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HomeMy WebLinkAboutA001 - Easement dated June 29, 2010 (superseded) Instrurent:2012- 00003395 fl Date:Apr 03,2012 01:53:24P 0 Rec Fee: 20.00 E-Cos Fee: 1.00 GZ Aud Fee: .00 Trans Tax: .00 Rec flana9eNient Fee: 1.00 Non-standard Pose Fee: .00 Filed for record in Stay County, Iowa Susan L. Vande Kaspi 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 TRANSMISSION LINE EASEMENT (With Survey Exhibit) KNOW ALL MEN BY THESE PRESENTS: that Barilla America, Inc., an Illinois corporation (collectively the"Grantor"), is the owner of the land situated in the County of Story, Iowa described on Exhibit A attached hereto and designated thereon as"Grantor's Land" (the "Grantor's Land"). In consideration of the sum of One Dollar($1.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Grantor does hereby grant, warrant and convey unto City of Ames, Iowa, a Municipal Corporation, its successors and assigns,the perpetual rights, privileges and easements hereinafter set forth, through, over, under and across(A)that part of the Grantor's Land described on Exhibit A attached hereto and designated thereon as the"Easement Parcel", together with any streets, roads or highways adjacent thereto(the"Easement Parcel") and (B) adjacent portions of the Grantor's Land. Grantor hereby grants, warrants and conveys unto the City of Ames the following perpetual rights, privileges and easements through, over, under and across the Easement Parcel: 1. The right to enter upon the Easement Parcel immediately upon execution hereof and at any time and from time to time thereafter for the purposes hereinafter set forth. 2. The right to construct, operate, repair, maintain, use, rebuild, relocate, add to, remove and replace, overhanging the Easement Parcel and in or upon any streets, roads or highways which may be within or abutting the Easement Parcel, electric transmission lines, electric distribution lines and communication lines, with all towers, structures, poles, crossarms, cables, wires, guys, supports, counterpoises, transformers, splice boxes, conduits, and other fixtures and devices used or useful in the operation, maintenance and use of said lines. 3. The right to erect, at any time prior to the construction of the said transmission lines, reasonable signs for the purpose of locating the boundaries of this easement. 4. The right from time to time to reconstruct or relocate on the Easement Parcel said lines and supporting structures with changed dimensions and to operate at increased or decreased voltages or to add additional lines. 5. The right to permit the attachment and maintenance of wires of others to the structures supporting said transmission lines or to new structures constructed for such joint use. Grantor also hereby grants, warrants and conveys unto the City of Ames, Iowa the following perpetual rights, privileges and easements through, over, under and across the Easement Parcel and, to the extent applicable, the portions of the Grantor's Land adjacent thereto: 1. The right of reasonable access to the Easement Parcel across the Grantor's Land adjacent thereto, said access to be designated by Grantor within a reasonable time upon request by City of Ames, Iowa. (,(p -)0 15 -f e rjB k) W0141 . G/24 f 2. The right from time to time to enter upon the Grantor's Land to survey for and locate said lines. 3. The right from time to time to cut down, trim, control the growth of or eliminate by mechanical means, such trees, shrubbery and other plant growth under or adjacent to said lines, as it deems appropriate to properly operate and maintain said lines and other facilities located on the Easement Parcel and to eliminate present or future hazards thereto (collectively the "Trimming Rights"). Grantee will not use chemical means to control growth or eliminate such trees, shrubbery and other plant growth under or adjacent to said lines. City of Ames, Iowa shall have the right to assign, transfer, apportion, divide, license, lease or otherwise set over the rights, privileges and easements herein granted. Grantor covenants with City of Ames, Iowa, its successors and assigns, that Grantor is the owner of the above described premises and has the right to grant, sell and convey these rights and easements in the manner and for the purposes aforesaid, subject only to existing, recorded easements and rights-of-way for highways, roads, railroads, pipelines, ditches, other electric transmission lines and telegraph and telephone lines heretofore granted and of record. Grantor reserves the right