HomeMy WebLinkAbout~Master - Transmission Line - McDonalds Real Estater
RETURN TO: (ENV)
R.T. MYERS
4512 49TH ST
DES lYiOINES IA 50310
/X_I�Instrument:21006- i
30010874
M Date:Aug 31►2006 09:59:05A
D 8ec Fee: 20.00 E-Goa Fee: 1.00
G/ Aud Fee: .00 Trans Tax: .00
8ec Management Fee: 1.00
Non-Standard Page Fee: .00
Filed for record in Story County► Iowa
Susan L. Vande Kaav► County Recorder
PLEASE RETURN TO:
Myers &Assoc. 107 N. Ankeny Blvd. Ste 2 Anken , IA 50021
CITY OF AMES
TRANSMISSION LINE EASEMENT
Parcel No. State of Iowa
Work Req. No. County of Story
Project No. Section 11
Sub No. Township 83 North
Draft No. Range 24 West of the 5th P.M.
KNOW ALL MEN BY THESE PRESENTS:
The undersigned Owner(s) McDonalds Real Estate Company("Grantor") *the Easement Area
for and in consideration of One and no/100----------------------------------------dollars($ 1.00)do hereby grant to the City
of Ames,a Municipal Corporation, its successors and assigns,an easement for the purpose of and including the right
to construct, reconstruct, maintain,operate,enlarge, repair, locate,and remove and replace wires and cables for the
transmission of electric energy, and for communications purposes,and any poles,strartares-faandatbm and other
equipment incidental thereto, (hereinafter collectively referred to as the"Line")upon,over, along,and across certain
real estate described below, together with the right to enter upon_%aid-Feal•�stal:e for the purpose of constructing,
reconstructing,maintaining,operating,enlarging, repairing, locating,and removing and replacing the Line,the right to
trim or remove(with reasonable care)such trees or other vegetation as may interfere with the proper maintenance and
operation of the Line, and the right to remove from the strip of land specifically described below any obstruction,
including buildings,fences,and other structures,which interfere with the maintenance and operation of the Line,and
including but not limited to the right to sell,lease,apportion or subdivide its rights(or any part thereof)hereunder. The
City of Ames agrees that it will repair or pay for any damage to crops, fences, or other property of the undersigned
caused by the construction, reconstruction, maintenance, operation, enlargement, repair, location, or removal and
replacement of the Line,except any obstructions placed subsequent to the granting of this easement. Grantors agree
that they will not construct or place any buildings, structures, plants, or other obstructions on the property described
below which would result in a violation of the minimum clearance requirements of the National Electric Safety Code or
would interfere with the operation and maintenance of the Line. '14otwithstanding the foregoing, Grantor shall
be entitled to install or maintain asphalt, landscaping & parking on the Easement Area.
The overhead electric transmission line easement will consist of a 20 feet wide, 10 feet either side of the center of the
electric line, said electric line entering Grantor's property at a point approximately 105 feet East of the Southwest
corner of Lot 10, extending Westerly to a point 16 feet East and 7 feet North of said Southwest corner; thence
Northerly in a straight line across Lots 10 and 9 to a point 2 feet East of the Northwest corner of said Lot 9,said Lots 9
and 10 being in Block 1, in Black's 2"d Addition to Ames, Story County, Iowa, ("Easement Area").
UNDER.MRG
V
the Easement ea
The City of Ames,its contractor or agent, may enter*aid-p- - -sAfor the purpose of making surveys and preliminary
estimates immediately upon the execution of this easement but the easement shall not otherwise be operative nor
shall construction begin until the full consideration is paid as hereinafter provided. The undersigned acknowledges
payment of One Dollars ($1.00)and other consideration hereunder. This agreement shall become binding upon all
parties hereto,their heirs,successors and assigns,and shall terminate upon the permanent removal or abandonment
of the line. If the balance of the consideration is not paid as above stated,then the initial payment shall be forfeited to
the grantor and both parties shall be released from all further obligation hereunder.
