HomeMy WebLinkAbout~Master - Electric Line - Nelson, Johnsen, & Freeland - Parcels RS19 & RS20 J
Instrument:2012- 00003397
VV h iate:Acr 03►2012 01:55:27P
0 Rec Fee: 25.00 E-Coe Fee: 1.00
G Aud Fee: .00 Trans Tax: .00
Rec lianesenent 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 (OV).
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 -• �P. 7 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 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 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. 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.
page 2 of 5
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� '� By
ll1 Esther Ann Johnsen Richard E.Johnsen
By By
M,;rf Sydnes F14eland Diane Freeland
STATE OF IOWA Q-
On ss "No Nd-COUNTY OF l-I ) My CtmmylMon �L the day of��CLn 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.
Notary Publi
My Commission Expires: ` o�
STATE OF COLORADO
ss 7Mr
COUNTY OF to r;M c r
On the 9y day of Deter+be r , 2( ~6, y 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
Notary ublic
My Commission Expires: 6—/7— ao/!
STATE OF MARYLAND )
ss
COUNTY OF f/i97e�OQy
On the W'day of _/�t e'1(,t a i'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 owledged to me that they executed the same.
•'+AT �Z
Notary Oublic
* M►0 LOW•_* My Commission Expires: ��• j' �'
• page 3 of 5
EASEMENT PLAT
NW Corner
Sec.32 23 EXHIBIT "A"
Fnd 1" Ironron Bar
N89a57'35"E 37.50' Highway 210
I
Point of Beginning
Roadway Easement Varies
I i
e
1
i
i
I
e
i
1 i Parcel RS19
' 1/2 Interest to Flora M. Freeland-Life Estate and
I
Remainder in equal shares to
Esther Ann Johnsen, Diane Kay Hostetter,
O1 Mork Sydnes Freeland and Margaret Fay Nelson
IQ
1/2 Interest to Flora M. Freeland, as Trustee
N of the Flora M. Freeland Revocable Trust
v°il i 3 Pt\N1f 4 Na2�23
to N N Sec 32- Transmission Line Easement
i. Description
3 N
N ;o That part of the Northwest 1/4 of the
a i to Northwest 1/4 of Section 32, Township
82 North,Range 23 West of the 5th
o ; P.M.,Story County,Iowa, lying south
N 1 of existing roadway easement and
i
west of.th§ following described line:
37.50' Transmission Line Easement Commending.'at the Northwest corner
of said Section 32; thence North
i 89a57'35" East along the north line
' of said Northwest 1/4 of the
Northwest 1/4,a distance of 37.50
feet to the Point of Beginnings thence
South 00*2T22" West, 1329.59 feet
' to a porrit on the south line of said
i Northwest 1/4 of the Northwest 1/4
Point of Terminus and to the Point of Terminus.
W 1/4 Corner
Sec.32-B2-23
Fnd 1/2" Rebor
in 4"x4" Conc,
N LEGEND
Survey Faind I hereby certify that this land swaying
Fnd Section Corner A doament win prepared and the related arvey
Fnd IDOT R.O.W.Rail = work son performed by se or undr iy direct
Fnd Monument as Noted waaal a vrvtslan and that I as a duly
Section Line licensed Lad Strveyor uMr the lave qlf"Is
action Line
1/4 1/4 S Section line ___ `�SQ,O LAND s&, State of low. �(\
Centerline ....... v QD
Easement Line ------- TERRY Terry oS(iy. r Date
COADY �QC to a Nu a 18643
0 200 18643 lA Li a Renewl Date Is Dec~31.2011
Pollees or sheets covered by this seal:
Sheet 1 of 1
SCALE (FEET)
STORY COUNTY- PARCEL RS19 OHM 1 aF 1
CITY OF AMES TRANSMISSION LINE EASEMENT PLAT PR 104 TLC
PAk TLC
SNYDER &ASSOCIATES 501 S.W.ORALABORROAD DATE: 03/11/2010
Engineers and Planners ANKEW,,IAW=1(515)964-M TECR SGK
J:\ 04_rolecla\ 4. A\add\asement Plats 19.eos
3/24/2
EASEMENT PLAT
NW Coner
1----Fnd
Sec.32r 23 EXHIBIT "A"1" Iron
Bar
I
—Point of Terminus
1
1
1
1
37.50' Transmission Line Easement I
' I
I � I
1
1
i
1
i ParcelRS20
' 1/2 Interest to Flora M. Freeland-Life Estate and
Fi Remainder in equal shares to
i tc Esther Ann Johnsen, Diane Kay Hostetter,
0I 1rn Mark Sydnes Freeland and Margaret Foy Nelson
1/2 Interest to Flora M. Freeland, as Trustee I
tom,° 1 of the Flora M. Freeland Revocable Trust I
'N
W IN I
i z Ft 5W 32 82-23 Description Transmission Line Easement
o ' Se That part of the Southwest 1/4 of the
ZI 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: I
Commencing at the West 1/4 corner I
' of said Section 32; thence North I
Point of Beginning 00`27'22" East along the west line of
�. 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
"> W24�A, NW6�4 37.50 feetEtotthe Pointsaid
of Benorth
ggnnline, I
M SIN g2 23 thence North 00*27'22" East, I
feet to a point on the north line of I
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.
N LEGEND
$t 41L Esl W I hereby certify that this land surveying
Fnd Section Corner ♦ downent was prepared and the related survey
Fnd IDOT R.O.W.Rail 'j work was perfareed by 0 or under aq direct
Fnd Monument as Noted personal supervision and+at I an a duly
Section Line licensed Lod Surveyor Ilidar The lase dF the
1/4 Section Line --- �r�F,g LAND w
`` State of la . V\
1/4 1/4 Section line ----- f
Centerline v 4P
Nqx
Easement Line ------- TERRY Ter4yoNd�7y, Date
COADYtu\}pe 043
0 200 18643 t�LRenswl Dare la Dec~31.2011
I Pages or sheets covered by this seal:
L—=� Sheet 1 of I
SCALE (FEET)
STORY COUNTY- PARCEL RS20 SHEET 1 of 1
CITY OF AMES TRANSMISSION LINE EASEMENT PLAT PN' 104.0899A
Pitt TLC
SNYDER &AssOCIATE5 501 S.W.ORAI.ABORROAD DATE: 03/11/2010
Engineers and Planners ANKENY,IA50021(515)9l TECH: SG
Jz\2 4_roiecls\ID4. 9 A\add\osementPlatsqM.eas
3/24/2D10
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