HomeMy WebLinkAbout~Master - Electric Line - Larson & Bates - Section 30, T82N, R23W E45 &76
/0\nstrusent:2010- 00004109
h Oate:ilas 1072010 10:52:01A
D Rec Fee: 20.00 E-Gat Fee: 3.00
G Aud Fee: .00 Trans Tax: .00
Rec Manaseaent Fee: 1.00
Non-Standard Pose Fee: .00
Filed for record in Stars Countsr Iona
Susan L. Vande Korvr Counts 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 16A
State of Iowa,County of Story
OPTION AND EASEMENT
The undersigned owner(s), Leonard A. Larson and Jacqueline Sue Larson, husband and wife and
James A. Bates and Arlene L. Bates, 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 (Ob.4)
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
Pagel of 4
well as the lands described herein. Such ingress and egress rights 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, 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 4
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 first above written.
't
13 By �Z '
Leonard A.L son J ' es A.Bates
BY BY
acqu ine Sue Larson Arlene L.Bates
_T
STATE OF,-104"— )
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COUNTY OF
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On the day of �^I 2010, before me personally appeared,
Leonard A. Larson and Jacqueline Sue Larson, husband and wife, known to me to be the person(s)
desWeia the ore going instrument and acknowledged me that they executed the s e.
woMMMNWINK SN01 48W otary Public
STATE
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COUNTY OF
On the day of �° �� 2010, before me personally appeared
James A. Bates and Arlene L. ates,husband and wife, known to me to be the person(s) described in
the foregoing instrument and acknowledged to me that they executed the s .e
DALE A AHLSiEN
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NOTARIAL SEAL,IOWA otary Public
• COMMISSION NUMBER 7WO
IWCOMMISSION EXPIRES NOV.30,2Dt0
My Commission Expires:
Page 3 of 4
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EASEMENT PLAT
�E 1/4 Corner
EXHIBIT ''A'' Fnd RR Spike3
Point of Terminus
re.ee a one
w North Line of i��� 70.50'
South 95 Ac. SE1/4 NN 37.50'
Mo �
o°^ Transmission
_ z `a' Line Easement
Point of 9eginning
South Line of N89w49'49"W 70.50'
NE1/4 SE1/4
Sec. 30-82-23
Parcel RS16A
Leonard A. & Jacqueline Sue Larson
& James A. & Arlene L. Bates
In
2 S Fr1I2 N
Transmission Line Easement Sg5NG �130"g2 2 w
Description Se N
MM
n
That part of the South 95 Acres of oM LLj
the East 1/2 of the South Fractional cN o
1/2 of Section 30, Township 82 �IZ Z
North,Range 23 West of the 5th t`J W
P.M., Story County, Iowa, lying west of N
existing roadway easement and east Q
of the following described line: e
Commencing at the Southeast corner z
of said Section 30; thence North O
00*33'22" East along the East line of l�
said Section 30,a distance of I Lo
1327.73 to the south line of the
Northeast 1/4 of the Southeast 1/4
of said Section 30; thence North 33.00' Roadway Easement
89a49'49" West along said south line,
70.50 feet to the Point of Beginning:
thence continue North 00a33'22"
East, 189.02 feet to a point on the
north line of said south 95 Acres and SE Corner
to the Point of Terminus. Sec.31-82-23
Fnd 1" Iron Bar
Highway 210
LEGEND
N SSl Found I hereby car tIfy that this land slrveyirlq
Fnd Section Corner ♦ docunent vas If
and the related survey
Fnd IDOT R.O.W.Rail '1' vork was performed by me or under my direct
Fnd Monument as Noted Dersoml supervision and that I ae a duly
Section Line licensed Land Surveyor under the loge�the
1/4 on Line _ _ LAND State of Iowa. �(\
1/4 1/4tlSection line ---— 4�aSE0 Spy``
Centerline ------- .�, �9
Easement Line ------• TERRY Terry
I1----�
c Date
COADY
0 200 L s al 18643
-came Rene Date is Decenber 31.2011
I Pages or sheets covered by tnis seal:
Sheet 1 of 1
SCALE (FEET)
STORY COUNTY- PARCEL RS16A WeFr 1 OF 1
CITY OF AMES TRANSMISSION LINE EASEMENT PLAT PN: 104 TLC
PM: TLC
SNYDER &ASSOCIATES 501 S.W.ORALABOR ROAD DATE: 03/11/2010
Engineers and Planners ANKENY,IA50021(515)964-M TEN: SCK
J:\2004-Projects\104.0899A\Cadd\Easement Plats\RS15A.eas
3/19/010
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