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Instrun ent:2010- 00001624
M Date:Feh 25Y2010 10:29:22A
Rey_ Fee: 20.0o E-Con Fee: s.0000
G Aud Fee: .00 Trans Tax:
Rec Management Fee: 1.00.i1t1
Non-Standard Page Fee:
Filed for record in Story County► Iowa
Susan L. Vande &amct County Recorder
RETURN TO:City Clerk,City of Ames,P.O.Box 811,Ames,Iowa 50010—09 t
Prepared by: Lyndon Cook,Electrical Engineering Manager,City of Ames
CITY OF AMES
OPTION AND EASEMENT FOR ELECTRIC LINE
Tract No.RS 12
State of Iowa,County of Story
OPTION AND EASEMENT
The undersigned owner(s),Mary Jane Heggen,a single person,hereinafter referred to as"Grantor", in
consideration of the sum of Five Hundred and 00/100 Dollars ($500.00), and other valuable
consideration, receipt and sufficiency of which is hereby acknowledged, grant 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 One Dollar and other valuable
consideration, a perpetual easement upon, over, under, across, and along the land situated in the
County of Story, State of Iowa,being more specifically described as follows:
See Attached Exhibit A 1965-P_ Y
This easement 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.
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In consideration of such rant, the City of Ames agrees that it will repair or a for an damages
g tY g p pay Y g
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 its 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 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.
Consideration for said extension shall be Five Hundred and 00/100 Dollars ($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
further consideration specified in the Offer and Acceptance Form related to the same easement area,
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.
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IN WITNESS WHEREOF, the parties hereto have executed this Option and Easement
Agreement as of the da and year first above written.
Byfll.h / "
Mary J eggen
STATE OF IOWA )
) ss
COUNTY OF STORY )
On the_Z day of 2010, before me personally appeared
Mary Jane Heggen, a single person, known No me to be the person(s) described in the foregoing
instrument and acknowledged to me that they executed the same.
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EXHIBIT A
Legal Description of Grantors Property
Parcel "D" in the East Half(E1/2) of the Northeast Quarter(NE1/4) of Section Thirty(30), Township Eighty-
two (82)North, Range Twenty-three (23) West of the 5th P.M., Story County, Iowa, as shown on the "Plat of
Survey" filed in the office of the Recorder of Story County, Iowa, on the 20th day of August, 1997, and
recorded in Book 15,at Page 38,From Root of Title.
Easement Description
A perpetual easement 37.5 feet in width for the purposes described in this document over, under and across
that part of the above described affected parcel lying westerly of and adjoining the westerly right-of-way line
of 570t' Ave. and extending between and abutting the northerly and southerly property lines of the affected
parcel.
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