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Home My WebLink About2017-06-05-J01P Electric Transmission Easement_Etzel Living Trust4 ►1f Waukee ,t THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 5, 2017 AGENDA ITEM: Consideration of approval of a MidAmerican Energy Company Electric Transmission Line Easement related to Alice's Road Corridor Improvements, Phase 5 [Robert F. Etzel Living Trust] FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: This easement is for the Alice's Road Widening project. Relocation of a MidAmerican overhead transmission power line is necessary and this easement will allow MidAmerican crews to relocate the necessary power poles and overhead transmission power lines in conflict with the proposed Alice's Road improvements to be constructed in 2018. FISCAL IMPACT INCLUDING COSTBENEFIT ANALYSIS: $1.00 COMMISSIONBOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the consent agenda. ATTACHMENTS: I. Easement PREPARED BY: Beth Richardson/Rudy Koester i REVIEWED BY: John Gibson PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 17- 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 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 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 5th 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. 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: Jason Romey (515) 242-4070 MIDAMERICAN ENERGY COMPANY ELECTRIC TRANSMISSION LINE EASEMENT State of Iowa Folder No. 7 County of Dallas Work Req. No. Section 34 Project No. 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) 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, togetherwith the right to survey the property and the right of ingress and egress to and from the same and al'I 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 "BB" of the East Half (E'/) of the Northeast Quarter (NE/4) 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, Iowa. 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 olthe 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 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. Grantor certifies that it is not acting, directly or indirectly, for or on behalf of any person, group, Page I Gcr I I'i I- I I-In-li 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 VirD lli ��-10-6 Dated this J2 day of 4.Px. FL , 204-7- ROBERT F. ETZEL LIVING TRUST DATED JULY 20, 2004 Robert F. Etzel, Trust e ACKNOWLEDGMENT STATE OF IOWA ) ) ss COUNTY OF PDL/< ) This record was acknowledged before me on t" ( 2� 20 17, by Robert F. Etzel as Trustee of Robert F. Etzel Living Trust dated July 20 2004. �SjgnaTu—fe- of Notary Public *MMINGSer 776204Consent of Party in Interest Expires2018 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, Trustee Page 3 l'cr I- II I I I-Ih-I i Index Legend Location: PARCEL'BB', E1/2 NE1/4, SEC. 34, T 79 N, R 26 W Re uestor- l Cq of Waukee Proprietor: - (Robert F. Etzel, Trustee Surveyor. Jody Budde Surveyor Compan /L.' I Foth Infrastructure & Environment, LLC Return To: .Jody Budde, 1191 Birchwood Court, Suite L !John ston IA 50131 515 254-1393 PERMANENT EASEMENT EXHIBIT 07-P PERMANENT TRANSMISSION EASEMENT BEING CONVEYED TO MIDAMERICAN ENERGY COMPANY BE ALICES ROAD IMPROVEMENTS PARCEL 07 PROPERTY OWNER: FND BRASS PLUG ROB1851 F. ERTH CORNER-792 RTRUSTEE AS H ROAD AOINES SE SEC. 34-79-26 I DES .IAE 266 DESK 2012, BOOK 2012, PAGE 23323 233 � N e 0 lea Bee �}FiD OOT DISK FEET LEGEND FOUND SECTION CORNER MONUMENT SET SECTION CORNER MONUMENT • FOUND 5W GORDO W/BLUE CAP'" 8381(UNLESS NOTED) 0 SET S/8'REROD W/PINK CAPM22847(UNLESS NOTED) (M) MEASURED DIMENSION (R) RECORDED DIMENSION I.R. IRON ROD I.P. IRON PIPE SECTION LINE