite 2-Ankeny,IA 50021 CITY OF AMES OPTION FOR ELECTRIC LINE EASEMENT Tract No.S-31 State of Iowa, County of Story Legal Description:Section 18,T83N,R23W OPTION AND EASEMENT The undersigned owner(s),Newell Family LC,and the undersigned tenant(s), collectively and individually,hereinafter referred to as"Grantor",.in consideration of the sum of e e Avn Leek ($,imp .Da ),and other valuable onsideration, receipt and sufficien of which is hereby acknowledged,grant to the CITY OF AMES, Iowa, a Municipal Corporation,it's successors and assigns,hereinafter referred to as the City of Ames,the right, at the option of the City of Ames,for and durin the period of twgnty-fbl �24) nt from the date here f,to c uire for the further con eration of w e w0 Z T k /'— ($ 0702�l0 •a�>a perpetual right-of-way easement upon, er/ d , across, and along the land situated in the County of Story, State of Iowa,being more specifically described as follows: a tract of ground 37.5 feet in width across Parcel D and Parcel K in Section 18,Township 83 North,Range 23 West of the 5`h P.M., Story County,Iowa as shown on the attached plat marked Exhibit A and by this reference made a part hereof. This right-of-way grant is for the purposes of constructing,reconstructing,patrolling,operating, maintaining and removing electric lines to be located on said premises,including the necessary pole structures,wires, and other appurtenances for the transmission and distribution of electric energy and communications,together with the power to extend to any other party the right to use,jointly with the City of Ames,any structure placed pursuant to the terms hereof,such lines to form a part of an electric transmission and distribution system. The City of Ames shall have the irrevocable right,commencing upon the date of the exercise of this Option,to survey the property,to conduct engineering and associated investigations including,but not limited to,core boring,soil testing,to trim or remove any trees or other vegetation,including crops, growing in said easement area,which,in the judgment of the City of Ames,may interfere with or endanger said electric lines,to install gates to said easement area in the fences on the property of Grantor,the right to remove from the strip of land specifically described herein any obstructions,including buildings and other structures,and of ingress and egress across Grantors' adjoining lands as well as the lands described herein. In consideration of such grant,the City of Ames agrees that it will repair or pay for any damages which may be caused to crops, fences,or other property by the construction,maintenance or removal of said line to the party damaged Subject to the rights of the City of Ames hereunder,Grantor shall have the right to cultivate,use and occupy the easement area hereinbefore described except that no structure or object, permanent or temporary, shall be erected,no wells shall be drilled,no storage of materials of any kind,nor shall any ground elevation changes be made on said easement area without the written consent of the City of Ames,that no brush or flammable materials shall be deposited or accumulated or burned upon said easement area, and that no act shall be performed which violates the clearance requirements of the National Electrical Safety Code as adopted by the Iowa Utilities Board or it's successor. Upon exercise of the Option,all the foregoing provisions shall constitute the easement granted to the City of Ames by Grantor. LICENSE During the period of the Option granted herein,the City of Ames shall have the irrevocable right, commencing upon the date of the execution of this instrument,to survey the property;to conduct engineering and associated investigations including,but not limited to,core boring and soil testing;to cut down,trim and spray any trees and shrubs growing in or adjacent to the above-described easement area as may be necessary,in the