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Home My WebLink About2017-04-17-J01J Underground Electric Easement14.W ► ►+ Waukee 'Tr ■�THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 17, 2017 AGENDA ITEM: Consideration of approval of a resolution approving MidAmerican Energy Company Underground Electric Easement [900 N Warrior Lane] FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: This easement is for the Little Walnut Creek Lift Station Expansion project. This easement will allow MidAmerican Energy crews access to City owned property to place a transformer and conduit to provide a 3-Phase electrical service to the lift station. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $1.00 COMMISSIONBOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve Resolution ATTACHMENTS: 1, Easement PREPARED BY: Beth Richardson/Rudy Koester K REVIEWED BY: John Gibson/ PUBLIC NOTICE INFORMATION -- NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 17- APPROVING MIDAMERICAN ENERGY COMPANY UNDERGROUND ELECTRIC EASEMENT [990 N. WARRIOR LANE] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, it has been determined that an Underground Electric Easement, attached hereto as Exhibit A, is necessary for the purpose of construction of the Little Walnut Creek Lift Station Expansion Project; NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 17"' day of April, 2017, that it hereby approves the MidAmerican Energy Company Underground Electric Easement [990 N. Warrior Lane] in the amount of S1.00. William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Brian Harrison Shelly Hughes Larry R. Lyon Prepared by and return to: Crystal Dinsmore 515-281-2202 MIDAMERICAN ENERGY ATTN: RIGHT-OF-WAY SERVICES PO BOX 657 DES MOINES. IA 9nsnF_nFs7 MIDAMERICAN ENERGY COMPANY UNDERGROUND ELECTRIC EASEMENT State of IOWA Folder No. 3721-2017 County of DALLAS Work Req. No. 2595097X Section 28 Project No. A1146 Township 79 North Range 26 West of the 51h 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) City of Waukee Iowa a municipal corporation, its successors and assigns ("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 underground conduits, wires and cables for the transmission and distribution of electric energy and for communication and electrical controls, including other reasonably necessary equipment incident thereto (collectively "Facilities") under and on the surface of the ground, through and across certain property described below, together with 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'). DESCRIPTION OF PROPERTY CONTAINING EASEMENT AREA: Parcel 'AA" in the Northeast Quarter of the Northeast Quarter (NE1/4 NE1/4) of Section 28, Township 79 North, Range 26 West of the 51h P.M., Dallas County, Iowa. EASEMENT AREA: SEE ATTACHED EXHIBIT'A' 2. Additionally, Grantee shall have the right to remove from the Easement Area described above, any obstructions, including but not limited to, trees, plants, undergrowth, buildings, fences and structures that interfere with the proper operation and maintenance of said Facilities and equipment. Page I Vrr 1;619 10 (, ; , 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 above 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. 4. In consideration of such grant, Grantee agrees that it will repair or pay for any damage which may be caused to 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 operation and maintenance of the Facilities and associated equipment. 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. 5. Additionally, when Grantor provides or installs duct/conduit for said Facilities, this grant shall cover and include all Facilities installed as a part of the Easement Area. 6. 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 the 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. 7. 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 of 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. 8. Grantor hereby relinquishes all rights of dower, homestead and distributive share in and to the property and waives all rights of exemption as to any of the property. 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, voluntarily gives up any right to this protection for this property with respect to claims based upon this easement. 9. 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 Ver C(7PI PI 1, Dated this _ day of 20 City of Waukee Iowa a municipal corporation ACKNOWLEDGMENT STATE OF ) ) ss COUNTY OF ) This record was acknowledged before me on by r� City of Waukee, Iowa, a municipal corporation, on behalf of said corporation. Signature of Notary Page 3 EXHIBIT "A" PREPARED BY: VEENSTAA 6 KIMf, INC. - 3000 WESTOWN PARKWAY - WEST DES MOINES, IOWA 50266-1320 - (515) 225-8000 RETURN TO: VEENSTRA 6 KIWI, INC. - 3000 WESTOWN PARKWAY - WEST DES MOINES. IOWA 50266-1320 - (5151 225-8000 Dvex EASEMENT DRAWING ADD CITY OF WAUKEE FOR PERPETUAL ELECTRIC LINE NORTH OF BEING CONVEYED TO 500 WARRIOR LANE BOOK 2013 PAGE 721 MIDAMERICAN ENERGY WAUKEE, IA 50263 PARCEL D: LEGAL DEBCMPIION: 1228200007 A perpetual electric line easement located in Parcel "AA" in the Northeast Quarter of the Northeast Quarter (NE 1/4 NE 1/4) of Section 28, Township 79 North, Range 26 West of the 5th P.M., Dallas County, Iowa as recorded in Book 2013 on Page 721 in the Dallas County Recorder's Office. Said perpetual easement being more particularly described as follows: Commencing at the Northeast corner of said Parcel "AA"; thence South 00'22'44" West (all bearings referenced to Grid North Iowa Real Time Network, South Zone), 42.83 feet along the East line of said Parcel "AA" to the point of beginning' thence continuing South 00'22'44" West, 15.45 feet along said East line; thence South 65'19'26" West, 52.64 feet; thence North 19.07'40" East, 19.40 feet; thence North 65'19'26" East, 55.76 feet to the paint of beginning. T— Containing 829 square feet, more or less. I P.O.C.- I SECN28-79-26 1 1 FOUND 1•I.P. I H N I I s QJ -a �+ �J I �O I cum) N E 2 mm m 1 0" J I N I to H Z Lot P.D.C. I NE CORNER I a PARCEL AA" I i --__—_-- ____ vM 1 _ 1 P.0.6. ILS Nt Ica- ca acu 4 ! 3 ca I 1 QpP2ti Q L4 �L3 I vo I I OF I N o l Z to Z I I �" I Q GRID NORTH c J t IOWA STATE PLANE — — Q 000 SOUTH ZONE TEM ---_— 0 r CE I � I I LE Q G LO 120 IZ • FOUND 3/4"PIPE W/ YELLOW CAPir12972 E 1/4 PERPETUAL EASEMENT SEC 26-79-26 829 SQUARE FEET FOUND CUT"X' _ _ ELECTRIC LINE EASEMENT IN DWQ. ND. T' - - - PARCEL "AA" IN THE NE 1/4 OF µ - THE NE1/4 OF SECTION 28-79-26 E - 6 nn oo-w-v Y)m11 m i A7A/A6 wr. sonoM..o.n�.b.q• x..o.r.rw+n.e..aom..ru4 --1_OF_1 A. C. n5assa000. ir.wsasw �.w Aoo-sawaonwis cmn amem LINE BEARING 742 TMIIf LS SOD'22'44'W 83' L2 SOD'22'44'w 15,45' L3 565'19'26'W 62.64' L4 N19'07'40'E ]9 AD' L5 N65'19'26'E 55.7fi'