HomeMy WebLinkAboutA001 - Affidavit Explanatory of Title Inst rurent:2012- 00004021
Date:Apr 1BY2012 02:19:42P
D Rec Fee: 45.00 E-Cov Fee: 1.00
b Aud Fee: .00 Trans Tax: •00
Rec hanuseMent Fee: 1.00
Mon-Standard Page Fee: .00
Filed for record in Story Cunt9l Iowa
Susan L. Vande Karns County Recorder
VIP*et�rrt To:City,Clerk,City of Ames,P.O.Box 811,Ames,Iowa 50010^G�l
by:James L.Pray.666 Grand Ave,Suite 2000.Des Moines.IA 50309 Telephone: (515)242-2400
AFFIDAVIT EXPLANATORY OF TITLE
The undersigned, Lyndon Cook,being first duly sworn, deposes and states as follows:
1. I am the Electrical Engineering Manager for the City of Ames, Iowa.
2. I am authorized by the City of Ames to execute this Affidavit.
3. This Affidavit is given as an Affidavit Explanatory of Title pursuant to Iowa Code
Section 558.8 (2011) as it pertains to an Option and Easement interest of the City
of Ames over and across a portion of real estate (the "Real Estate") described as
follows:
The Northwest Quarter (NW 1/4) of the Northwest Quarter
(NW1/4) of Section 32, Township 82 North, Range 23, West of the
5th P.M., Story County, Iowa except two (2) acres described as
beginning at the Southwest corner of said NW1/4, running thence
North 22 rods, thence East 15 rods, thence South 22 rods, thence
West 15 rods to place of beginning.
and
The Southwest Quarter (SW1/4) of the Northwest Quarter
(NW1/4) of Section 32, Township 82 North, Range 23, West of the
5th P.M., Story County, Iowa except two (2) acres described as
beginning at the Southwest corner of said NW1/4, running thence
North 22 rods, thence East 15 rods, thence South 22 rods, thence
West 15 rods to place of beginning.
4. The City of Ames is the Grantee of an Option and Easement for Electric Line
executed by Margaret Fay Nelson and Ronald G. Nelson, husband and wife,
Esther Ann Johnsen and Richard E. Johnsen, husband and wife and Mark Sydnes
Freeland and Diane Freeland, husband and wife ("Grantors") for the purposes of
I
constructing, reconstructing, patrolling, operating, maintaining and removing
electric lines to be located on the Real Estate as set forth in Exhibit A, 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.
5. The City of Ames is the Grantee of an Option and Easement for Electric Line
executed by Margaret Fay Nelson, Trustee, Esther Ann Johnsen, Trustee, and
Mark Sydnes Freeland, Trustee ("Remaindermen Grantors") for the purposes of
constructing, reconstructing, patrolling, operating, maintaining and removing
electric lines to be located on the Real Estate as set forth in Exhibit A, 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.
6. Upon information and belief, by Margaret Fay Nelson, Esther Ann Johnsen, and
Mark Sydnes Freeland, together with their respective spouses each hold a one-
fourth interest in a one-half interest in the Real Estate for a total of three-eighths
interest in the Real Estate. Upon information and belief Diane Freeland Jenkins
f/k/a Diane Kay Hostetter owns a one-fourth interest in a one-half interest in the
Real Estate.
7. Upon information and belief, the Flora M. Freeland Revocable Trust owns a one-
half interest in the Real Estate.
8. On January 13, 2010, the City of Ames filed petitions with the Utilities Board
(`Board") requesting franchises to construct, maintain, and operate a total of
20.35 miles of 161,000-volt (161 kV) electric transmission line proposed to be
constructed in Polk and Story Counties, Iowa. The petitions were identified as
Docket No. E-21988 (Polk County) and E-21989 (Story County). AMES filed
revisions to the petitions and additional information on January 14, May 3, May 5,
May 14, August 2, and December 1, 2010, and on March 17, May 25, August 17,
September 9, September 14, September 29, October 18, October 26, and
November 16, 2011.The City of Ames also requested eminent domain authority
pursuant to Iowa Code § 478.6 for two the parcels described in the attached
Exhibit A.
9. On March 21, 2012 the Honorable Administrative Law Judge Amy L. Christensen
issued a Proposed Decision and Order Granting Franchises ("Proposed
Decision"). In the Proposed Decision the Administrative Law Judge held that "If
this proposed decision and order becomes the final order of the Board, [the City
of Ames'] requests for eminent domain are granted to the extent requested in
2
petition Exhibit E in Docket No. E-21989." The Proposed Decision is currently
on appeal to the Board.
