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Home My WebLink About~Master - Electric Line - Ploegstra - Section 19, T81N, R23Wi g-qs /6 7Y Doc ID: � IIIIIIIIIIIIiliiilllllllllllllll l IIII IIIII IIIII IIIII IIIII IIIII IIIII11111IIII IIII Recorded: 05/19/20? 0aT10:t 14:55 AM Fee Amt: $24.00 Page0 1 of 4 Revenue Tax: $0.00 � / Polk Countv Iowa v Filed 2010-00084677ECORDER eK13447 PG482-485 RETURN TO: RETURN TO:CityClerk City of Ames P.O.Box 811 Ames Iowa 50010 tY , Prepared by: Lyndon Cook,Electrical Engineering Manager,City of Ames CITY OF AMES OPTION AND EASEMENT FOR ELECTRIC LINE Tract No.HP25 State of Iowa,County of Polk OPTION AND EASEMENT: The undersigned owner(s), Adrian Ploegstra and Shirley L. Ploegstra, as Trustees of the Shirley L. Ploegstra Revocable Trust dated August 29, 1992, 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 Polk,State of Iowa,being more specifically described as follows: See Attached Exhibit A 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, except anchors or guy wires, 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 Cityof Ames shall have the irrevocable right, commencing upon the date of the exercise of this P�� g P Option,to survey theproperty,to conduct engineering and associated investigations including,but not P Y g g g 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 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 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. Shirley L.Ploegstra Revocable Trust dated August 29, 1992 By By �2y�t:`x Adrian Ploegstra,trustee Shirley L.P egstra,trusteed STATE OF IOWA ) ss COUNTY OF P�LK ) �Z On the day of CZC ,2010,before me personally appeared Adrian Ploegstra and Shirley L.Ploegstra, as Trustees o he Shirley L. Ploegstra Revocable Trust dated August 29, 1992, known to me to be the person(s) described in the foregoing instrument and acknowledged to me that they executed the same. �M00— tart'Public MWOMMAM= My Commission Expires:jlll�kl page 3 of 4 3 EXHIBIT A Legal Description of Grantor's Property The West Half of the Northeast Quarter(W 1/2 of NE 1/4)of Section 19, Township 81 North,Range 23 West of the 5th P.M.,Polk County,Iowa,except public highways,being 75 acres more or less. EXCEPTION: A parcel of land located in the NE 1/4, Sec. 19, T81N, R23W of the 5th P.M., Polk County, Iowa, lying on the east side of the following described centerline of Interstate Route No. 35, and on the south side of the following described centerline of Secondary Road connection at Sta. 598+86.1,as shown on official plans for Project I-35-4(4)93. The centerline of Interstate Route No. 35, designated by station points 100 feet apart,numbered consecutively from south to north is described as follows:Beginning at Sta. 598+86.1,a point 149.3 ft. west of the N1/4 corner Sec. 19,on the north line thereof,thence southerly 300.0 ft. along a 23,986.0 ft. radius curve, concave easterly and tangent to the following course, to Sta. 595+86.1, thence S2143 1/2' E 2359.9 ft. to Sta. 572+26.2. Centerline of Secondary Road, designated by station points 100 ft. apart, numbered consecutively from west to east, is described as follows: Beginning at Sta. 1600+37.2, the N 1/4 corner of Sec. 19, thence N89°58' E 1012.8 ft. to Sta. 1610+50. Said parcel is described as follows: All that part of said NE 1/4, that lies westerly and northerly of a line beginning at a point 137 ft. normally distant easterly from centerline of Interstate Route No. 35, on the south line of said NE 1/4, thence to a point 137 ft. normally distant easterly from Sta. 576+00, thence to a point 240 ft. normally distant easterly from Sta. 577+00,thence to a point 260 ft. normally distant easterly from Sta. 583+00,thence to a point 245 ft.normally distant easterly from Sta. 585+00, thence to a point 137 ft. normally distant easterly from Sta. 587+00, thence to a point 137 ft. normally distant easterly from Sta. 593+05, a point on the west line of said NE 1/4, thence along said west line to a point 100 ft. normally distant southerly from centerline of Secondary Road, on the west line of said NE 1/4, thence to a point 100 ft. normally distant southerly from Sta. 1602+30, thence to a point 50 ft. normally distant southerly from Sta. 1606+00, thence to a point 50 ft. normally distant southerly from Sta. 1609+00, thence to a point 33 ft. normally distant southerly from Sta. 1610+50, thence to Sta. 1610+50. Said parcel contains 4.5 acres, more or less, exclusive of present established highway. Note: The north line of the NE 1/4 NW 1/4 of said Sec. 19 is assumed to bear East and West. Easement Description A 75 foot wide perpetual easement for the purposes described in this document over,under and across that part of the above described affected parcel lying easterly of and adjoining the westerly property line of the affected parcel. The width of said easement shall be measured perpendicular to said property line. page 4 of 4