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HomeMy WebLinkAbout~Master - Transmission Line - JMH Corporationr s + Instrunent:2006- 00008661 M Date:Jul 18r2006 01:08:51P D Rec Fee: 10.00 E-Con Fee: 1.00 6 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 Kano County Recorder PLEASE RETURN TO: (WV) Myers &Assoc. 107 N. Ankeny Blvd Ste 2 Anken IA 50021 r -,* .. w- " ' s M " .»�- - Ii ! is , ,,,,a -cup 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)JMH Corporation And the undersigned Tenant(s) 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,structures,foundations 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 said real estate 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. The overhead electric transmission line easement will consist of a 15 x 15 tract located approximately 30 feet West of the Northeast corner and on the North line of Parcel N of lot 1 of the Northwest'/4 of the Northeast%of Section 11, Township 83 North, Range 24 West of the 5th P.M., Story County, Iowa. The City of Ames, its contractor or agent,may enter said premises for the purpose of making surveys and preliminary estimates immediately upon the execution of this easement but the easement shall not otherwise be operative nor UNDER.MRG 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 BE USED TO GIVE NOTICE OF CANCELLATION TO THE CITY OF AMES. Dated at , this al3 day of d 2004- JMH Corporation' ACKNOWLEDGMENT STATE OF Iowa ) )ss COUNTY OF } On this day o -11 20_6, before me, a Notary Public, personally appeared to me known to be the person(s)who are named in and who executed the foregoing instrument, and acknowledged that executed the same as a voluntary act and deed. pNCHARr-— MYERS C'MMI or ^r 167144 My r :Ixpires Notary Public in and for said County FACHMT.M. ow /o UNDER.MRG Q�1_3e- z.