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Home My WebLink About~Master - Electric Line - Campus Baptist Church - Section 7, T83N, R23W e,4s r (0g4- J,rylnstrusent:2006- 00003016 M Date:Mar 17P2006 12:16:40P D Rec Fee: 20.00 E Con Fee: 1.44 6 Aud Fee: .00 Trans Tax: .00 1R� Rec Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in SON Counts? Iowa Susan L. Vande Kamp Counts 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-36 State of Iowa, County of Story Legal Description in Section 7,T83N, R23W OPTION AND EASEMENT The undersigned owner, Campus Baptist Church, hereinafter referred to as "Grantor", in consideration of the sum of Five Hundred and no/100 ($500.00), and other valuable consideration, receipt and sufficiency of which is hereby acknowledged, grants to the CITY OF AMES, Iowa, a Municipal Corporation, its successors and assigns,hereinafter referred to as the City of Ames, the right, at the option of the City of Ames, for and during the period of twenty-four (24) months from the date hereof, to acquire for the further consideration of Twelve Hundred Fifty and no/100 ($1250.00), a perpetual, non- exclusive right-of-way easement over, across, and along the land a tract of ground 10 feet in width situated in the County of Story, State of Iowa,being more specifically described as follows:, The East 10 feet of the E '/2 of the SE 1/ of the SE 1/ of Section 7, Township 83 North, Range 23 West of the 5ch P.M., Story County, Iowa (the`Basement Area"). This right-of-way grant is for the purposes of constructing, reconstruction, patrolling, operating, maintaining and removing electric lines to be located above said premises, including the necessary 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. This easement is limited to overhang only, with poles to be located on adjacent property. The City of Ames shall have the irrevocable right, commencing upon the date of the exercise of this Option, to survey the Easement Area, 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 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. LEASE TO THIRD PARTY Grantor is negotiating the possible lease of a rectangular area of its property with dimensions of approximately 60 X 80 feet, for the purpose of erecting a cell tower in this rectangular area. Such leased property is not within the Easement Area. Should this occur, Grantor would also allow the cell tower lessee to place underground utility lines from the frontage road on the South to this rectangular area, crossing the Easement Area. The City of Ames acknowledges this potential lease and agrees that such actions will not interfere with the rights granted the City of Ames under this Option for Electric Line Easement. 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 Easement Area; to conduct engineering and associated investigations 2 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. Damages to fences, livestock, crops or other property of Grantor, its 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 its option, to extend the herein granted Option for a period of six months; said extension shall commence immediately upon expiration of the original Option. Notice of extension shall be provided in the same manner as notice of exercise. Consideration for said extension shall be Five Hundred Dollars 500.00 , and shall be payable at the time of such extension, but shall not be applied to the price of the easement stated above. 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 its last known address at the time that the Notice of Exercise of Option is presented for filing. 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. The City of Ames agrees to execute a document to evidence the termination of this Option, as may reasonably be requested and prepared by Grantor. 3 Signed and delivered this 1 day of 2006. CAMPUS BAPTIST CHURCH By CL,CZA,Sz- T 2Urr&5 (f Hq-14 STATE OF IOWA COUNTY OF Sb�y This instrument was acknowledged beforp me o Ia , 2006, by RO M RT' t O 0 as HAtK d- 'ACC- CAA R OF `tRUS FS of Campus Baptist Church. CRAIG R.HASTINGS Name: Ak MY m WW Notary Public June 28,2007 X:\Client_A\Ames_Municipal_Electim_System\CLEAN CH Revd Ames#A047F.doc 4