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Home My WebLink About~Master - Transmission Line - Barilla America, Inc. Instrument:2013- 00003984 Date:Apr 1OP2013 10:22:O9A U Rec Fee: 15.00 E-Coe Fee: G Aud Fee: .00 Trans Tax: 1.00 Rec Management Fee: 1.00 .00 Hon-Standard Pose Fee: .00 Filed for record in Story Countyr Iowa Susan L. Vande Kamp, County Recorder C.ehA 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 EASEMENT FOR ELECTRIC LINE Tract No.S43 State of Iowa,County of Story OPTION AND EASEMENT The undersigned owner(s), Barilla America, Inc., an Illinois corporation, hereinafter referred to as "Grantor", in consideration of the sum of One Dollar, 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, 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 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 agreement,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 3 In consideration of such grant, the City of Ames agrees that Grantor will not be responsible for the cost for relocation of existing utility facilities which lie in the easement area and that are required to be relocated as a result of the construction of the Grantee's electric line. The City of Ames 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. 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. This agreement replaces and supersedes the previous easement agreement between the parties for the dated June 296,2010 and recorded as Documents No.2012-00003395. IN WITNESS WHEREOF, the parties hereto have executed this Option and Easement Agreement as of the day and year first above written. Barilla America,Inc.: By Larry vington Zl Its: Plant Senior M a r STATE OF IOWA ) ss COUNTY OF STORY N/) On the K day of /�A-A-C 14 2013, before me personally appeared Larry Covington,the Plant Senior Manager of Barilla America, Inc., an Illinois corporation,known to me to be the person described in the foregoing instrument and acknowledged to me that he executed the same. DPP` Cs KEVIN BOILEAU o Public o � Comm issfor►pN0.757439 Z * C3 /7/ Zoires ,oW, My Commission Expires: 3�/71v�9/S page 2 of 3 ti EASEMENT EXHIBIT EXHIBIT ''A'' (cep„3" Lt7 P SSSw Parcel43 Pt' Sec-15 Pa9 18� N Barilla Americo Inc. 1B00k 4-1 o j I I (!1 I Point of Terminus L- jPoint Area oA Beginning Area "B" Paint of SE1�4 SE1f 41 i i O Point of Terminus Beginning CV Pz SE1/423 p Area "A' o Areo S86°21'29"ESec 6 g3 N N88°18'32"E S88°18'32"W 80.0'221'E 94684_ —650.12' _� 540.16__ j -- R.O.W. Vories so.00 so:oo' —.. � . � '—"—'——"—"———— S88°18'32"W 2633.03' SE Corner 30' Parcel"B" S 1/4 Corner East Lincoln Way Sec.6 83-23 LOLn Fnd Cut "X" SE Corner o Sec.6-83-23 o sw corner ---- =North Limits of Easement Fnd Noil O Par cel"B" z Easement Description Area A A part of the Southeast 1/4 and a part of Parcel"B" as shown on the Plat of Survey recorded in Book 15, Page 18 and being in port of said Southeast 1/4 and part of the East 1/2 of the Southwest Fractionol 1/4 of Section 6, Township 83 North, Range 23 West of the 5th P.M., Story County, Iowa and being north of the currently established north right-of-way line of East Lincoln Way and south of the following described line: Commencing at the Southwest Corner of said Parcel"B"; Thence North 0°25'56" West along the west line of said Parcel"B", 20.05 feet to the Point of Beginning; Thence South 86°21'29" East, 946.84 feet; Thence North 88°18'32" East, approximately 650.12 feet to a point on said north right-of-way line and to the Point of Terminus. Described easement contains 0.54 Acres (23,423 S.F.), more or less. Area 6 A port of Parcel"B" as shown on the Plat of Survey recorded in Book 15, Page 18 and being in the Southeast 1/4 and part of the East 1/2 of the Southwest Fractional 1/4 of Section 6, Township 83 North, Range 23 West of the 5th P.M., Story County,Iowa and being north of the currently established north right-of-way line of East Lincoln Way and south of the following described line: Commencing at the Southeast Corner of said Parcel"B"; Thence North 0°25'22" East along the east line of said Parcel"B", 80.02 feet to the Point of Beginning; Thence South 88°18'32" West, approximately 540.16 feet to a point on said north right-of-way line and to the Point of Terminus. Described easement contains 0.23 Acres (10,229 S.F.), more or less. N LEGEND Survey Found 0 400 Fnd ]DOT R.O.W.Roil z Fnd Monument as Noted Section Line ----- 1/4 Section Line ----- 1/4 1/4 section line - - - centerline . ... . SCALE (FEET) Easement Line ———— STORY COUNTY- PARCEL 43 SHEET 1 OF 1 CITY OF AMES TRANSMISSION LINE EASEMENT EXHIBIT FN: 10N: A-17251725 SNYDER &ASSOCIATES 501 S.W.ORALABOR ROAD DATE: 03/11/13 Engineers and Planners ANKENY,IA 50021(515)964-2020 TECH: SGK D:\104.0899A Ankeny to Ames Transmission tine\tory Pwc 0 s n/2 SGK P�e