judgment of the City of Ames,to conduct the aforementioned surveys and investigations; and of ingress and egress over said land and adjoining lands of Grantor. Damages to fences,livestock, crops, or other property of Grantor,their successors and assigns,by the City of Ames while exercising any of the rights granted herein shall be paid by the City of Ames to the party damaged. EXTENSION OF OPTION The City of Ames shall have the right, at it's option,to extend the herein granted Option for a period of six months; said extension shall�encediately upon expirat; n of the original Option. Consideration for said extension shall be .tc� 9 a 6 $ ©o ), and shall be payable at the time of such extension EXERCISE OF OPTION The Option granted herein shall be deemed exercised by the City of Ames, and the easement rights agreed upon herein shall be deemed granted,upon the recording of a Notice of Exercise of Option in the office of the Recorder of Deeds in the county in which the property is situated. A copy of the Notice of Exercise of Option shall be deposited in the United States mail in a prepaid sealed envelope addressed to Grantor at their last known address. A check,payable to Grantor in the amount of the further consideration stated above,shall accompany the Notice of Exercise of Option to the Grantor first above named. TERMINATION OF OPTION If the City of Ames shall not elect to exercise the Option herein,or shall fail to extend or exercise same within the time(s)hereinbefore provided,the Option shall terminate without further action and all rights granted hereunder shall become null and void. Signed, sealed,and delivered this 7 day of v e__,200 By '' !'l 0 � LC—By iq;exaell Family LC By (% Harold liewell STATE OF /PlrJiJ COUNTY OF_C7;,�4 This instrument was acknowledged before me on 2 oos by RICH M T.MYERS My/o 8 _07EWOM ,Notary Public STATE OF COUNTY OF This instrument was acknowledged before me on by as of Notary Public P�. EASEMENT PLAT 1 EXHIBIT A NE Corner Sec. 18-83-23 T NE Corner Fnd 5/8" Rebor v �NW1/4 NE1/4 Sec. 18-83-23 u ( Fnd 5/8" Pin w Cap •10313zo lr zo IM I 3 otoe\ P Fence on Line—►I o P NE Corner aD e Parcel"D" Z N89030'35"E 37.50' �I o fyParcel 31 - �^ Newell Family LC v1j o Potoe�,9e 2181 rnl a _2 I COook 15,P 3; �— LO Fence on Line LnCIA N (3) 428.90'Meos. 428.56'Record �'1 e Poto15. o L, IN lP oqe 218� 37.50' Transmission Line Easement ZI Z --1 U� N89018'45"E 1279.07' S8 °18'45"W 1316.53' Meos. 1316.75'Record T N89°18'45"E 1316.53' SE Corner Fnd 1/2" Rebar NE1/4 NE1/4 On Line Sec. 18-83-23 M Z 1/4 SEA/g3N23 4 —Fence on Line Fnd 1/2" Rebor E1/ M; W Sea. 18 P Se E 18 g3 23 E1/Sep 1A 83 23 SW Corner l j J�SE1/4ec. 1 -83-2 Transmission Line Easement Description i Sec. 1 2'' Re 3 p Fnd 1/2" Rebar The South 37.50 feet of Parcel"K", and the South 37.50 feet and the East 37.50 feet of Parcel"D" as shown on the Plot of Survey recorded in Book 15, Page 218 of the Northeast 1/4 of Section 18, Township 83 North, Range 23 West of the 5th P.M., Story County, Iowa and containing 1.47 Acres (64,051 S.F.). LEGEND N I hereby certify that this land srveying Survev Found dowwt was prepared and the related surveying work was performed Dy mB or under my direct Fnd IDOT R.O.W.Rail = supervision and ttat I am a duly I icensed Land Fnd Monument as Noted 0 Surveyor under the lows of the$tote of Iowa. Section Line 6D LAND SU 1/4 Section Line Nyf, 1/4 1/4 Section line ----- vC• i0 Centerline - - - - 9 Easement Line ———— Dave L. Dove L. Joens. PLS Date Joens License Number 11579 0 200 11579 my License Renewal Date is December 31. 2006 IOMA Pages or sheets covered by this seal: Sheet 1 0l 1 SCALE (FEET) STORY COUNTY - PARCEL 31 SHEET 1 OF 1 4.0899 CITY OF AMES TRANSMISSION LINE EASEMENT PLAT PN: 10 FN: A-17251725 SNYDER &ASSOCIATES 501 S.W.ORALABOR ROAD DATE: 05/11/05 Engineers and Planners ANKENY,IA 50021(515)964-2020 TECH: JCC �w D:\JCC\Work_6\Story orcel"..as l.eae /,^• JCC