HomeMy WebLinkAbout~Master - Electric Line - Fausch - Section 18, T82N, R23W Instruaent:2010- 00004110
N Date:Max 10e2010 10:52:27A
D Rec Fee: 20.00 E-Cos Fee: 3.00
Aud Fee: .00 Trans Tax: .00
Rec Nanasevent Fee: 1.00
Non-Standard Fase Fee: .00
Filed for record in Story County► Iowa
Susan L. Vande Kamp► 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. RSOIA,RSOIB
State of Iowa,County of Story
OPTION AND EASEMENT
The undersigned owner(s), Craig L. Fausch and Cynthia Fausch, 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 C N•4)
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 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.
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.
r
By0'to'A'
By 0-,'�
Craig I.
Fausch Cynthia fausch
GW�
STATE OF )
rz ) ss
COUNTY OF )
On the,day of � ,2010,before me personally appeared
Craig L.Fausch and Cynthia Fausch,husband and wife,known to me to be the person(s)described in
the foregoing instrument and acknowledged to me that they executed the same.
REIM-
�x tary Public
My Commission Expires:A Q V/ ZU � v',-)616
page 3 of 4
EXHIBIT A
Legal Description of Grantor's Property
The North One-half of Northeast Quarter(N1/2 NE1/4)of Section Eighteen(18)(Except that part taken for I-
35)all in Township Eighty-two(82)North of Range Twenty-three(23)West of the 5th P.M.
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 northerly of and adjoining the northerly right-of-way line
of 303rd Lane and extending between and abutting the westerly property line of the affected parcel and the
westerly right-of-way line of 570d'Ave.
page 4 of 4