Further affiant sayeth not.
-rh
Dated this �3 day of April, 2012.
don Cook
STATE OF IOWA )
)ss:
COUNTY OF STORY )
On this 0 day of April, 2012, before me,the undersigned, a Notary Public in and for
said State, personally appeared Lyndon Cook to me known to be the identical person named in
and who executed the foregoing instrument and acknowledged that he executed the same as his
voluntary act and deed.
Notary Public in and for said State
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Exhibit A
4
- J
Instrument:2012- 00003397
M Date:Apr 03,2012 01:55:27P
D Rec Fee: 25.00 E-Com Fee: 1.00
6 Aud Fee: .00 Trans Tax: .00
Rec 11anosement Fee: 1.00
Non-Standard Page 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.RS 19,RS20
State of Iowa,County of Story
OPTION AND EASEMENT
The undersigned owner(s), Margaret Fay Nelson and Ronald G. Nelson, husband and wife, Esther
Ann Johnsen and Richard E. Johnsen, husband and wife and Mark Sydnes Freeland and Diane
Freeland, 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 F—0nfiI2e, �'S
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.
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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. Crop damages will be based upon: (1)the area affected by the
electric line construction; (2) the average yield per acre on the property for the crop on the
affected land as reported by the Iowa State University Extension's Historical County Yields for
the previous five year period prior to construction; and (3)the local market price for the type of
crop damaged determined at the time of completion of the electric line construction, maintenance
or removal of said line, across the Owner's property. 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.
__
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IN WITNESS WHEREOF, the parties hereto have executed this Option and Easement
Agreement as of the day and year first above written.
BY BY
Margar Fay Nelson Ro ald G.Nelson
By� ? BYXA�
Esther Ann Johnsen Richard E.Johnsen
By By end
Marf Sydnes Fr6eland Diane Freeland
STATE OF IOWA ) SVWM�Ia
ss
COUNTY OF W--) N ) camwra+•?Alm
-
My CarrrtlrNon iipMr�
On the day of�� h 2010, before me personally appeared Margaret
Fay Nelson and Ronald G. Nelson, 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.
L--� 14 t"Su
Notary Publi
My Commission Expires:
STATE OF COLORADO
ss ?� Mr
COUNTY OF 14 f i m t r ) so
10
On the 9y—day of Decer,be r , 2 .�6� appeared Esther Ann
Johnsen and Richard E.Johnsen,husband and wife,kn erson(s)described in the
foregoing instrument and acknowledged to me that they exe
Not�blic
My Commission Expires: 6—I 7— 90 t y
STATE OF MAR,JYLAND )
ss
COUNTY OF
On the day of -:I4`KV a r y 2010, before me personally appeared Mark
Sydnes Freeland and Diane Freeland,husband and wife,known to me to be the person(s)described in
the foregoing instrument and ac owl edged to me that they executed the same.
1U►0 �6w Notary Oublic
#_ My Commission Expires:
p . �
EASEMENT PLAT
NW Corner
Sec.32-82-23 EXHIBIT "A"
Fnd 1" Iron Bar
N89*57'35"E 37.50' Highway 210
I
Point of Beginning
Roadway Easement Varies
I i
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t
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I
i Parcel RS19
' 1/2 Interest to Flora M. Freeland-Life Estate and
Remainder in equal shares to
i Esther Ann Johnsen, Diane Kay Hostetter,
a, Mark Sydnes Freeland and Margaret Fay Nelson
to 1/2 Interest to Flora M. Freeland, as Trustee
N of the Flora M. Freeland Revocable Trust
I�
to '3 NeG�32�82/23
C14 N 5 Transmission Line Easement
r, Description
3 c�I
C4 ;o That part of the Northwest 1/4 of the
N to Northwest 1/4 of Section 32, Township
N 82 North,Range 23 West of the 5th
of P.M.,Story County, Iowa, lying south
N of exis#ing roadway easement and
west of.th§ following described line:
37.50' Transmission Line Easement Commendinq_'at the Northwest corner
of said Section 32; thence North
i 89e57'35" East along the north line
' of said Northwest 1/4 of the
Northwest 1/4,a distance of 37.50
i feet to the Point of Beginning thence
South 00*27'22" West, 1329.59 feet
to a i ne of said
Northwt t estl/4 of the he uNorth thwest 1/4
Point of Terminus and to the Point of Terminus.
