HomeMy WebLinkAbout~Master - Electric Line - Rouse - Section 20, T82N, R23Wf
J"eelnstrument:2010- �)0006362
Date:Jul 06r2010 11:45:01A
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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.RS07,RS08
State of Iowa,County of Story
OPTION AND EASEMENT
The undersigned owner(s), Gene H. Rouse and Marita K. Rouse 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 _ Page Y.4 5
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 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. Any structure placed pursuant to the
terms of this agreement shall be placed conditional to the exact location of preliminary markers
approved by property owner.
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 5
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 parry 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 5
IN WITNESS WHEREOF, the parties hereto have executed this Option and Easement
Agreement as oft e day and year 'ove written.
By ? i 'tl?---' By
Gene H.Rouse Mari ta :Rouse
STATE OF
COUNTY OF � f11�C ) ss
On the C;� day of a/L� ,2010,before me personally appeared
Gene H.Rouse and Marita K.Rouse 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.
At
mp
* W WOD M MM ary Public
Nay.a9,fp11
My Commission Expires:
page 3 of 5
W 1/4 Corner EASEMENT PLAT
Sec.20-82-23
Fnd 5/8" Rebor EXHIBIT "AII
-S89°35'28"E 70.50' 315th STREET
Point of Beginning
1
I Roadway Easement Varies
(Book 10, Pge 81)
33.00'Roadway Easement
W 70.50'
:D A
Z '
W
I tp
h
Q I I Oleo
1
1
1
-I-•/ ,W I
'N
iv Parcel RS07
Gene H. Rouse & I
i� Transmission Line Easement
1
N Morita K. Rouse Description
LQ
1 That part of the Northwest 1/4 of
MI , Transmission 11
4 SW1/4 the Southwest 1/4 of Section 20,
3 ; Line Easement Nw 20-B2 Township 82 North,Range 23
sec. West of the 5th P.M.,Story
i County,Iowa,lying east and south
04 1 37.50' of existing roadway easement and I
o west of the following described
0 1 line:
zl � I
1 Commencing at the West 1/4
1 corner of said Section 20; thence
South 89a35'28" East along the
SO4a46'07"E 192.68' North line of said Northwest 1/4
of the Southwest 1/4, a distance
i of 70.50 feet to the Point of
Beginning; thence South 00a02'24"
h East,883.76 feet; thence South
I i 04a46'07" East, 192.68 feet;
' v thence South 00a14'44" West, I
;c —48.00' Roadway Easement 250.85 feet to a point on the I
:�o (Book 10, Page 198) south line of said Northwest 1/4
of the Southwest 1/4 and to the
Point of Terminus.
' Point of Terminus
,
'O'�SW Corner
NW1/4 SW1/4
Sec.20-82-23
Fnd Rebor
Cap #8136
, I LEGEND
�I survey Found
III, t nereny cerrcfy that this lad srveyf ro
Fnd Section Corner ♦ dacuimnt was prepared and the related survey
Fnd OCT R.O.W.Roil = work was performed by me or under ey direct
Fnd Monument as Noted ✓♦ personal swervlelon and thot 1 om a dulyyy
Section Line --- licensed Land Surveyor under the IOre.o9 the
1/4 Section Line —_-_ `� �LAND SIB yo State of Iowa. y\
1/4 1/4 Section line
Centerline —-—-—-— q
Easement Line ------• TERRY Terry oa L Date
COAOY
D 2D0 oe u r 18643
18643 Lia se Renewal oats is Deceeber 31,2011
�� Pages or sheets covered by this seal:
Sheol t of 1
SCALE (FEET)
STORY COUNTY- PARCEL RS07 SHEET 1 OF 1
CITY OF AMES TRANSMISSION LINE EASEMENT PLAT PH' 104 TLC
PM: TLC
SNYDER &ASSOCIATES 501 S.W.ORAL480RROAD DATE 03/03/2010
Engineers and Planners ANMW,,a 5=1(515)964-20m TECH: SGK
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SW1/4°SW;/4 EASEMENT PLAT
Sec. 20-82-23
Fnd Rebar Cap tt8136 EXHIBIT "AII
S89°36'30"E 70.50'
Point of Beginning Transmission Line Easement
i Description
70.50'
i That part of the Southwest 1/4 of the
37.50' Southwest 1/4 of Section 20,
Township 82 North,Range 23 West of
33.00'Roadway Easement the 5th P.M., Story County, Iowa, lying
north of the former right-of-way of
10) the Chicago,Milwaukee and St.Paul
.4 Parcel RS08 Railway Company,and lying east of
,� Gene H. Rouse & existing roadway easement and west
Morita K. Rouse of the following described line:
�w
N Pt S`N 2�B2w23 Commencing at the of said Southwest 1/4 of the Northwest
t corner
o ,o Sec. Southwest 1/4i thence South
`" :0 89a36'30" East along the North line I
i0 of said Southwest 1/4 of the
Southwest 1/4, a distance of 70.50
Transmission feet to the Point of Beginning', thence
Line Easement
South 00a00'28" East, 764.97 feet to
3 , o point on the north line said railroad
00 1 right-of-way and to the Point of
o i Point of Terminus Terminus.
0
o Abandoned RR 100.00'
z SW1/4 SW1/4
LLJ Sec. 20-82-23
R I
z I 'I-Fnd 1/2'' Rebar
W
Fnd 1!2" Rebar Cap Illegible
QCap #3417
4-1
� tGFNc 13 g20' P�•SW 20 g2 23
i� Sec. I
Lo I
I I
Fnd 1/2" Rebar Fnd 1/2" Rebar
Bent Cop Illegible
1'NNE 2.5'North
—SW Corner 3 2 0 t h LANE SE Corner J�
Sec.20-82-23 SW1/4 SW114 j
Fnd RR Spike Sec.20-82-23 J/
Cap #17161
LEGEND
N Survey Found
!nerebY certify that this land surveying
Fnd Section Corner ♦ doaurent was prepared and the related survey
Fnd IDOT R.O.W.Rail j' work was performed by me or under my direct
Fnd Monument as Noted personal eupervisian and that I on a duty
Section Line --- licensed Land Surveyor under the lads t�f the
1/4 Section Line ---- h`��SEp LAND SURyF�o State of tows. �(\
1/4 1/4 Section line -----
Centerline -- --- y
Easement Line ------ TERRY� ferry oSEfy. Dote
�AQY c s Nu\lybe 18643
0 200 18643L e Renewal Date is Decenber 31,2011
1 Pages or sheets covered by this heal:
Sheet 1 of 1
SCALE (FEET)
STORY COUNTY- PARCEL RS08 S EEr 1 OF 1
CITY OF AMES TRANSMISSION LINE EASEMENT PLAT PN' 104.0899A
PM: TLC
SNYDER &ASSOCIATES 501 S.W.ORALABORROAD DATE:03/03/2010
Engineers and Planners ANKEWI;[A5=1(615)9842020 TECH: SGK
A2004-Projects\104.899A\Codd\Easement Plats\RSOB.eas
3/19/SGK
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