HomeMy WebLinkAbout2025-01-06 I01J Electric Easement_3rd St Elevated Storage Tank ReplacementAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: January 6, 2025
AGENDA ITEM:Consideration of approval of a resolution approving MidAmerican Energy
Company Electric Easement [3rd Street Elevated Storage Tank Replacement
Project]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: Approval of the Electric Easement is necessary to give
MidAmerican Energy Company the right to install facilities within the
easement area located on a City owned parcel to provide electrical service to
the new 3rd Street Elevated Storage Tank.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $0.00
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Resolution
I. Electric Easement
PREPARED BY: Lisa Bauman
REVIEWED BY: Rudy Koester RK
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I1J
THE CITY OF WAUKEE, IOWA
RESOLUTION 2025-
APPROVING MIDAMERICAN ENERGY COMPANY ELECTRIC EASEMENT
[3RD STREET ELEVATED STORAGE TANK REPLACEMENT]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee is a duly organized municipality within Dallas County; AND,
WHEREAS, it has been determined that an Electric Easement is necessary to give MidAmerican
Energy Company the right to install electric facilities within the easement area on a City owned
parcel as part of the 3rd Street Elevated Storage Tank Replacement Project located at 1255 3rd
Street in Waukee; AND
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa,
that the Electric Easement with MidAmerican Energy Company and City of Waukee [3rd Street
Elevated Storage Tank] is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute any and all
documents to effectuate the approval on behalf of the City, and that MidAmerican Energy
Company 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 this the 6th day of
January, 2025.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
R. Charles Bottenberg
Chris Crone
Rob Grove
Anna Bergman Pierce
Ben Sinclair
Prepared by and return to: ADAN MURILLO 515-992-5131
MIDAMERICAN ENERGY ATTN: RIGHT-OF-WAY SERVICES PO BOX 657 DES MOINES, IA 50306
MIDAMERICAN ENERGY COMPANY
ELECTRIC EASEMENT
This MidAmerican Energy Company Electric Easement (this “Easement”) is made this _____ day
of _________________, _____, 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:
A PARCEL OF LAND LYING ENTIRELY WITHIN AND FORMING A PART OF THE NE 1/4 OF
THE NW 1/4 OF SECTION 5, TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE 5TH P.M.,
NOW IN AND FORMING A PART OF THE 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 a portion of the Property as described on
Exhibit A attached hereto (the “Easement Area”), 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
State of IOWA
Folder No. 127754 County of DALLAS
Work Req. No. 3207133 Section 05
Project No. A1145 Township 78 North
Range 26 West of the 5th P.M.
6th
January 2025
2
Ver EE TB 12-6-23
Facilities, this grant 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
which violates the clearance requirements of the National Electrical Safety Code and/or the rules of
the Iowa Utilities Board. 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
4
Ver EE TB 12-6-23
IN WITNESS WHEREOF, this Easement is executed as of the date first above written.
Dated this ________day of _________________ , 20__
City of Waukee, an Iowa Municipal Corporation
Signed
Printed
Title
ACKNOWLEDGMENT
STATE OF )
) ss
COUNTY OF )
This record was acknowledged before me on , 20__, by
__________________________________ as _________________________________ of
City of Waukee, an Iowa Municipal Corporation.
