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HomeMy WebLinkAbout~Master - Electric Line - Larson and Heintz - Parcels RS19 and RS20 t Instrurent:2012- 00012458 M Date:Oct 18,2012 11:45:43A D Rec Fee: 25.00 E-CoM Fee: 1.00 G Aud Fee: .00 Trans Tax: .00 Rec Manaserent Fee: 1.00 Won-Standard rage Fee: .00 Filed for record in Story County, Iowa Susan L. Vande Kama► County Recorder RETURN T :City Clerk,City of Ames,P.O.Box 811,Ames,Iowa 50010—Of Prepared by: Lyndon Cook,Electrical Engineering Manager,City of Ames CITY OF AMES EASEMENT FOR ELECTRIC LINE Tract No.RS 19-20 State of Iowa,County of Story EASEMENT The undersigned owner(s), Leonard A. Larson and Jacqueline Sue Larson, husband and wife, and Peter W. Heintz and Christine M. Heintz, husband and wife, hereinafter referred to as "Grantor", in consideration of the sum of One and 00/100 Dollars 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", 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 CPO, 5) This easement grant is for the purposes of constructing, reconstructing, patrolling, operating, maintaining and removing one 161,000 volt(161 kV)electric line 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,owned by the City of Ames,such line 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 Easement,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. Such ingress and egress rights shall be at such locations as agreed Pagel of 3 upon between the Parties,utilizing any existing gates or openings. Grantor shall be provided advance notice of such ingress, to the extent the same can be reasonably provided, except in an emergency situation. All construction shall be completed in a good and workmanlike manner and in accordance with applicable laws, rules, regulations, and standards. No chemical pesticides or herbicides will be utilized within the easement area;internal pole treatment is exempted from this prohibition. The City of Ames shall indemnify and hold Grantor harmless from any claims or causes of action arising out of the use of the easement area, including but not limited to any claims related to environmental contamination. The City of Ames shall ensure that it, and any contractors or agents utilized by the City of Ames,maintains appropriate general liability insurance. 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.Any crop damage payments shall be calculated based upon the Crop Damage agreement to be executed by the Parties. 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 Grantor shall not cause any structure or object, permanent or temporary, to be erected within the easement area that may interfere with the transmission line;no wells shall be drilled within the easement area; no storage of materials of any kind, other than on a temporary basis as part of normal farming operations, shall be allowed in the easement area; and no ground elevation changes (other than in ordinary farming operations) shall be made on the easement area without the written consent of the City of Ames,which consent shall not be unreasonable withheld. In addition,no brush or flammable materials shall be deposited or accumulated or burned upon said easement area, and no act shall be performed by Grantor 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,its employees,contractors,representatives,agents,and assigns,while exercising any of the rights granted herein shall be paid by the City of Ames to the party damaged. Any crop damage payments shall be calculated based upon the Crop Damage agreement to be executed by the Parties. IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement as of the day and year first above written. Owner(s): Leonard Larson JAcquelbe Sue Larson Peter W.Heintz Christine M.Heintz Page 2 of 3 STATE OFrr./rCl ) ss COUNTY O ) On the�day of JC"to C.,t ,2012,before me personally appeared Leonard A. Larson and Jacqueline Sue Larson, 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 blic My Commission Expires: STATE OF ' D�y-&_ ) ss COUNTY OF ) 01 On the day of &6�6V ,2012,before me personally appeared Peter W. Heintz and Christine M. Heintz, 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 Kklic My Co mission Expires: -a 7- Page 3 of 3 EASEMENT PLAT NW Corner Sec. 32-82-23 EXHIBIT "A" Fnd 1" Iron Bar a�N89°57'35"E 37.50' Hlghwoy 210_ I i Point of Beginning Roadway Easement Varies I i L L i L L i Parcel RS19 1/2 Interest to Flora M. Freeland-Life Estate and L Remainder in equal shares to i Esther Ann Johnsen, Diane Kay Hostetter, a, Mark Sydnes Freeland and Margaret Fay Nelson un 1/2 Interest to Flora M. Freeland, as Trustee N of the Flora M. Freeland Revocable Trust ,M °)I 1� NN1/4 g2.23 N Sec 32 Transmission Line Easement Description N 1 o That part of the Northwest 1/4 of the cli cn Northwest 1/4 of Section 32, Township N 82 North, Range 23 West of the 5th o ; P.M., Story County, Iowa,lying south o of existing roadway easement and i west of the following described line: ' 37.50' Transmission Line Easement , Commencing at the Northwest corner of said Section 32; thence North i 89°57'35" 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 Beginning; thence South 00a27'22" West, 1329.59 feet to a point 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.32-82-23 Fnd 1/2" Reba in 4..x4' Conc. N LEGEND Slm9V Found I hereby certify That This land slrveyinq Fnd Section Corner dpumnt vos prepared and the related survey Fnd IDOT R.O.W.Rail z cork vas performed by me or under my direct Fnd Monument as Noted Dersanol supervision and that I am a duly Section Line licensed Land Surveyor under LAND }he IONS pf The �I\ 1/4 Section Line --- �S{,0 SDq` State of lova. 1/4 1/4 Section line ---- `� Centerline Easement Line ------- TERRY Terry Coa" y. Date CDADY \� atc s Nu er 0 200 18643 Li nse Renewal Dotteo is Decenber 31, 2011 Pages or sheets covered by this seal: Sheet 1 0l 1 SCALE (FEET) STORY COUNTY- PARCEL RS19 SHEET 1 OF 1 CITY OF AMES TRANSMISSION LINE EASEMENT PLAT PN: 104.0899A PR TLC SNYDER &ASSOCIATES 501 S.W.ORALABORROAD DATE: 03/11/2010 Engineers and Planners ANKENY,IA50021(515)954.2020 TECH: SGK d�\2004-Projects\104.0899A\Codd\Easement Plats\RS19.eas 3/24/2010 SGK Q�e y aa EASEMENT PLAT I �NW Corner II Sec.3z Bn 23 EXHIBIT A Fnd 1" Iron Bar I Point of Terminus 1�1 t i 37.50' Transmission Line Easement I ' I I � I ParcelRS20 ' 1/2 Interest to Flora M. Freeland-Life Estate and � Remainder in equal shares to i Esther Ann Johnsen, Diane Kay Hostetter, Mark Sydnes Freeland and Margaret Fay Nelson �I 1/2 Interest to Flora M. Freeland, as Trustee I N w of the Flora M. Freeland Revocable Trust L CV w ,N I N ,'o P�,SW 32-g W23 Descrlptio on Line Easement c3 Z Sec That port of the Southwest 1/4 of the l 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 i 00°27'22" 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 S89°45'57"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 o Northwest 1/4; thence South 5' 34 89a45'57" East along said north line, 0 536 Lo Sw�ec.32Ng2!23 37.50 feet to the Point of Beginning; thence North 00°27'22" East, 966.70 1 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" Rebor in 4''x4' Conc. N LEGEND Ste( Found I hereby certify that this Io'd surveying Find Section Corner document was Dreoored and the rel oted survey Fnd IDOT R.O.W.Roil j '.ark was performed by me or under my direct Find Monument as Noted personal supervision and that I am a duly Section Line licensed Land Surveyor under the las df the 1/4 Section Line -- aSEO LAND Spq` State of Iowa. mil\ 1/4 1/4 Section line ---- \� `"!- Centerline ------- �9 Easement Line ------ TERRY Terry oozy. Date COADY \� 0 200 c s Re er 18643 Li nse Renewal Dateto is is Decertber 31.2011 Pages or sheets covered by this seal: Sheet tot 1 SCALE (FEET) STORY COUNTY- PARCEL RS20 SHEET 1 °F 1 CITY OF AMES TRANSMISSION LINE EASEMENT PLAT PH' 104.0899A PM: TLC SNYDER &ASSOCIATES 501 S.W.ORALABOR ROAD DATE: 03/11/2010 Engineers and Planners ANKENY,IA 50021(515)964-2020 TECH: SGK J,2004-PrajectsVO4.0899A\Cadd\Easement Plots\RS20.eos 3/24/2010 SGK po,Se5