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Home My WebLink About2017-06-05-Resolutions 17-268_Alice's Rd Corridor Phase 5 - Electric Transmission Easement - Etzel Living TrustTHE CITY OF WAUKEE,IOWA RESOLUTION 17-268 APPROVING MIDAMERICAN ENERGY COMPANY ELECTRIC TRANSMISSION LINE EASEMENT RELATED TO ALICE'S ROAD CORRIDOR IMPROVEMENTS, PHASE 5 [ROBERT F.ETZEL LIVING TRUST] IN THE NAME AND BY THEA UTHOJUTY OF THE CITY OF WA UKEE,108'A 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 Transmission Line Easement is necessary for the purpose of construction of the Alice's Road Corridor Improvements Project,Phase 5;AND, WHEREAS,said easement shall be located on a portion of the property owned by Robert F. Etzel Living Trust and legally described as referenced in Exhibit A,Easement Area,of the Electric Transmission Line Easement which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 5"day of June,2017,that it hereby approves the MidAmerican Energy Company Electric Transmission Line Easement related to Alice's Road Corridor Improvements,Phase 5 [Robert F. Etzel Living Trust]in the amount of $1.00. I am .e,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYE X X X X X NAY ABSENT ABSTAIN IIJJIIJIIIIJIJIJJJJIJJJIIIJJJJIIJJJJIJIIJIJJIJJJJJJJIJJIJJIIIJJIJIJJI Recorded:12/01/2017 at 01:07:45 PMFeeAet:$32.00 Page 1 of 5DallasCountyroueChadC.Airhart RECORDERFiiee «2017 F023500 ELECTRIC TRANSMISSION LINE EASEMENT MidAmerican Energy Company;Robert F.Etzel Living Trust Dated July 20,2004 Recorder's Cover Sheet Preparer Information (name,address and phone number): Jason Romey MidAmerican Energy ATTN:Right-of-Way Services P.O.Box 657 Des Moines,IA 50306-0657 Bill/Return Document to (name and complete address): Rebecca D.Schuett City of Waukee 230-WF Hickman Rd. Waukee,IA 50263 Phone:(515)978-7904 Legal Description:See Exhibit Document or Instrument Number of Previously Recorded Documents: Bill/Return to; Becky Schuett,City of Waukee230W.Hickman Rd. Waukee,IA 50263 Prepared by eetgdeterdqrf6:Jason Ramey (515)242-4070 MIDAMERICAN ENERGY ATTN:RIGHT-OF-WAY SERVICES PO BOX 657 DES MOINES,IA 50306-0657 MIDAMERICAN ENERGY COMPANY ELECTRIC TRANSMISSION LINE EASENIENT Folder No.7 Work Req.No. Project No. State of County of Section Township Range Iowa Dallas 34 79 North 26 West of the 5'"P.M. 1.For and in consideration of the sum of One and no/100 Dollar ($1.00),and other valuable consideration,in hand paid by MIDAMERICAN ENERGY COMPANY,an iowa corporation,receipt of which is hereby acknowledged,the undersigned owner(s)ROBERT F.ETZEL LIVING TRUST DATED JULY 20, 2004,(collectively the "Grantor"),does hereby grant to MIDAMERICAN ENERGY COMPANY,its successors and assigns ("Grantee"),a perpetual,non-exclusive easement to construct,reconstruct, operate,maintain,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,towers, wires,guys,guy stubs,anchors and other reasonably necessary equipment incident thereto (collectively "Facilities")upon,over,along,and across