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HomeMy WebLinkAboutA001 - Right of Way Agreement (Pipeline) M Form No. P514018 RIGHT OF WAY AGREEMENT Tract No. Revised [pIPELINE(S)] Draft No. Record Retention - Permanent. AGREEMENT, made this 1st day of August , 19 88 , between NORTHCREST, INC. , an Towa Corporation organized under the laws of the State of Iowa , with its principal place of business at Grantor, Ames , Story County, Iowa as being the owner of the following described lands, and IOWA ELECTRIC LIGHT AND POWER COMPANY, Grantee: WITNESSETH: That in consideration of$ 1 . 00 in hand paid by the Grantee to the Grantor,receipt of which is hereby acknowledged, Grantor does hereby grant and convey to Grantee, its successors and assigns,a right-of-way and easement with the right, privilege and authority to construct, reconstruct,maintain,operate,patrol and remove a pipeline or lines for the transportation of gas, steam and other substances,consisting of necessary fixtures,equipment and appurtenances used or useful for such purposes,together with the power to extend to any other party the right to use, jointly with the Grantee and pursuant to the provisions hereof, upon, over, under and across the following described lands located in the County of_- Story , and the State of Iowa: As found on Exhibit ''A" attached to this Right of way Agreement . INST NO. 01558 STORY COUNTY, IOWA FILED FOR AUG 26 1988 pm, SUSAN L VANDE KAMP, Recorder Recording Fee$ Auditor's Fee$ in accordance with the attached plat, hereby incorporated by this reference, together with all the rights and privileges for the full enjoyment or use thereof for the aforesaid purpose. Pipelines constructed as prescribed by rules governing same and all applicable statutes of the State of Iowa. The Grantor also grants to the Grantee the right of ingress to and egress from said pipeline or lines,over lands now owned by the Grantor, for the purpose of constructing, reconstructing, maintaining, operating, patrolling or removing said pipeline or lines, and the Grantee agrees to pay to the Grantor or his tenants,all damages done to the lands, fences, livestock or crops of the Grantor or his tenants, by the Grantee or its employees while constructing, reconstructing, maintaining, operating, patrolling, repairing or removing said pipeline or lines. If the parties do not agree, such damages shall be determined by the Township Trustees acting as a Board of Arbitration in said matter. This agreement shall be binding upon the parties hereto, their heirs, successors, or assigns, and continue so long as Grantee or its successors and assigns shall desire to use said pipeline or lines. The parties hereto agree that all payments made by virtue of this easement shall be paid to Northcrest , Inc . of as agent for the Grantors. Signed this 1st day of August , 1988 GRANTEE GRANTOR IOWA E C HT AND POWER COMPANY NORTJIGREST, INC.. By Right-Of-Way Agent By ack C . ensen allace *nde s rest ent By 6 Betty,% R. Benson Secretary STATE OF IOWA: ss: f COUNTY OF STORY On this 1st day of August 19 88 , before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Wallace Sanders and Betty R. Sanders to me known to be the identical person(s) named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. BOOK AZ4 Notary Public in and for said State and County PAGE —,... . 'L FOR THE LLE�GAL EFFECT OF THE USE OF THIS FORM- CONSULT YOUR LAWYER STATE OF IOWA, STORY COUNTY, ss: On this —day of August , A.D. 19 88 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Il14 2 z-0 E Wallace Sanders and be? T Y' ,�Scs�J to me personally known, who, being by me duly sworn did sa Betty R. to ll , y that they are the President and Secretary respectively, of said corporation executing the within and foregoing instrument to which this is attached. that no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said — / . sir a n d _C\ C 4 ,/ as such officers acknowledged the e4cutioA of said inst ojment t e voluntary act and deed of said corporation, by it and by them voluntarily e r' �,,,,, s"' SERE Q MI1pW)X IOWA STATE BAR ASSOCIATION Notary Public in and for said County and State. Official Form No. 12 rr—• m.r• *. ,•y,w, stow of ,• . ssss, This Printing May,1984 aN•fle^• sss.as •,,. sss.». o.w .. ,..,.� BOOK-•AZL-PAGE • EASEMENT DESCRIPTIONS Gas Main & Service Stub Lot 1 , Northcrest Subdivision to Iowa Electric Light and Power Company Ten (10) foot wide easements, across Lot One (1 ) , in Northcrest Subdivision, in the City of Ames, Story County, Iowa; Five (5) feet on each side of the following described centerlines : "Beginning at a point on the south line of said Lot 1 , which is S 88' 46' 46" W, 231 .24 feet from the Southeast (S.E. ) corner thereof; thence N 00* 15 ' 17" E, 145.39 feet; thence N 680 17' 43" W, 268.60 feet; thence N 42° 04' 17" W, 311 .34 feet; thence N 12° 59 ' 561' W, 333.51 feet; thence S 820 27 ' 05" W, 26.74 feet; thence N 270 02 ' 58" W, 44.48 feet; thence N 380 26' 37" W, 19.44 feet; thence N 08° 23 ' 53" W, 94.78 feet; thence N 69' 02 ' 26" W, 27.61 feet; thence N 22° 08 ' 34" E, 49.23 feet; thence Northwesterly, along a 75 foot radius curve, concave southwesterly, an arc distance of 79.80 feet (the long chord bears N 84' 39' 53" W, 76.09 feet) ; thence S 430 26' 37" W, 26.70 feet; thence N 65' 09' 16" W, 104.57 feet; thence N 020 47' 47" W, 12.31 feet (to a point designated "B" ) ; thence continuing N 02' 47' 47" W, 85.08 feet; thence S 890 43 ' 53" W, 16.87 feet; thence N 00' 16' 07" W, 117.08 feet along a line parallel with, and Five (5) feet East of, the west line of Lot 1 , to a point on the north line of Lot 1 , which is N 89° 05 ' 48" E, 5 .00 feet from the Northwest (N.W. ) corner thereof, and the Point of Ending. " AND "Beginning at a point designated "B" ; thence S 79° 14' 48" W, 26.05 feet to a point on the west line of Lot 1 , which is S 00' 16' 07" E, 206.77 feet from the Northwest (N.W. ) corner thereof, and the Point of Ending. " There was never any easement for this 4" Gas Main loop through the property, or for the service stub to the church. cl� '0*N�SG9L KMNETH D. JANSSEN 8136 * Kenneth D. Janss P.E. , L.S. EXHIBIT "A" BOOK -aV=--PAGE Lot 1 , Northcrest Subdivision City of Ames , Story County , Iowa Northcrest , Inc . 24 th. ST. a\ W Line of S1/2 of NWI/4 Sar 34-84.:P4 T 10, N OOD 16'07"W NTS 117.08, N02047'47"W 85.08' N02047'47"W S 89043'5 3"W 16.87' ..I. 12.3 S7901448"W ARC 79.80' 26.05' N22008'34"E N65009'16"W 49.23' 104.57" S 430 26'37" N080 23 53" W 26.70 94.78 N27002'58"W 44.48' N69c'J2'26" 27. 61 N380266'37 W 19.44' S82027'05"W N12059'56"W 26.74' 333.51 0 N42004'17"W 311.4 3' 0 CY 0 N 68 017'4 3 W cli 268.60 SE Cor. LOT 0 LOT I Cc N0015'17"E 5 145.39' 10, 20th. ST. A S Line of NWIZ4 Sec.34-84-24 0 C; 0 In 0 0 BOOK - PAGE \v �,`' R� a u —" W � r�� � � � � �y �� �, � N _ —. 6.1 =-, r -<t'- -v :�C= _ � rx� �` ��� �; � � � G'