HomeMy WebLinkAbout~Master - Electric Line - Badger - Section 8, T83N, R23W W 4 I
Instruaent:2006- 00000665
M Qate:Jan 17r2006 12:00:27P
D Rec Fee: 20.00 E-Coe Fee: 1.00
G Aud Fee: .00 Trans Tax: .00
Rec Management Fee: 1.00
Non-Standard Page Fee: .00
Filed for record in Story Counter Iowa
Susan L. Vande Kampr County Recorder
CITY OF AMES
OPTION FOR ELECTRIC LINE EASEMENT RETURN M.'
TractNo.S-39 PREPARED BY: DICK MYERS, MYERS & ASSOCIATES, 107 N ANKENY BLVD
State of Iowa, County of Story STE 2, ANKENY IA 50021 (515) 965-0295 (enq)
Legal Description:Section 8,T83 N,R23W,page 3 of 4
OPTION AND EASEMENT
The undersigned owner(s),Micheal J.Badger and Linda A.Badger,H&W,and the undersigned tenant(s),
collectively and individually,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,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 during the period of twenty-four(24)months from the date
hereof,to acquire for the further consideration of FIFTEEN THOUSAND
FIVE HUNDRED AND N0/100 ($15 500.00 1 a perpetual right-of-way easement upon_
over,under,across,and along the land situated in County of Story,State of Iowa,being more specifically
described as follows:a tract of ground 37.5 feet in width across the W 1/2 of the NW'/4 of Section 8,
Township 83 North,Range 23 West of the 5th P.M.,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 an electric line to be located on said premise,including the necessary pole
structures,wires,and other appurtenances for the transmission and distribution of electric energy and
communications,said line to form a part of an electric transmission and distribution system. The
communication wire shall be for the sole purpose of monitoring and controlling the transmission and the
distribution of electric energy on said electric line. Any additional uses of described right-of-way easement
area or the electric line described herein shall require additional easements from Grantor.
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 line,
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 Grantor's right-of-way easement area described herein.
Page 1 of 4
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. In the event of any tree removal,stumps will be removed and grubbed out. 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 land,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 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 across Grantor's right-of-way easement area.
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 commence immediately upon expiration of the original Option.Consideration
for said extension shall be FIVE HUNDRED AND NO1100 ($500.00 ),and shall be payable at
the time of such extension.
EXERCISE OF OPTION
The Option granted herein shall be deemed exercised by the City of Ames,and the easement rights agreed
upon herein shall be deemed granted,upon the recording of a Notice of Exercise of Option in the office of
the Recorder of Deeds in the county in which the property is situated.A copy of the Notice of Exercise of
Option shall be deposited in the United States mail in a prepaid sealed envelope addressed to Grantor at
their last known address.A check,payable to Grantor in the amount of the fuuther consideration stated
above,shall accompany the Notice of Exercise of Option to the Grantor first above named.
TERMINATION OF OPTION
If the City of Ames shall not elect to exercise the Option herein,or shall fail to extend or exercise same
within the time(s)herembefore provided,the Option shall terminate without further action and all rights
granted hereunder shall become null and void.
Signed,sealed,and delivered tl' ay of T�.b r�$Ei2,2005..
By By
Micheal J.B Linda A.Badger
By By
Page 2 of 4
EASEMENT PLAT
EXH1131T "A"
NW Corner
See 8-83-23
Fnd Noil
Lincoln Highway 50 0��1,R"0•W.
i\\-Fnd
ROW Rail 1.2'East
�r
1
37.50' Transmission 1
Line Eosement r
1
1
1 Porcel 39
j Micheal J. Badger
1
1
r
1
SecZ�Ng3 23 < 1
40 1
N io 1
3 tO 1 A
� 1 W>>2 N83r2�
i 1
r
1
Transmission Line Easement Description 11
1
The West 37,50 feet of the West 1/2 1
of the Northwest 1/4 of Section 8. 1
Township 83 North,Range 23 West of j
the 5th P.M., Story County,Iowa and 1
containing 2.23 Acres (97,211 S.F.). 1
EXCEPT road right-of-way.
1
1
W.1/4 Corne r
Sec.8-83-23 r
Fnd 1/2" Rebor
I hereby certify that this land srveying
LEGEND doaleM was preoorsd and the related surveying
EQyl� work wee perforesd by es or uneor ol direct
Fnd TOOT R.O.W.Raj �: supervision and that I as a oily I icensed tow
Fnd Monument R.O. .Rao
@ 1�M0 Surveyor under it* Ion of the State Of Iota.
Section Line
1/4 Section LMe —•• �`' `t
1/4 1/4 Section line — v
Center" Bove L. Dave L. Joan, PLS Date
Easement Line JoenS
• —^— License NtrirDer 11579
0 400 11579 try License Renewal Date is Oecewbtr 11. M
fO1lA �` Pages or Owls covered by this asol:
Sheet 1 of 1
SCALE (FEET)
STORY COUNTY- PARCEL 39 SHEET ' OF '
PH: 104.0899
CITY OF AMES TRANSMISSION LINE EASEMENT PLAT FH: A•1725
SNYDER &ASSOCIATES 501 B.W.ORALABORROAD DATE: 05/20/05
EnginNre and Plenrim ANKENY,IA 50021(515)964-2M TEM. JCC
i M .YV IMr .r0�
Page 3 of 4
STATE OF /AW19 COUNTY OF
/This instrument was acknowledged before me on "O
b a mo
oog', e<)
RICHARD T.MYERS
Commission Number 167144 Notary Public
,pup My Commis win Expires
/0 a?f p
STATE OF COUNTY OF
This instrument was acknowledged before me on by
as
of
Notary Public
Page 4 of 4