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HomeMy WebLinkAbout~Master - Electric Line - Larson - Section 31, T82N, R23W ' Instrument:2010- 00004108 M Datonav 10,2010 10:51:36A D Rec Fee: 30.00 E-Coe Fee: 3.00 6 Aud Fee: .00 Trans Tax: .00 Rec 1lanasement Fee: 1.00 Non-Standard Pose Fee: .00 Filed for record in Story Countyr Iowa Susan L. Vande Kama: County Recorder RETURN TO: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.RS 19A,RS20A,RS22A State of Iowa,County of Story OPTION AND EASEMENT The undersigned owner(s), Leona O. Larson, a single person, and Leonard A. Larson and Jacqueline Sue Larson, husband and wife, 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, it's 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 (P9.y C9) This easement grant is for the purposes of constructing, reconstructing, patrolling, operating, maintaining and removing one 161,000 volt (161 kV) electric line to be located on said premises, including the necessary pole structures, wires, and other appurtenances for the transmission and distribution of electric energy and associated communications owned by the City of Ames, 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. Such ingress and egress rights shall be at such locations as agreed Page 1 of 6 upon between the Parties, with the preferred route being from the East utilizing any existing gates or openings. Grantor shall be provided advance notice of such ingress, to the extent the same can be reasonably provided, except in an emergency situation. All construction shall be completed in a good and workmanlike manner and in accordance with applicable laws, rules, regulations, and standards. No chemical pesticides or herbicides will be utilized within the easement area; internal pole treatment is exempted from this prohibition. The City of Ames shall indemnify and hold Grantor harmless from any claims or causes of action arising out of the use of the easement area, including but not limited to any claims related to environmental contamination. The City of Ames shall ensure that it, and any contractors or agents utilized by the City of Ames,maintains appropriate general liability insurance. 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. Any crop damage payments shall be calculated based upon the Crop Damage agreement to be executed by the Parties. 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 Grantor shall not cause any structure or object, permanent or temporary, to be erected within the easement area that may interfere with the transmission line;no wells shall be drilled within the easement area; no storage of materials of any kind, other than on a temporary basis as part of normal forming operations, shall be allowed in the easement area; and no ground elevation changes (other than in ordinary farming operations) shall be made on the easement area without the written consent of the City of Ames, which consent shall not be unreasonable withheld. In addition, no brush or flammable materials shall be deposited or accumulated or burned upon said easement area, and no act shall be performed by Grantor 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. Such ingress and egress shall be at such locations as agreed upon between the Parties, with the preferred route being from the East utilizing any existing gates or openings. Grantor shall be provided advance notice of such ingress, to the extent the same can be reasonably provided. The City of Ames shall not utilize soil sterilizing spray in or adjacent to the above-described easement area. Damages to fences, livestock, crops, or other property of Grantor,their successors and assigns, by the City of Ames, its employees, contractors,representatives, agents, and assigns, while exercising any of the rights granted herein shall be paid by the City of Ames to the party damaged. Any crop damage payments shall be calculated based upon the Crop Damage agreement to be executed by the Parties. 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. Page 2 of 6 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 immediately upon exercise of the Option. 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. Grantor reserves the right to file a notice of such termination. IN WITNESS WHEREOF, the parties hereto have executed this Option and Easement Agreement as of the day and year first above written. By r.ti,.7L��. ._�CC" t.�_/°J By Leona O.Larson Leonard A.Larson By QOke Rl t i��;�(�_ Jn '� iacqudHne Sue Larson STATE OF ss COUNTY OF On the day of Y I` 2010, before me personally appeared, Leona O. Larson, a singl*13 , known to me to be the person(s) described in the foregoing instrument and acknowledged to me that they executed the same. p�Rpp�IlBEAI.IDMN OOONIAIN�BER7lOIM otary Public MIIOONME�ONENON 50.