THE UNDERSIGNED SHALL HAVE THE STATUTORY RIGHT UNDER IOWA CODE CHAPTER 478 TO
CANCEL THIS AGREEMENT BY MAILING A "NOTICE OF CANCELLATION" TO THE CITY OF AMES BY
CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED. THE NOTICE MUST BE RECEIVED BY THE CITY OF
AMES WITHIN SEVEN (7) DAYS, EXCLUDING SATURDAY AND SUNDAY, TO BE EFFECTIVE.
THE UNDERSIGNED ACKNOWLEDGES RECEIPT OF THIS WRITTEN INFORMATION ON THE RIGHT TO
CANCELLATION PRIOR TO EXECUTION OF THIS AGREEMENT AND FURTHER ACKNOWLEDGES RECEIPT OF
THE FORM, IN DUPLICATE,THAT CAN BE USED TO GIVE NOTICE OF CANCELLATION TO THE CITY OF AMES.
See Addendum attached. � �
Dated at !N.an A.M. ,this)L— day of A14,11A 200�.
McDonald's Real Estate Company
By:
Its: W)QrtAAi Aj&S5g;112,Se>"SOP 614M Se
ACKNOWLEDGMENT
STATE OF bw-c-r Illinois )
)SS
COUNTY OF Dupagc )
On this lilt, day of , 20_(_, before me, a Notary Public, personally appeared
in
to me known to be the person(s)s who ar named in and who executed the foregoing instrument, and acknowledged
P ( ) g g g
that executed the same as a voluntary act and deed.
(In"M- tm�,�4
No ry Public in and for said Counid
OFFICIAL SEAL
JOANN M CARMMY
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:OY/ IO
UNDER.MRG
ADDENDUM TO TRANSMISSION LINE EASEMENT
1) City will install the Line in a good and workmanlike manner, and will keep the Line in
good maintenance and repair at its sole cost and expense. City will not perform any
construction work between the hours of 11:00 a.m. to 2:00 p.m.
2) City will give written notice to Grantor at least 10 days before beginning any work in
the Easement Area, which notice will specify the work to be performed and a date
when the work will be completed. City will use its best efforts to complete the work
by that date.
3) Unless otherwise agreed in writing, immediately after City completes any work in the
Easement Area, City will restore the Easement Area to the same or better condition
as it was in before City began the work and to a safe condition, and will remove all
of its equipment, tools, trash and debris from the Easement Area.
4) Unless otherwise agreed in writing, City will not move, remove or demolish any of
Grantor's signs, access drives, curbing or other improvements located with in the
Easement Area.
5) City will separate by cones or other appropriate construction safety barriers ("cone
off')the Easement Area while City performs any work in the Easement Area.
6) City will perform all work in such a manner so as to not unduly disrupt the operation
of the McDonald's restaurant on grantor's property. City will "cone off' no more than
4 parking stalls at any one time, and will not "cone off' or block in any manner more
than half of any access drive at any time, allowing at least one lane open at all times
in each access drive for vehicular traffic.
7) City will not park on or store any construction vehicles, equipment or materials
within the Easement Area or on Grantor's other property.
8) If any damage occurs to Grantor's property or any improvements thereon arising out
of, related to, or as a consequence of any of City's work in the Easement Area,
Grantor promptly will notify City in writing of the damage. Unless otherwise agreed
by the parties, City will repair the damage (or commence and diligently pursue
repairing the damage)within 30 days after receipt of Grantor's notice.
9) If City defaults under any provision of the easement agreement, in addition to any
other remedies available in law or equity, Grantor will be entitled to: 1)terminate this
easement on written notice; 2) obtain specific performance or any other appropriate
equitable relief against City; and/or 3) in the case of incomplete repairs, Grantor
may complete the necessary repairs, and City promptly will pay Grantor for the
actual cost of the repairs plus 20% for overhead costs and expenses.
10) City will hold harmless and indemnify Grantor, its lessees, licensees, employees,
agents, contractors and assigns, and each of their lessees, licensees, employees,
agents, contractors and assigns, against any and all claims, liabilities and costs
(including, but not limited to reasonable attorney's fees) for injuries to any person
� 3
and damage to any property arising out of, in connection with, or as a result or
consequence of City's work in and/or use of the Easement Area.