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HomeMy WebLinkAbout~Master - Electric Line - Larson - Section 32, T82N, R23W C,�s l�Z Z lklnstrusent:2010- 00004111 ate:N9 10v2010 10:52:48A D Res Fee: 30.00 E-Qw Fee: 3.00 yAud Fee: .00 Trans Tax: .00 Rec knasesent Fee: 1.00 Hon-Standard Page Fee: .00 Filed for record in Story County, Iowa Susan L. Vande Kaw, 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.RS21,RS22,RS23A State of Iowa,County of Story OPTION AND EASEMENT The undersigned owner(s), Kenneth L. Larson and Louise E. 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, 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 (Po.(.) () 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 1 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 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 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 Dollars and 00/100 ($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 Grantor(s) hereby warrants that he/she is the sole owner of the property described on Exhibit A, attached hereto and incorporated herein, and has the right, without title restriction, to execute and deliver this instrument. IN WITNESS WHEREOF, the parties hereto have executed this Option and Easement Agreement as of the day and year first above written. By By Kenneth L.Larson Louise E.Larson STATE OF ss COUNTY OF V, On thy _day of :�7j ji�,� `� , 2010, before me personally appeared Kenneth L. Larson and Louise E. Larson, 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. QUA WA OOI� R M f otary Public W u OHI EMFUNOV.31 tM0 ;r � My Commission Expires:; Page 3 of 4 "' NW Corner EASEMENT PLAT Sec.32-82-23 EXHIBIT "A" Fnd 1" Iron Bar Transmission Line Easement Description That part of the West 247.50 feet of the South 363.00 feet of the t 1 Southwest 1/4 of the Northwest 1/4 of Section 32, Township 82 North, t Range 23 West of the 5th P.M.,Story County,Iowa,lying west of the following described line: Commencing at the West 1/4 corner of said Section 32; thence South a;1 89a45'57" East along the south line to of said Southwest 1/4 of the I Northwest 1/4, a distance of 37.50 l feet to the Point of Beginning; thence North 00a27'22" East, 363.00 feet to a point on the north ine of said P Se 32"8 feet of thethe tSouthwe So of the uthwest 36 t00West o o Northwest 1/4 and to the Point of l Terminus. I I I y-Point of Terminus ' 37.50' Transmission Line Easement W� _ t Nio ParcelRS21 Evelyn J. Larson, Kenneth L. Larson V1,063 and Virgil S. Larson, Trustees of the z�in�Za-7a`Nw /43 Evelyn J. Larson Revocable Trust I � 5�1132.82 2 t Sec — — — — — — — Pant of - i Beginning S89e45'57"E 37.50' W 1/4 Corner Sec.32-82-23 Fnd 1/2" Rebor in 4"x4" Conc. N LEGEND $ Fwnd I Web carilfy that this lad VYveyl g Fnd Section Corner ♦ dou~y wea brewed ad the related aurvey Fnd IDOT R.O.W.Rog = work was w1crndd by ne or under my direct Fnd Monument as Noted pereaal"orvision and that I an o dwy Section Line ihomaul Land Surveyor antler the taws df the 1/4 Section Line --- tS�'0 LAND SORT State of Iowa. V` V4 7/4 Section fine v4\. f� Centerline ------- Easement Line ----- TERRY Terry o y. Dote — COADY c a N e 16643 0 200 18643 t3U se Renewal Date is 0eafter 31,2011 f P or shoots covered DY this 68a1: skeet*61 1 a t SCALE (FEET) STORY COUNTY- PARCEL RS21 SHEET 1 OF 1 CITY OF AMES TRANSMISSION LINE EASEMENT PLAT Pk 104,0899A TLCAkL• TLC SNYDER &AssOCIATES 501 S.W.ORALABOR ROAD DATE 03/11/2010 Engineers and Planners ANKENY,to 50021(515)904-2020 TEM SCK dz1 ahec . A\add osernent o 15% W 1/4 Corner EASEMENT PLAT Sec.32-82'23 Fnd i/2" in 4"x4" Conc.onc. EXHIBIT "A" wS89'45'57"E 37.50' 1"*'�Point of Beginning Transmission Line Easement l