certain property described below,together with the right to survey the property and the right of ingress and egress to and from the same and all the rights and privileges incident and necessary to the enjoyment of this easement ("Easement Area"),including the right to trim,cut down and remove such trees,brush,saplings and bushes as may interfere with the proper construction, maintenance,operation or removal of said lines,upon,over,along and across the property described below. DESCRIPTION OF PROPERTY CONTAINING EASEMENT AREA:A parcel of land located in Parcel "BBd of the East Half (E/)of the Northeast Quarter (NE'/d)of Section 34,Township 79,Range 26 West of the Fifth Principal Meridian,as recorded in Book 2012,Page 22929 of the Dallas County Recorder's Office, Dallas County,lowe. DESCRIPTION OF EASEMENT AREA:See attached Permanent Easement Plat. 2.Subject to the rights of the Grantee granted herein,Grantor shall have the right to cultivate,use and occupy the land.No brush or other inflammable materials shall be deposited,or accumulated or burned within the easement area. 3.Grantor agrees that it will not construct or place any permanent or temporary buildings,structures, fences,trees,plants,or other objects on the Easement Area described herein,or make any changes in ground elevation without written permission from Grantee indicating that said construction or ground elevation changes will not result in inadequate or excessive ground cover,or otherwise interfere with the Grantee's rights to operate and maintain its Facilities,and that no act shall be performed which violates the clearance requirements of the National Electrical Safety Code and/or the rules of the state utility regulatory authority where the Facilities are located. 4.In consideration of such grant,Grantee agrees that it will repair or pay for any damage which may be caused to tile,crops,fences,or other property,real or personal,of the Grantor by the construction, reconstruction,maintenance,operation,replacement or removal of the Facilities (except for damage to property placed subsequent to the granting of this easement)that Grantee determines interferes with the p d ~th P dd ~t t d q tp t.ItldqddWll,ddlaqhthllWI 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. 5.Grantor certifies that it is not acting,directly or indirectly,for or on behalf of any person,group, Page I vdr I I I I I rat -I 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. 6.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. 7.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. 8.