HomeMy WebLinkAbout2024-07-01 I01I Electric Easement_815 NW 20th StAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: July 1, 2024
AGENDA ITEM:Consideration of approval of a resolution approving MidAmerican Energy
Company Electric Easement [815 NW 20th Street]
FORMAT:Consent Agenda
SYNOPSIS INCLUDING PRO & CON: This easement will allow MidAmerican Energy crews
access to City owned property to provide a 3-Phase electrical service to the
NW Public Safety Site
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve Resolution
ATTACHMENTS: I. Easement
PREPARED BY: Sara Kappos
REVIEWED BY:Sara Kappos SKK
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I1I
THE CITY OF WAUKEE, IOWA
RESOLUTION 2024-
APPROVING MIDAMERICAN ENERGY COMPANY ELECTRIC EASEMENT
RELATED TO NW PUBLIC SAFETY SITE [815 NW 20TH STREET]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, it has been determined that MidAmerican Energy Company Electric Easement is
necessary to provide 3-Phase electrical service to the NW Public Safety Site; AND,
WHEREAS, said easement shall be located on a portion of the property owned by the City of
Waukee and legally described as referenced in Exhibit A, Easement Area, of the Electric
Easement which is attached hereto.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa,
that the Electric Easement between MidAmerican Energy Company and City of Waukee [815
NW 20th Street] are hereby approved.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute any and all
documents to effectuate the closing on behalf of the City, and that the City Clerk shall cause
the originals of the Easements to be recorded upon the properties by submitting the original to
the Dallas County Recorder with the appropriate recording fees.
Passed by the City Council of the City of Waukee, Iowa, and approved the 1st day of July, 2024.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Rob Grove
Ben Sinclair
Prepared by and return to: Christin Erwin 515-252-6989
MIDAMERICAN ENERGY ATTN: RIGHT-OF-WAY SERVICES PO BOX 657 DES MOINES, IA 50306-0657
MIDAMERICAN ENERGY COMPANY
ELECTRIC EASEMENT
This MidAmerican Energy Company Electric Easement (this “Easement”) is made this ___ day of
, 2024, by and between City of Waukee, an Iowa Municipal Corporation, (“Grantor”), and
MIDAMERICAN ENERGY COMPANY, an Iowa Corporation, its successors and assigns (“Grantee”)
(individually referred to at times as “Party”, or collectively the “Parties”).
RECITALS
WHEREAS, Grantor is the owner of the property legally described as:
Parcel 18-112 of the SW ¼ of the SW ¼ of Section 20 in the N ½ of the NW ¼ of Section 29, all
in Township 79 North, Range 26 West of the 5th P.M., City of Waukee, Dallas County, Iowa.
WHEREAS, Grantor desires to grant to Grantee an electric easement to be located on a portion
of the Property and Grantee desires to accept the easement on the following terms and
conditions.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
1. Electric Easement. Grantor does hereby establish, give, grant, and convey to Grantee a perpetual,
non-exclusive easement under, upon, through and across the Easement Area, described on Exhibit
A attached hereto, to construct, attach, reconstruct, operate, maintain, inspect, replace or
remove electric supply line(s) for the transmission and distribution of electric energy and for
communication and electrical controls, including other reasonably necessary poles, wires, conduit,
duct, transformers, switching equipment, measurement and monitoring equipment, guys, guy stubs,
anchors, ground rods, and further including other reasonably necessary equipment incident thereto
(collectively “Facilities”), together with the right to survey the Property and the right of ingress and
egress to and from same and all the rights and privileges incident and necessary to the enjoyment of
this Easement. Additionally, if Grantor provides or installs duct or conduit for said Facilities, this grant
State of Iowa
Folder No. 126910 County of Dallas
Work Req. No. 3208147 Section 29
Project No. A1145 Township 79 North
Range 26 West of the 5th P.M.
1st
July
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Ver EE TB 12-6-23
shall cover and include all Facilities installed as a part of the Easement Area
2. Erection and Placement of Structures, Obstructions, Plantings or Materials Prohibited. Grantor
shall not construct or place any permanent or temporary buildings, pavement, hardscape, structures,
fences, trees, plants or other objects on or within the Easement Area without prior written permission
from Grantee indicating that said construction or placement will not result in inadequate or excessive
ground cover, or otherwise interfere with the Grantee’s rights to operate and maintain its Facilities, nor
shall Grantor cause or permit any obstruction or material to be placed on or within the Easement Area
without prior written permission from Grantee. No brush, vegetation or other flammable materials shall
be deposited, placed, accumulated, or burned within the Easement Area. Subject to the rights of
Grantee granted in this Easement, Grantor shall have the right to cultivate, use, and occupy the
Property.