Description 1 1 That part of the Northwest 1/4 of the I Southwest 1/4 of Section 32, Township 82 North,Range 23 West of 1 the 5th P.M.,Story County, Iowa,lying west of the following described line: 1 i Commencing at the West 1/4 corner ' of said Section 32; thence South 1 89'45'57" East along the north line of said Northwest 1/4 of the ' Southwest 1/4, a distance of 37.50 �(P feet to the Point of Beginning; thence I d South 00'24'51" West, 1324.63 feet ;M to a point on the south line of said l i Sec132sa2f23 an Northwest e dtothe Point of Terminus, 1/4 1 1 1() �l iN ParcelRS22 C4 ;o Evelyn J. Larson, Kenneth L. Larson and VirgilS. Larson, Trustees of the Evelyn J. Larson Revocable Trust o a 6 1 (AI � a 1 37.50' Tronsmission Line Easement 1 1 I 1 � I 1 I 1 1 ��—Point— of Terminus _ _ _ y SW Corner Sec.32 Fnd 1/2" Rebo Rehar LEGEND f FmW f hereby oert ify that this land surveyiry 11 Fnd Section Corner ♦ docent wa prewed and the related a rv" Fnd IDOT R.O.W.Rod = Park was performed Dy we or under ay direct Fnd Nonument as Noted weanal swerviaim and that 1 Goa duly section Line ticonsed Laid Surveyor under the logic�f the 1/4 Section Line —•— Ep LAND yam` State of(ova. '�(1 1/4 1/4 Section line ------.— `S fy Centerline ------ Easement Line TERRY Te40�6(ty. Dote COAOY gCiNu a 18643 0 200 18643 M' enewal pate is December 31.20ii Pages Or 8ilBata aaVB/ed DY this bawl: Sheet i all SCALE (FEET) STORY COUNTY- PARCEL RS22 ter 1 °F 1 TLC CITY OF AMES TRANSMISSION LINE EASEMENT PLAT va: 104 pM: TLC SNYDER &AssoCIATEs sot SM,ORALABORROAD DATE 03/11/2010 Engineers and Planners ANKEW IA 5=1(515)964-2020 SGK P t\ 4_ gecla\ A\ aaamad 8 �e S 3/1/$� EASEMENT PLATE 1/4 Corner !I 82-23 EXHIBIT "A" Fnd 1Sec/2" Reber ber in 4"x4" Conc. t Point of Terminus r r e 4 i1 PSec- 31 Parcel RS23A Evelyn J. Larson, Kenneth L. Larson, and Virgil S. Larson, Trustees of the; Evelyn J. Larson Revocable Trust , r 37.50' r i r 1 in PaKce\„9e 45) Transmission Line Easement Description tBpO rn� N That part of Parcel"B" in the wI is Southeast 1/4 of Section 31, Township 82 North,Range 23 West of the 5th P.M.,Story County,Iowa, as shown in o the Plot of 10,Page145uoftherStoryed in Countyok 1/�g�23 z1 z Recorder's office,lying north of Pt e�31- 2 1 existing roadway easement and east of the following described line: Transmission Line Easement Commencing at the Southeast corner ; of said Section 31;thence North 89e52'00" West along the south line i of said Southeast 1/4, a distance of 60.00 feet to the Point of Beginning; North 00124'51" East, 73.00 feet; thence South 89°52'00" East, 22.50 , feet; thence North 00'24'51" East, ` 1914.17 feet to a point on the north line of said Parcel"B" and to the S89°52'00"E 22.50' Point of Terminus. ' N00°24'51"E 73.00' NE 166th AVENUE Point of Beginning—/ N89°52'00"W 60.00'�// 5E Corner Sec.31-82-23 Fnd 1/2" Reber ,II LEGEND N Yt F—W i hereby cermy that this low surveying Fn f, d Section Corner ♦ 40"Wt"S Prepared and the related survey Fnd 10OT R.O.W.Rail z work was perfaraed by a or under wi direct Fnd Monument as Noted • WNW supervision and that t am a duly Section Line - - I icmnsed lad Surveyor abler the lwo r(f tha p LARD g State of Iowa. �(\ 1/4 Section Line —•- y,S`•- sRy 1/4 V4 section line —.•.—... cE fj Centerline v Easement Line TERRY Terry od�y. Date COADY u\� nc s N 18643 0 300 18643 Li s Renewal Dote is Detester 31.2011 POQ96 OI'8lkete C0 v4re0 by this weal: Steel 1 of 1 SCALE (FEET) STORY COUNTY- PARCEL RS23A SHET 1 OF CITY OF AMES TRANSMISSION LINE EASEMENT PLAT Pk: 104.0899A PM: TLC SNYDER &ASSOCIATES Sot S.W.ORALA13ORROAD BASE: 03/tt/2010 Engineers and Planners ANKENY,IA 50021(516)OU-2020 TEM SGK d\ 4_ oleols\ 4, A\odd\oaananSets 3/94l1 t