W 1/4 Corner
Sec.32-82-23
Fnd 1/2" Rebor
in 4"x4" Conc.
LEGEND
N Survey I hereby certify that this land surveying
Fnd Section Corner A dasennt was greased ad the related survey
Fnd IDOT R.O.W.Rail = work was Wfa m by se or under sN direct
Fnd Monument as Noted preafol supervision and that 1 am o duly
Section Line I lasneed Land Surveyor Caber IM la F the
1/4 Section Line --— `�SEp LAND StateState of Iowa.
1/4 1/4 Section fine ----- `� E
Centerline .......
Easement Line ------- TERRY Terry Fod0y. Date
COA(1Y sic s Nu a 18643
0 200 18643 a Renewal Date 1s Deceeber 31,2011
P oraMeta covered by this soot:
sliest
1011
SCALE (FEET)
STORY COUNTY- PARCEL RS19 6HEEr 1 OF 1
CITY OF AMES TRANSMISSION LINE EASEMENT PLAT PN' 104 TLC
Pik TLC
SNYDER &ASSOCIATES 501 S.W.ORALABORRW DATE: 03/11/2010
Engineers and Planners ANKENY,a WM1(516)964-= Twt SCK
J:\ 4_rojeets\1o4. A\odd\asement \ eoe
/24/2o1I1
EASEMENT PLAT
NW Corner
Sec. 62 23 EXHIBIT "A"
Fnd 1" Iron Bar
1
Point of Terminus
1
1
1
1
37.50' Transmission Line Easement I
� I
I � I
1
1
1
1
Parcel RS20
' 1/2 Interest to Flora M. Freeland-Life Estate and
Remainder in equal shares to
1 Esther Ann Johnsen, Diane Kay Hostetter,
6 o Mark Sydnes Freeland and Margaret Fay Nelson
Ln ' 1/2 Interest to Flora M. Freeland, as Trustee I
N ;!+J of the Flora M. Freeland Revocable Trust I
IN
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N z Pt e W 32 g2w 23 ct DescTransmissio ption n Line Easement
Z 1 5 That part of the Southwest 1/4 of the
Northwest 1/4 of Section 32, Township
82 North,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 l
of said Section 32; thence North I
i� 00a27'22" East along the west line of
, ,� Point of Beginning said Southwest 1/4 of the Northwest
1/4,a distance of 363.00 feet to a
S89a45'57"E 37.50' point on the north line of the west
247.50 feet of the south 363.00
feet of said Southwest 1/4 of the
Northwest 1/4; thence South
5' S� 89a45'57" East along said north line,
MSW�/32Na2/)45 37.50 feet to the Point of Beginning:
Sep, thence North 00a27'22" East,966.70 1
feet to o point on the north line of
said Southwest 1/4 of the Northwest
1/4 and to the Point of Terminus.
�W 1/4 Corner
Sec.32-82-23
Fnd 1/2" Rebar
in 4"x4" Conc.
LEGEND
F-W I hereby certify that this lad aarveying
Fnd Section Corner ♦ daWaent was prsaored and the related term
Fnd IDOT R.O.W.Rail '= work was aerfarsed by we or order ey direct
Fnd Monument as Noted - aerschal suservistm and that I m a duly
Section Line Iicensed Land Surveyor twder the loss df the
1/41/4 1S/4 tiSon Lineection line --__ `�y,SEO LAND Spq��` Stateof loco. �I\
Centerfine —•—•—•— .�,
Easement Line ------- TERRY Terry FAy. note
COADY is Nu a 18643
0 200 18643 I L e Renewal Date Is Dec~31,2011
Page
hme or sheets covered by this seal:
Shut 1 of 1
SCALE (FEET)
STORY COUNTY- PARCEL RS20 ow 1 OF 1
CITY OF AMES TRANSMISSION LINE EASEMENT PLAT FW' 104
PM: TLC TLC
SNYDER &ASSOCIATES 501 S.W.ORALABOR ROAD DATE 03/11/2010
Engineers and Planners ANKENY,IA50M1(515)9" 00 TECrt SCK
J;\20D4_rojects\ 99A\Cadd\Easement fats\ eos
3/24/210