Signature of Notary Public
6th January 25
Courtney Clarke
Mayor
IOWA
DALLAS
January 6 25
Courtney Clarke Mayor
Index Legend
City: WAUKEE
County: DALLAS
Geoparcel ID: 1605100035 & 1605202039
Description:
Proprietor: CITY OF WAUKEE
Surveyor: MURRAY B. BERTING
Company: SHIVE-HATTERY INC
Return To: 4125 WESTOWN PKWY, SUITE 100 WEST DES MOINES, IOWA 50266, PH: 515.223.8104 EXHIBIT 'A'
ELECTRIC EASEMENT BEING CONVEYED TO MIDAMERICAN ENERGY
UNIVERSITY AVENUE AREA IMPROVEMENTS PROJECT
PROPERTY OWNER:
CITY OF WAUKEE
1230 HICKMAN ROAD
WAUKEE, IA 50263
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING ENTIRELY WITHIN AND FORMING A PART OF THE NE 1/4 OF THE NW 1/4 OF SECTION 5, TOWNSHIP 78
NORTH, RANGE 26 WEST OF THE 5TH P.M., NOW IN AND FORMING A PART OF THE CITY OF WAUKEE, DALLAS COUNTY, IOWA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NW CORNER OF SAID NE 1/4 OF THE NW1/4;
THENCE ALONG THE NORTH LINE OF SAID NE 1/4 SOUTH 89 °40'54" EAST, A DISTANCE OF 34.44 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 89°40'54" EAST, A DISTANCE OF 10.00 FEET;
THENCE SOUTH 00°43'45" EAST, A DISTANCE OF 277.06 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF UNIVERSITY AVENUE;
THENCE ALONG SAID FUTURE RIGHT-OF-WAY LINE ALONG A CURVE CONCAVE NORTHERLY WITH A RADIUS OF 1340.00 FEET,
WITH A CHORD BEARING OF SOUTH 81°02'24" WEST, AND A CHORD LENGTH OF 10.10 FEET, A DISTANCE OF 10.10 FEET;
THENCE NORTH 00°43'45" WEST, A DISTANCE OF 278.69 FEET TO THE POINT OF BEGINNING.
CONTAINING 2,779 SQUARE FEET (0.064ACRES) MORE OR LESS.
FND 1/2 IRON ROD
W/CAP #15268
34.44'
NW COR GOVT LOT 2
NW COR NE 1/4 NW 1/4
SEC 5-78-26
POC
LEGEND
A FOUND SECTION CORNER MONUMENT 6 SET SECTION CORNER MONUMENT
• FOUND AS NOTED
O SET 5/8" IRON ROD W/YELLOW CAP#13148 (UNLESS NOTED) (M)MEASURED DIMENSION
( R)RECORDED DIMENSION
POB POINT-OF-BEGINNING POC POINT-OF-COMMENCEMENT
----SECTION LINE
----RIGHT-OF-WAY LINE
- - -EXISTING LOT LINE
---PROPERTY LINE l88&s888I EASEMENT AREA
POB S 89°40'54" E 972.19'
S89 °41'11"E
10.00'
NE 1/4 NW1/4
SEC 5-78-26
CITY OF WAUKEE
UNDERGROUND
ELECTRIC EASEMENT
2,779 SF (0.064 AC)
�=0 °25'55"
L=10.10'
R=1340.00'
BRG=S 81 °02'24" W
CH=10.10' -------
-Rf�
FND 1/2 GAS PIPE
W/CAP 12971
SW COR OF THE
SE1/4 SE1/4 SEC 33-79-26
FUTURE
RIGHT-OF-WAY
UNIVERSITY AVENUE
NORTH
0 50 100 200 .�.�.�-I 1 -----�ISCALE IN FEET
ONLY THESE COPIES OF THIS DOCUMENT SIGNED AND DATED IN CONTRASTING INK COLOR ARE TO BE CONSIDERED CERTIFIED OFFICIAL COPIES PER IDWA ADMINISTRATION CODE 193C-6.1(5)
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME DR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STA TE OF IOWA.
SIGNATURE: ____________ _
NAME: MURRA y B. BERTI NG
DATE: 10-30-2024 LICENSE NUMBER: 13148
MY LICENSE RENEWAL DATE IS: DECEMBER 31, 2024
PAGES, SHEETS DR Dl\1SIDNS COVERED BY THIS SEAL: __
EP-10
SH IVEl-1.A: I I ERV UNIVERSITY AVE. AREA IMPROVEMENTS PROJECT NO. 4203290
ARCHITECTURE+ENGINEERING ---UNDERGROUND
UNIVERSITY AVENUE, WAUKEE, IOWA ELECTRIC EASEMENT 4125 WESTOWN PKWY, SUITE 100
WEST DES MOINES, IOWA 50266 DATE 10/30/2024 I SCALE 1" = 100'
DRAWN BY CWH I FIELD BOOK ---EP-10 515.223.8104 I SHIVE-HATTERY.COM APPROVED BY MBB I REVISION ---