HomeMy WebLinkAbout~Master - Electric Line - Pollmann - Section 18, T82N, R23W �cAS I�bD
!0Instrunent:2010- 00001786
M1Date:Mar 04e2010 09:38:41A
D Rec Fee: 20.00 E-Con Fee: 3.00
Aud Fee: .00 Trans Tax: .00
Rec Manasenent Fee: 1.00
Non-Standard Fase Fee: .00
Filed for record in Story Country Iowa
Susan L. Vande Kamp► County Recorder
RETURN TO: City Clerk,City of Ames,P.O.Box 811,Ames, Iowa,50010-0oil
Prepared by: Lyndon Cook,Electrical Engineering Manager,City of Ames
5fs-apt-��o5
CITY OF AMES
OPTION AND EASEMENT FOR ELECTRIC LINE
Tract No.RS02,RS03
State of Iowa,County of Story
OPTION AND EASEMENT
The undersigned owner(s), Gene J. Pollmann and Ardith A. Pollmann, husband and wife and David
M. Sampson, Trustee of Marjorie A. Sampson 2008 Revocable Trust dated August 26, 2008,
hereinafter referred to as "Grantor", in consideration of the sum of Five Hundred Dollars and 00/100
($500.00),and other valuable consideration, receipt and sufficiency of which is hereby acknowledged,
grant to the CITY OF AMES, Iowa, a Municipal Corporation, 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 C f 5 .14)
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, except anchors or guy wires, 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 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 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 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 roe of Grantor,their successors and assigns, b the
g p property rtY g 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 Dollars and 00/100 ($500.00), and shall be
payable at the time of such extension.
EXERCISE OF OPTION
The Option ranted herein shall be deemed exercised b the City of Ames and the easement rights
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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 day and year first above written.
Marjorie A. Sampson 2008 Revocable
Trus dated August 26,200
B t B �
Y Y
Gene J.Pollmilm David M. Sampson
BY
Ardith A.Pollmann
STATE OF C )
�(�
/' ) ss
COUNTY OF - )
l
On the � day of G�1'L� -;� ,20�G , before me personally appeared Gene J.
Pollmann and Ardith A. Pollmann, husband`and wife, known to me to be the person(s) described in
the foregoing instrument and acknowledg4to me that they executed the same.
WTARUL SEAL,Do
0 rota' Public
M' + NOv�47010 �'
My Commission Expires:
i-
STATE OF
ss
COUNTY OF S'I&r� )
On the l? ay of 20/0 ,before me personally appeared David M.
Sampson, Trustee of the Marjorie A. Sampson 2008 Revocable Trust dated August 26, 2008, known
to me to be the person(s) described in the foregoing instrument and acknowledged to me that they
executed the same.
otary Public
My Commission Expires: &VL/'
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•r
EXHIBIT A
Leizal Description of Grantor's Property
The SE 1/4 of the NE 1/4 in Section 18,Township 82 North,Range 23 West of the 5th P.M.
Easement Descri tp ion
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 570`h Ave. and extending between and abutting the southerly right-of-way line of 303`a Lane and the
southerly property line of the affected parcel.
Legal Description of Grantor's PropeLty
The NE 1/4 of the SE 1/4 of Section 18, Township 82 North, Range 23 West of the 5th P.M., Story County,
Iowa, except a parcel described as beginning at the SE corner of the NE 1/4 of SE 1/4, thence North 210 feet,
thence West 418 feet, thence South 90 feet, thence West 20 feet, thence South 20 feet, thence West 192 feet,
thence South 100 feet,thence East to the point of beginning.
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 570`h Ave. and extending between and abutting the northerly and southerly property lines of the affected
parcel.
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