3. Change of Grade Prohibited. Grantor shall not change the grade, elevation or contour of any part
of the Easement Area without prior written consent from Grantee, nor shall Grantor place or install any
rocking, paving or other hardscape materials in the Easement Area without prior written consent from
Grantee. Grantee shall have the right to restore any changes in grade, elevation or contour without
prior written consent of Grantor.
4. Violations by Grantor. In the event Grantor, its successors, assigns, contractors, employees, or
agents violates Section 2 or 3 above or otherwise commits an intentional or negligent act, which results
in damage to Grantee’s Facilities or the Easement Area, Grantor shall be solely responsible for all
costs associated with the repair, reconstruction, replacement, and/or work to the Easement Area and
Grantee’s Facilities.
5. Right of Access and Removal. Grantee shall have the right of access to the Easement Area and
have all rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement
Area from property adjacent thereto. Grantee shall have the right to remove, trim, spray, or cut down
any unauthorized fences, hardscape, structures, trees, shrubs, branches, saplings, brush, vegetation,
or other obstructions within, upon, across, along, adjacent to and overhanging the Easement Area that
may interfere with the proper construction, maintenance, operation or removal of Grantee’s Facilities.
6. Property to be Restored. Grantee shall repair or pay for any damage which may be caused to crops,
fences, or other property, real or personal of the Grantor by Grantee’s construction, reconstruction,
maintenance, operation, replacement or removal of Grantee’s Facilities (except for damage to property
placed subsequent to the granting of this easement). For any such repairs required to be made by
Grantee hereunder, Grantee agrees to repair such damaged property to the approximate condition of
such property existing immediately before being damaged, to the extent reasonably practicable. The
cutting, recutting, trimming and removal of trees, branches, saplings, brush or other vegetation on or
adjacent to the Easement Area is expected and not considered damage to the Grantor.
7. Easement Runs with the Land. This Easement shall be deemed perpetual and to run with the land.
All provisions of this Easement, including benefits and burdens, shall run with the Property and are
binding upon and inure to the heirs, assigns, successors, tenants, and personal representatives of the
Parties hereto.
8. Grantor Certification. Grantor certifies that it is not acting, directly or indirectly, for or on behalf of
any person, group, entity or nation named by any Executive Order or the United States Treasury
Department as a terrorist, “Specially Designated National and Blocked Person” or any other banned
or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is
enforced or administered by the Office of Foreign Assets Control; and are not engaged in this
transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Grantor hereby
agrees to defend, indemnify and hold harmless Grantee from and against any and all claims, damages,
losses, risks, liabilities and expenses (including attorney’s fees and costs) arising from or related to
any breach of the foregoing certification.
3
Ver EE TB 12-6-23
9. Severability, Choice of Law and Waiver. Each of the provisions of this Easement shall be
enforceable independently of any other provision of this easement and independent of any other claim
or cause of action. In the event of any matter or dispute arising out of or related to this easement, it
is agreed between the parties that the law of the jurisdiction and location where this easement is
recorded (including statute of limitation provisions) will govern the interpretation, validity and effect of
this easement without regard to the place of execution or place of performance thereof, or any conflicts
or law provisions. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES
HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF LITIGATION
DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS
EASEMENT. EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN
WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL
CANNOT BE OR HAS NOT BEEN WAIVED.
10. Dower, Homestead, and Distributive Share. Grantor hereby relinquishes all rights of dower,
homestead and distributive share in and to the Easement Area and waives all rights of exemption as
to any of the Easement Area. Grantor understands that homestead property is in many cases
protected from the claims of creditors and exempt from judicial sale; and that by signing this easement,
Grantor voluntarily gives up any right to this protection for the Easement Area with respect to claims
based upon this Easement.
11. IRS W-9 Form. Prior to any payments referenced herein being made, Grantor is required to submit
a fully executed IRS W-9 form to Grantee. Grantor’s failure to submit a fully executed IRS W-9 form
shall not impact any other provisions or obligations under this Easement.
12. Fee Simple. Grantor warrants to Grantee that Grantor holds title to the Easement Area in fee simple
and Grantor has good and lawful authority to grant the rights provided in this Easement.
13. Headings and Captions. The titles or captions of sections and paragraphs in this Easement are
provided for convenience of reference only and shall not be considered a part hereof for purposes for
interpreting or applying this Easement, and such titles or captions do not define, limit, extend, explain
or describe the scope or extent of this Easement or any of its terms or conditions.