to cultivate, use and occupy said Easement Parcel so long as such use does not interfere with the exercise by City of Ames, Iowa of the rights granted herein, except that Grantor shall not alter the existing ground elevation of the Easement Parcel by more than one (1)foot from its present elevation or erect any structures or other objects, permanent or temporary, (hereinafter called "improvements") on the Easement Parcel without the express written approval of City of Ames, Iowa. No fences, gates, signs or other attachments of Grantor shall be attached to the supporting structures. If City of Ames, Iowa shall approve erection of any improvement, such improvement shall not, and such approval shall not be construed to authorize the erection of any improvement which would impair the structural or electrical integrity of said transmission, distribution or communication systems or any other lines attached to the structures or result in a ground or structure clearance of less than the minimum requirements specified by the National Electrical Safety Code as then in effect. -2- Grantor further agrees that he will not perform any act which will interfere with or endanger said transmission, distribution or communication lines and further, shall not plant any trees upon the Easement Parcel without prior express written approval from City of Ames, Iowa. City of Ames, Iowa shall pay for all damages to landscaping, roads and driveways, fences, crops and fields caused by the construction or maintenance of said transmission lines other than damage caused by exercise of the Trimming Rights. This instrument shall be binding upon Grantor, its, his, her or their respective successors, heirs and assigns, the Easement Parcel and the Grantor's Land. It is mutually understood and agreed that this instrument covers all the agreements and stipulations between the parties and that no representation or statements, verbal or written, have been made modifying, adding to or changing the terms hereof. IN WITNESS W_gFREOF, the undersigned have caused this instrument to be duly executed as of the day of �GtK-L— , 2010. Barilla America, Inc., an Illinois corporation By: , Its: .•� STATE OF�WA- ) ) ss COUNTY OF SleY ) On this c day of�, 2010, efore me, a notary public within and for said County and State, personally appeared Ah/' � 4 ,r Dj rg&6ey - IS of Barilla America, Inc., an Illinois corporation, to me known aWrgacknowledged that he/she/thej executed the foregoing instrument as his/her/their free act and deed. BUDAM tary Public RCOwM�ONp�NCr. This instrument was drafted by: ProSource Technologies, Inc. 9219 East River Road NW Coon Rapids MN 55433 -3- • I EASEMENT EXHIBIT EXKBIT "N' I i ►� pat'�o� ��o9A �� ! Parcel43 t ,, .�: brit Arnorice Inc. 0 .r PPalm « Aro, � v + �aI TM11iUM a« Soo '' rG. y3 'ti'32"W b,� M*11132'E R.O.W.Varies _ East Lincoln Way lod 't3 r►srecil' s ----t jtcu*Mnt &*+Anq EaoTant Description Area A A part of Mhs Southeast V4 and 4 Par! f Parcel"!" es shown on the Plat of Sur" recorded In 894 04 10 and In part o!s Southeast V4 end Port of the East V2 of the SoutMnst f roctAu+dV4 of Section 6.Township N North.Range 23 West of fM 6th P.M. Story County,Iowa and beinq north of the cwrently astabIshod north right-of-way in of Eest tin W Way and south of the (viewing described lino= C the Southwest Corw of said Par¢¢sl"6"n Thence North O'Y6'S6" West�1s� tM ' west Ins o sold Parcel"11",20.03 feet to the Point of Seqq Thence South 6fi,'2f'2!"East. 946.64 feet=Thence !forth 66'i6'32"fast,approximately 6�fast to o Point on said north ridht-of-way and to the Point of amino@.0escrbed easement contains 0.54 Acres (23,423 S. .),more or teas. Area A part of Parcel"!" a shown en the Piet f Surrey recorded ih bolt ����yy,,Pop 16 @r►d In the Southeast V4 and Per!of the Eeat V of the Southwsst iroctorhalV4 of Beaten Town@/hiD 63 North,ttange 23 West of the Sth P.M. Story County,Iowa and being north of the arrentt9r establOW north right-ol-way fine of East Lincoln Way and @oath of the folowing dos=W h Comraonei� at the Southeast Corner of said Porcol"IM Thence North 0'25'22" ant t+o 006E 6 0 sold Parcel"6",00.02 feet to the Point of 600v*gh Thence South '16'3 q approximately 540.11 feet too t on add north right-of-way Ine and to the Point of Tar . i Doscrbed eosoment contains 0.23 Acres (10,229 S.F.).more or less. mom t i t am 0 400 s fat , u» === SCALE drUT) STORY COUNTY-PARCEL 43 CITY OF AMES TRANSMISSION LINE EASEMENT MIBBT FA ,1°41725 i © SNYDKR &AssociAT[s IN MCMLAa0RAW VAR 04/ WID t Moom and Pin nm AM NMrs1 gi4gN400M me Joe 111 i