�N My Commission Expires: STATE OF_ L�c COUNTY OF L< ., ) ss On the day of 2010, before me personally appeared Leonard A. Larson and Jacqu ine Sue Larson, husband and wife, known to me to be the person(s) described in the foregoing instrument and acknowledged to me that they executed tlle s e. ,,Yh A smaloodlinkiffimo IWMWASMUNIEBNCN�q�11 otary Public My Commission Expires: f V. �' �C/U Page 3 of 6 EASEMENT PLAT secCorner EXHIBIT "A to Fold r ben for Highway 210 Ieesrae"w n.Da owori 1 LRoodway Easement Varies I I 1 : Parcel RS19A I Noel R.Larson Q Leonard Alien Larson,eto1. !! 1 NEc �83'23 !i 'See. e Transmission line Easement Description i That part of the Northeast V4 of the I <v I Northeast V4 of Section 31,Township 1 82 North,Range 23 West of the 5th I P.M.,Story County,Iowa,lying south of existing roadway easement and east of the following described One* li i Commencing at the Northeast corner of said Section 31;thence North 17.00'Tronsniszsion Line Easement 89.51'38" West along the north One of said Northeast 1`4 of the Northeast 1/4,a distance of 17.00 1 feet to the Point of Beginning;thence I South 00127'22" West,1329. 4 feet to a point on the south One of said Northeast 1/4 of the Northeast V4 and to the Point of Terminus. Point of Tormlrnn E 1/4 Corner Sec.31- 2-23 Fnd 1/2"tebor In 4"x4" Cane. am rem ertiq Ref 1A @ Mid!!2y 4 Fnd Section corner dseueet as FreFrel W er re Weer Fnd ITT R.©.w.R44 arR eee WWled if oroMr of West fad lilemwent es NeW • �it���esi Mroalln WAeu1 1 eM 1 Section Leis tw $left ofaW 1u'eM Wr M t�0tooV4 Seetbn Line -•-- kw �(\ V4 V4 Section Ins ------ t amsa enl Line ------• T terry . Sate 0 200 1�j V IWIE"M se%is wowbw}I.WI ►eMe r etreb eewN of We well 1Maa►tr t SCALE (FEET) STORY COUNTY-PARCEL RS19A OW I OF 1 CITY OF AMES TRANSMISSION LINE EASEMENT PLAT lk 104.0699A .^17-v ^F A:MF rle TLC ® SNVDER &ASSOCIATES eolew.Gatl,Aroltll*AD W=03/2/2o1© Erpinimn and Planners Namtoee0 plote4 TM SOK P0:5 e L/ EASEMENT PLAT NS C _ EXHIBIT "A" `FW V klen ow — — — — — — — Paint of Term" i t _ I 17.00'Transmission Line Easernent 1 t i Parcel RS20A I Noel R.Lorson a; i Leonard Alen Lorson, stol. Ar Transmission Line Easement Description That Port of the Southeast V4 of the $ 1 Northeast 1/4 of Section 31,Township 1 62 North,Range 23 West of the Sth P.M.,Storyy County,Iowa,lying cost of the folowki9 described In*: Commencing at the East 1/4 corner of said Sector 3%thence North 99.45'37" West along the south line of said Southeast 1/4 of the i 1 Northeast 1/4,a distonce of 17.00 feet to the Pant of Beginning;thence I North 00.27'22" East,f329.54 feet I to o point on the north line of said Southeast 1/4 of the Northeast 1/4 to the Point of Terminus. — — — — Port o1 beowkq N09.45'37"W 17.00' E b4 Corner Sac.31-162-23 in® V2" ReW in 4"x4"Cenc. N t1 Eawd �.,, .rsity wwsw►w e ip.r, lad ROOT RG.W.Ror Wk r N:ftvwr�lIV n «"ryr r dvso miffiRAffift % rnd m Unenl a Not.d • ff : h d» aNt.d1N Ma +�1Mw•`1}�y Steen keno —'-- W4 Stsaon kin. ----�V4 V4 Stollen ea -----" Ettt,rrat U. fury Daft l lain 0 200 1d643 ik �.a�.a Iee�wr 11.>swi itiw Or K.wa ttrrw by cat tali, a�ltr l SCALE (FEET) STORY COUNTY- PARCEL RS20A &M ' OF ' CITY OF AMES TRANSMISSION LINE EASEMENT PLAT M g4 ne TLC 31TY OF AME. SNYDER &AssociAws Get SN.ORIIWORMM MRW13/20% 4Nv sear o � Engkmn aniPPlonnsre AMCENY,V1 MM 1611)06"090 S EASEMENT PLAT „ EXHIBIT "A" In 4"nt4"Cane. NNe43'37"W 17AV Point of beowkq I 1 Parcel RS22A A� Noel R.Larson & Leonard Alen Larson,stol. 4 ,git4 N�Sec. I i I 17.00'Transmission Line Easement sA Transmission Line Easement Point of Torminus-111 Description That port of the North V2 of the z 1 Northeast V4 of the Southeast V4 + I of Section 3%Township 82 North i Range 23 West of the 5th P.M..story County,Iowa,lying east of the I following described Kne: Commencing at the East V4 corner Po(cep 9e 145) of said Section 31;thence North o ti0. 69'45'37" West along the north line tB ok of said Northeast V4 of the Southeast V4,a distance of 17.00 1 feet to the Point of Beginning;thence ti 1 South 00124'5T' West,66238 fast to r- s point on the south line of said ( i; I North V2 of the Northeast V4 of the Southeast V4 and to the Point of Terminus. — — — — — — — — — — SE Corner See.31-92-23 Fnd V2"Rebor--,4 LEGEND 1111tM }, 1 Mr crap NN 1M•iw� row secs"caner • •�rww W ee erwv [ee DOT e.O.V.Rat ert er worw k7 a or Wr 1 Mreef / orw•we!w NOW •r�eer rertw►w w Ikr 14e• 7 �kM _ ►Ye fa1e�N N Iw1 erepr eeer M er V4 S*aUwwi Oka ---— tee► t V4 V4 See*M me ------ t aktrweme•t v Y T•rry .et• t Ne43 0 200 1e643o avows ere Is aawr n.fat re7.r rrea eweM b ede eeet+ �trt SCALE (FEET) STORY COUY-PARCEL RS22A '"�` 1 °f 'NT &k 1 N CITY OF AMES TRANSMISSION LINE EASEMENT PLAT M 1a4dJMA `. tit TLC �- Aftl4E' SNIYDKR a AssociATas 01&W.CPA AKARON SAM rf /W2o)101 .3�NY i ET41f mandPlenrisrs AFgfRQ�l,Mg0021��Ig4 10 TiOst Sf7i( e