14. Counterparts. This Easement may be executed in two (2) or more counterparts, each of which shall
be deemed an original for all purposes and all of which together shall constitute one and the same
instrument. Parties may sign and deliver this Easement by facsimile, electronic, or PDF signatures,
each such signature to be treated as an original.
15. Entire Agreement. It is mutually understood and agreed that this Easement covers all of the
agreements and stipulations between the parties and that no representations or statements, oral or
written, have been made modifying or changing the terms hereof.
Signature Page Follows
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Ver EE TB 12-6-23
IN WITNESS WHEREOF, this Easement is executed as of the date first above written.
Dated this day of , 2024
City of Waukee, an Iowa Municipal Corporation
Signed:
Printed:
Title:
ACKNOWLEDGMENT
STATE OF )
) ss
COUNTY OF )
This record was acknowledged before me on , 2024,
by as of
City of Waukee, an Iowa Municipal Corporation.
Signature of Notary Public
1st July
Courtney Clarke
Mayor
IOWA
DALLAS
July 1
Courtney Clarke Mayor
Scale: 1" = 400'Address: 815 NW 20th Street
City: Waukee State: Iowa Folder:
DR#
Date: May 14, 2024
Sec 29, T 79N, R 26W
Customer: City of Waukee
Job Desc: Waukee Public Safety Building
EASEMENT DESCRIPTION:
AN UNDERGROUND ELECTRIC EASEMENT DESCRIBED AS FOLLOWS:
A PARCEL OF LAND LOCATED IN PARCEL 20-22 OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
29, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, AS RECORDED IN BOOK 2020, PAGE 10061,
NOW INCLUDED IN AND FORMING A PART OF THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 29, THENCE SOUTH 89° 40' 41" EAST, 747.65 FEET ALONG THE SOUTH LINE OF SAID PARCEL 20-22 TO THE POINT
OF BEGINNING; THENCE NORTH 00° 00' 00" EAST, 243.07 FEET; THENCE SOUTH 90° 00' 00" WEST, 145.07 FEET; THENCE
NORTH 00° 00' 00" EAST, 42.74 FEET; THENCE NORTH 90° 00' 00" EAST, 10.00 FEET; THENCE SOUTH 00° 00' 00" EAST, 32.74
FEET; THENCE SOUTH 90° 00' 00" EAST, 135.07 FEET; THENCE NORTH 00° 00' 00" EAST, 371.21 FEET; THENCE NORTH 53° 13'
55" EAST, 188.31 FEET; THENCE NORTHWESTERLY A DISTANCE OF 630.91 FEET ALONG THE ARC OF A NON-TANGENT CURVE
CONCAVE NORTHEASTERLY WITH A CENTRAL ANGLE OF 01° 34' 16", ALONG A 23,008.31 FOOT RADIUS WITH A CHORD THAT
BEARS NORTH 35° 58' 13" WEST, 630.90 FEET; THENCE SOUTH 89° 40' 57" EAST, 12.28 FEET; THENCE SOUTHEASTERLY A
DISTANCE OF 633.50 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WITH A CENTRAL
ANGLE OF 01° 34' 42", ALONG A 22,998.31 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 35° 59' 29" EAST, 633.48 FEET;
THENCE SOUTH 53° 13' 55" WEST, 193.30 FEET; THENCE SOUTH 00° 00' 00" WEST, 619.32 FEET TO SAID SOUTH LINE; THENCE
NORTH 89° 40' 41" WEST, 10.00 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 16,226 SQUARE FEET OR 0.37 ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS
OF RECORD.
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE REFERENCED TO NAD83(2011) IA SPCS SOUTH
ZONE, US SURVEY FOOT.
PARCEL LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN A PORTION OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 79 NORTH, RANGE
26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 29; THENCE SOUTH 89° 40' 54" EAST ALONG THE NORTH LINE
OF SAID SECTION 29, 512.79 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE RACCOON RIVER
VALLEY TRAIL (FORMERLY THE MINNEAPOLIS & ST. LOUIS RAILROAD); THENCE SOUTHEASTERLY 1664.40 FEET ALONG A
22968.31 FOOT RADIUS CURVE TO THE LEFT AND SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, SAID CURVE HAVING A
CHORD WHICH BEARS SOUTH 37° 06' 13" EAST FOR 1664.04 FEET, TO THE SOUTH LINE OF THE NORTH HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 89° 40' 29" WEST ALONG SAID SOUTH LINE, 1527.51 FEET TO
THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE
NORTH 00° 28' 15" EAST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 29, 1321.37 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 30.56 ACRES SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
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EXHIBIT A