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. (Acknowledgments on following page) Page 2 etdtht ~dt t ROBERT F.ETZEL LIVING TRUST DATED JULY 20,2004 Robert F.Etzel,Trustee ACKNOWLEDGMENT STATE OF IOWA ) )ss )COUNTY OFPQQ; This record was acknowledged before me on 2,20/7,by Robert F.Etzel as Trustee of Robert F Etzel Livin Trust dated Jul 20 2004. Consent of Party in interest ure of Notary Public BRIAN T.JENNINGS Sr Commissdn Numrter 774804 My Commisseao Bargee Oeeember t8,20I8 The undersigned does hereby consent to the terms and conditions of the Electric Transmission Line easement described herein. ROBERT F.ETZEL LIVING TRUST DATED JULY 20,2004 Robert F.Etzel,Truste Page 3 eel rlf Index Le end Location:PARCEL 'BB',E1/2 NEI/4,SEC.34,T 79 N,R 26 W Requestor:City of Waukee Proprietor:'Robert F.Etzel,Trustee Surveyor:Jody Budde Surveyor Company;Foth Infrastructure 3 Environment,LLC Jody Budde,6191 Birchwood Court,Suite L Return To:Johnston,)A 50131 515 254-1393 PERMANENT EASEMENT EXH)B)707-P PERMANENT TRANSMISSION PROPERTY OWNER: ROBERT F ETZEL,TRUSTEE 1851 ASHWORTH ROAD DES MOINES.IA 5D266 BOOK 2012,PAGE 23323 EASEMENT BEING CONVEYED TO M)DAMER)CAN ENERGY COMPANY SE AL)CES ROAD IMPROVEMENTS PARCEL 07 —FND BRASS PLUG NE CORNER SEC 34-79.26 N 0 fm ZNI FND DOT DISK FEE NOTE.MONUMENTS SHOWN TOBESETWILLBEESTABLISHEDAFTER CONSI RUCTION IS COMPLETED Ta I Z 04C3 EO+—,50 iw /(9 6C IU 0889'45'50"E 3300' 5 89'45'50"E 25 00' 357 92'(hl)358 01'(R) lN L:99 666 66666K'06 (60 02 SEE SHEET I SE CORNER PARCEL 'BB' FND I/2'IR YCAP¹12971 C5, ~FND I/2"IR ~FNDCUTX I -~f El/4 CORNER SEC.34-79-26 FIELD SURVEY COMPLETED.JANUARY 2017 CURVE TABLE LFGFND 4 FOI7ND SECTION COR IER MONUMENT SET SECTION CORNER NIONUMENT FDUNO 558'REROD WfBLVE~CA Pet eel IUNLESS NOTED)0 SET 5fe"REROD WfPINK CAPfl22847 IUNLESS NOTED) (M)MEASURED DIMENSION (R)RECORDED DIMENSION I.R Moh ROD I.P.IRON PIPE SECTION LINE R I OH TOF WAY LINE EXISTING LOT LINE PROPERTY LINE~PERhlAHENT TRANSMISSION EASEMENT CURvE CZ LENGTH 160.45' I52.IS' RADEIS 3587.50' 34)2.50' CI'0.LENGTH 160.44' 152.IS' CHD BEARING NDI '30'33"E NO) '30'47 "E 0 ITA 02'M'45 02'33'IB TAN 80.2 03 54 05 153.25 l5'4.33 3 l37.50' 3562,50' 153 28' 150.32' SOI'30 47"ll 501 '30'33"ll 02 3TIB 02 33'45 76.10 76.66' 7'l.68' SKI ~ 'OC. ,7 DN*//lvul' m lupe dlh IIFNed lrl NIP fe,IL dS 7 S -lf.-duq Le WNU I 25847 Mvl«fd I*DECEhlBER31,7018 DrvfQ. SURVEY FOR: CITY OF WAUKEE 230 HIGHWAY 6 WAUKEE.IA 50263 TEL..(515)967-4363 FOTHPROJECTNO.16W047-Oi DATE:5/16/2017 Feth I I I eture 6 Eevl 00 5,LLD05e~c 0 ,el50IM 505 Fl .55545 IAMF 555 55 .5 SHEET 1 OF 2 PERMANENT TRANSMISSION EASEMENT BEING CONVEYED 'TO MIDAMER SE ALICES ROAD IMPROVEMENTS PARCEL 07 FND 548"IR BCAP618381 /CAN ENERGY COMPANY ~—FND BRASS PLUG NE CORNER SEC 34-79-26 I ~FND I /2"IR PROPERTY OWNER: ROBERT F ETZEL.TRUSTEE 1851 ASHWORTH ROAD DES MOINES,IA 50266 BOOK 2012.PAGE 23323 SEE SHEET 2 / LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN PARCEL 'BB'OF THE EAST HALF OF THE NDRTHEAST QUARTER OF SECTION 34, TOWNSHIP 79,RANGE 26 WEST OF THE FIFTH PR/NCIPAL MERIDIAN,AS RECORDED IN BOOK 2012.PAGE 22929 OF THE DALLAS COUNTY RECORDER'S OFFICE,DALLAS COUNTY, IOWA.MORE PARTICULARLY DESCRIBED AS FOLLOWS. PERMANENT EASEMENT EXHIBIT DT-P, COMMENCING AT THE EAST QUARTER CORNER OF SECTION 34,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN,THENCE NORTH 89'45'06"WEST,84 03FEETALONGTHESOUTHLINEOFTHENORTHEASTQUARTER