The URL can be used to link to this page

Home My WebLink About~Master - Electric Line - Wright - Section 30, T82N, R23W t ��Instrument:2010- 00001626 iM Date:Feb 25r2010 10:30:39A V Rec Fee: 20.00 E-Com Fee: 3.00 6/ Aud Fee: .00 Trans Tax: .00 Rec Management Fee.' 1.00 Non-Standard Page Fee: .00 Filed for record in Story Count9t Iowa Susan L. Vande Kampt County Recorder RETURN TO:City Clerk,City of Ames,P.O.Box 811,Ames,Iowa 50010 081 Prepared by: Lyndon Cook,Electrical Engineering Manager,City of Ames CITY OF AMES OPTION AND EASEMENT FOR ELECTRIC LINE Tract No.RS 14,RS 15,RS 18 State of Iowa,County of Story OPTION AND EASEMENT The undersigned owner(s), Steven C. Wright and Joyce M. Wright, husband and wife, 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 Pe--�V 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. page I 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. 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, r other roe f Grantor,their successors and assigns, b the 0 0 , g P , property rh' � Y 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. P Y P 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. page 2 of 4 IN WI S WHEREOF, the parties hereto have executed this Option and Easement Agreement as t day and year first above written. By By Steven C.Wright Joyce . Wri t STATE OF ss COUNTY OF ) On the 1ey4'1 day of 2010, before me personally appeared Steven C. Wright and Joyce M. Wright, band and wife, known to me to be the person(s) described in the foregoing instrument and acknowledlred to me that they executed the same. otary Public My Commission Expires: d�/ page 3 of 4 EXHIBIT A Legal Description of Grantor's Property Parcel "H" of part of the Northeast Quarter (NE'/4) and that part of the Southeast Quarter (SE'/4) of the Northwest Quarter (NW'/4) all in Section 30, Township 82 North, Range 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 October 19,2005,as Instrument Number 05-13161,in Slide 256 at Page 2. AND The East Half(E'/2) of the South Half(S'h) of Section Thirty(30), Township 82 North, Range 23 West of the 5th P.M., Story County, Iowa, except the South 95 acres thereof and except highway and except commencing at the East Quarter(E'/4)corner of said Section Thirty(30),thence South 313.65 feet to the point of beginning, thence continuing South along the East line of the Northeast Quarter(NE'/4)of the Southeast Quarter(SE'/4)of said Section 825.6 feet, thence North 89°57'West 1,331.7 feet,thence North 40°38'20" West 77.4 feet,thence North 02°27'47" East 253.6 feet, thence South 89036'40" East 619.6 feet, thence North 69°01'24" East 181.5 feet,thence North 28°20'54" East 109.6 feet,thence North 89°37'52" East 170.6 feet,thence North 04°08'37" West 261.6 feet, thence North 88°26'12" East 56.9 feet, thence North 05°54'54" East 81.8 feet, thence North 89000'00" East 275 feet to the point of beginning, said parcel containing 55 acres, more or less all in Story County, Iowa. 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 57& Ave. and extending between and abutting the northerly and southerly property lines of the affected parcel. Legal Description of Grantor's Property The Southwest 1/4 of the Southwest 1/4 of Section 29, Township 82 North, Range 23 West of the 5th P.M., Union Township,Story County, Iowa. 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 easterly of and adjoining the easterly right-of-way line of 570t' Ave. and extending between and abutting the northerly and southerly property lines of the affected parcel. page 4 of 4