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Home My WebLink About~Master - Transmission Line - Hach Chemical Company .I� Instrurent:2012- 00003396 li Date:Apr 03r2012 01:54:21P Q Rec Fee: 20.00 E-Cos Fee: 1.00 6 Aud Fee: .00 Trans Tax: .00 Rec hanosesent Fee: 1.00 Mon-Standard Page Fee: .00 Filed for record in Story Country Iowa Susan L. Vande Kamp County Recorder RETURN TO: City Clerk,City of Ames, P.O. Box 811,Ames, Iowa,50010 (mv) Prepared by: Lyndon Cook, Electrical Engineering Manager,City of Ames TRANSMISSION LINE EASEMENT (With Survey Exhibit) KNOW ALL MEN BY THESE PRESENTS: that Hach Chemical Company, an Iowa 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. 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 chemical spray or 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"). 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,�j�REOF, the un rsigned have caused this instrument to be duly executed as of the/`�� ay of , 2010. Hach Chemical Company, an Iowa corporation By: Its: �/ • STATE OF ss COUNTY OF �,�`�/� On this/J yyot-dzazy Of--.--*- f � , 2010, before me, a notary public within and for said County and State, personally appeared , jj"f rz71r V Vo%/k-a , Lvgt-Alli-VpS of Hach Chemical Company, an Iowa corporation, to me known and acknowledged that he/she/they executed the foregoing instrument as his/her/their free act and deed. MAMMM 'y'Af mz�—, " otarY Public �O/�IIaY�rll This instrument was drafted by: ProSource Technologies, Inc. 9219 East River Road NW Coon Rapids MN 55433 -3- i I I I EASEMENT EXHIBIT I EXHIBIT "A" 0 Porcel 60 C Hach Chemical Co. 0 > Q t„F„ cet„�;'t 1 Pofcs 4 9 at to IC C `ots f k st Ht+ ch`ot, O Pt'encer Add'bor`5271 Pbd SP Wti 2.OS and . 195, O lndvent N° 0 ZS04 2) m Pogo p Unstr v Z 20' Overhong Eosement 7-Ov'E S8 ' 313211E $0.4910911E N88 42 0811E 20.00' N47.22'16"W �j'01"w N83 33 53"W 26.10' '8 S88.42'08"W R.O.W. Varies W Corner Cor er o«N"F- East Lincoln Way �*��' " Overhang Easement Description The South 20.00 feet of Porcel"F" as shown on the Plot of Survey recorded in Instrument No.02-05527 and being in t of Lots 4 and 9 in Spencer's First i Am being Official in the City of Ames Industrial Addition to the City�++ of ea,be on 0 c of s , StoryCount Iowa and containing 0.42 Acres (18,186 S.F.). Y Y� 9 Lyli/ 0 200 sa car R.aw." Z .rM UWw"m M mud � V4 - v"U" -.._.. V4 Vi a.tpM ins �.._.-. SCALE (FEET) STORY COUNTY- PARCEL 60 Y OF AMES TRANSMISSION LINE EASEMENT EXHIBIT � 104,0111 Fit A-17325 CIT SNYDtR &AssocmTms 501&KOKMgM11140 CAM 04/20/10 En*mm and PWN%n AN O ,IA SMi(siq ee4.21M Tack Jec