OF SAID SECTION 34 TO THE POINT OF BEGINNING;THENCE NORTH 89 45'06"WEST,25.05 FEET CONTINUING ALONG SAID SOUTH LINE.THENCE NORTH 03'25'08"WEST,6034 FEET: THENCE NORTH A DISTANCE OF 65 31 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE EAST WITH A CENTRAL ANGLE OF 03'38'492 ALONG A I 026 00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 01'35'44"WEST,65.30 FEET, THENCE NORTH 00'13'41'EAST,1517 94 FEET;THENCE NORTH A DISTANCE OF 1604 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE EAST WITH A CENTRAL ANGLE OF02'33'45"ALONG A 3587.50 FOOT RADIUS WITH A CHORD TFIAT BEARS NORTH 01'30'33"EAST.160M4 FEET;THENCE NORTH A DISTANCE OF 152 18 FEET ALONG THE ARC OF 6 TANGENT CURVE CONCAVE WEST WITH A CENTRAL ANGLE OF02'3Z 182 ALONG A 3412 50 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 01'30'47"EAST,152 16 FEET TO I'HE NOR1'H LINE OF SAID PARCEL 'BBY THENCE SOUTH 89 45'50" EAST.25 00 FEET ALONG SAID NORTH LINE:THENCE SOUTH A DISTANCE OF 153 29 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE WEST WITH A CENTRAL ANGLE OF 02'33'182 ALONG A 3437 50 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 01'30'47"WEST,153 28 FEET; THENCE SOUTH A DISTANCE OF 159.33 FEET ALONG TtlE ARCOFATANGENTCURVECONCAVEEASTWITHACENTRAL ANGLE OF 02 33'452 ALONG A 3562 50 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 01'30'33"WEST,159 32 FEET; THENCE SOUTH 00'13'41'WEST.1517.94 FEET;THENCE SOUTH A DISTANCE OF 63.71 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE EAST WITH A CENTRAL ANGLE QF03'38'492 ALONG A '1001.00 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 01'35'44"EAST,63 70 FEET,1 HENCE SOUTH 03'25'08"EAST,61.94 FEET TO THE POINT OF BEG/NN/NG. SAID PARCEL CONTAINS 48,905 SQUARE FEET OR 1.12 ACRES MORE OR LESS.SUBJECT TO EASEMENTS AND RESTRICTIONS QF RECORD FOR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS AND DISTANCES ARE REFERENCED TO NAD83(2011/IA SPCS SOUTH ZONE,US SURVEY FOOT Bcc&cv.LE YK~C A.UB gc 0 264 HUTB MUHUMERTS SHOWN TC SE SEV WILL BE EM ASL /SHE 0 AFTER CUHSTRUCTICH IS CUMPLEVEU IX B IU Cj Q M IU 42 40 LOT I SE LAUREL STREET ~—FND I/Z'IR A g 0 '2" XCV=K@Z L 2 LOT 8 FNO 5/8"IR ~ YCAP49517 E ~FND I/2"IR VCAI 64640 Ua PART OF LOT I 2' CWV UX KR PART OF LOT I 2 LOT 4 "A . BK +LC,~FND IEP IR ~FND U2"IRBgYCAP43321 SE WESTBROOK DR/VE G I Cl 50' -C6 50 LOT5 LINE TABLE Lll E LE//GIH BEARING 50.00'HSV'45'06'w CURVE TaBLE CURVE TERGTH IM0105 090.LEHGYH GHU SEARIBG 0!65.31'1026.00'65.30'HGI'35'44"H GG 63.71'1001.00'63.70'601'35'44"E SW CORNER ~N 03'25'08"W SEI/4 NEI/O 60 34' SEC 34-79-26 1321 35'IM) CEL/a TAH 1321 42/Rl 02'26'44"3266'N89'45'06'W 2505'— 03'36'4Y'31.67'N 89'45'06"W 34 03' Fl ELD SURVEY COMPLETE 0 JANUARY 2017 8 03'25'08"E 61 94' POB PQC~i FND CUT X El/4 CORNER /M"SEC 34-79-26 .FND I/2'IR YCAPt/12971 SURVEY FOR: CITY OF WAUKEE 230 HIGHWAY 6 WAUKEE,IA 50263 TEL:/525)987-4363 FOTH PROJECT NO 16W047 01 DATE 5/16/2017 +Forth R tel I *t t SE Io t.LLC 4/222 U S Ra 2 2 ~I IM 2/222 4 2 SHEET 2 OF 2