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Home My WebLink About~Master - Electric Line - Story County - Section 19, T82N, R23W r�&-7 RETM TO: / SII®'.LY B. / • STORY COMM AUDITOR'S OFFICE Instrurent:2010- 000ID2501 N kte:tlar 29►2010 11:12%30 D Rec Fee: .00 E-Con Fee: .00 G/JJC Aud Fee= .00 Trans Tax! .0 Rec Rec tlanaserent Fee: .00 Non-Standard Pave Fee: .00 Filed for record in Story County► Iowa Susan L. Vande Kamp County Recorder fw"Mi 9p—&..City Clerk,City of Ames,P.O.Box 811,Ames,Iowa 50010 Prepared by: Lyndon Cook,Electrical Engineering Manager,City of Ames CITY OF AMES OPTION AND EASEMENT FOR ELECTRIC LINE Tract No.RS09 State of Iowa,County of Story OPTION AND EASEMENT The undersigned owner(s), Story County, Iowa, a governmental division of the State of Iowa, 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 page- q'. 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,or other property of Grantor,their successors and assigns,by the City of Ames while exercising any of the rights granted herein shalt 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 001100 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. page 2 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Option and Easement Agreement as of the day and year first above written. Story County By Its STATE OF IOWA ) ss COUNTY OF STORY ) On the day of j1 2010,before m�rsonally appeared GE �n the i�r r of Story County, Iowa,a governmental division of the State of Iowa, known to me to be the person(s) described in the foregoing instrument and acknowledged to me that they executed the same. LE MICA BEL y�2777 2M NotaryPublic My Commission Expires: i i 1 page 3 of 4 EXH Mff A L&gal Descriotion of Qrantor's Property All that part of the Railroad right-ofway in Section 19, 'Township 82 North, Range 23 West, excepting therefrom,a 300 foot wide parcel of land being 150 feet on either side of the centerline of Interstate 35 located in the SE 1/4 of the SW 114 of said Section 19. Easement ggsorJ992n 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 570s' Ave. and extending between and abutting the northerly and southerly property lines of the affected . parcel. page 4 of 4 Obeacon > )y Sri . 4, 1> 5 t et O �f Parcel ID 1419300610 Alternate ID N/A Owner Name STORY COUNTY(D) Sec/TwP/Rng 19-82-23 class EXFMPT Owner Address STORY COUNTY Property Address Acreage 8.85 CONSERVATION BOARD UNION 56461 180TH ST AMES IA 50010 District UNION/BALLARD arief Tax Description ABAND R R ROW S112 SEC 19 EX PI"LYING W OF E LINE HWY 35(HOINT) f Nnr, Vnt:0 Cr i.+er1 nn egal `lrruroe'••h! P , 5 0 x � '.z '•' eot uoel�i I �' II ! I I Ir- 1 I I io � y' 6 y.y,.p I I I� I �I l I yll �I I, .I I I •� ,. 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