RIGHT-OF-WAY LINE EXISTING LOT LINE PIL PROPERTY LINE ® PERMANENT TRANSMISSION EASEMENT SURVEY FOR: CITY OF WAUKEE 230 HIGHWAY 6 WAUKEE. IA 50263 TEL.: (515) 987-4363 4`P 4 S� ryA S 8V 45'50"I S 89a 45' 50" E 0- 357.92T(M) 3: SEE SHEET 1 BE CO PARCI FND' YCAPS — , a on 0 vN, W se U - se 14 . m in JS cNgS'7S. w �. a 0 z C41 C5I g FND 1/2"IR L m FND CUT I —C' E1/4 CORNER SEC. 3479-26 Pin n RI IRVFY COMPI FTFD' .JANUARY 2017 CURVE TABLE CURVE LE RRONS CHO. LENGTH CHO BEARING DELTA TAN C2 160.45NGTH 35W.50' 160.44' N01'303]"E D2°33'45" 80.24' O 152. IB' J412.50- 152.16" NDI'30'4 T 02 °33'IS 76.10' C4 153.2R' 3437.SD' 153.2B' S01°30'O"W D2°33'18" 76.66' C5 159.33' 3562.50 159.32 501-3033"W 02-33'45" 79.68- S License Number 22847 My Ilcense renewal dale is DECEMBER 31, 2018. P.,esorsheebwveredin,1N.A.M: — , Foth Foth Infrastructure & Environment, LLC .1.1 nme,end Court. Suite L bM:tan. A5o131-2DI Pbene: eille'-13el Fac 515.251.1.A SHEET i OF 2 FOTH PROJECT NO. 16W047-01 DATE: 5/16/2017 PERMANENT EASEMENT EXHIBIT 07-P PERMANENT TRANSMISSION EASEMENT BEING CONVEYED TO MIDAMERICAN ENERGY COMPANY SE ALICES ROAD IMPROVEMENTS PARCEL 07 PROPERTY OWNER ROBERT F. ETZEL, TRUSTEE 1851 ASHWORTH ROAD DES MOINES. IA 50266 BOOK 2012. PAGE 23323 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN PARCEL'BB' OF THE EAST HALF OF THE NORTHEAST QUARTER 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, IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 34, TOWNSHIP 79 NORTH. RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, THENCE NORTH 89" 45' O6" WEST, 84,03 FEET ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34 TO THE POINT OF BEGINNING; THENCE NORTH 89` 4T 06' WEST, 25 05 FEET CONTINUING ALONG SAID SOUTH LINE; THENCE NORTH 03' 25' O8" WEST, 60.34 FEET; THENCE NORTH A DISTANCE OF 65.31 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE EAST WITH A CENTRAL ANGLE OF 03- 3849", ALONG A 1026.00 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 160.45 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE EAST WITH A CENTRAL ANGLE OF 02" 33' 45', ALONG A 3587.50 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 01- 30' 33" EAST, 160.44 FEET; THENCE NORTH A DISTANCE OF 152.18 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE WEST WITH A CENTRAL ANGLE OF 02" 33' 18', ALONG A 3412.50 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 01' 30' 47" EAST, 152.16 FEET TO THE NORTH LINE OF SAID PARCEL'BB'; THENCE SOUTH 89' 45' S0" 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' 18', 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 THE ARC OF A TANGENT CURVE CONCAVE EAST WITH A CENTRAL ANGLE OF 02- 33' 45", 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 OF 03` 38' 49', ALONG A 1001.00 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 01- 35' 44" EAST, 63.70 FEET; THENCE SOUTH 03x 25' 08" EAST, 61.94 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 48,905 SQUARE FEET OR 1.12 ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. FND 5/8" IR BCAP#18381 SEE SHEET 2 •10 'Zoo ' aE\9 2s N1N Y" I 0 IN 2. FOR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS AND DISTANCES ARE REFERENCED TO NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT. PEET LINE TABLE LINE LENGTH 1 BEARING LI 50.00 1 N89-45'06"w NOTE, MONUMENTS SHOWN TO BE SET WILL BE ESTABLISHED AFTER CONSTRUCTION IS COMPLETED Ci SWCORNER A03°25'08"W SE14 NEt/4� 60.34' SEC. 14-79-26 CURVE TABLE CURVE LENGTH RADIUS CHD. LENGTH CHD BEARING DELTA TAN Cl 65.3 t' 1026.OD' 65.30' u0'Z3E 9"W 03"38'49" 32.66' C6 63.71' 101 63.70 1 SOI-35'44-E 1 03-3B'49" 31.87' 1321.35'(M) 1321 42'(R) `FND BRASS PLUG Z NE CORNER SEC, 34-79-26 YFND 1/2" IR I LOT 1 SE LAUREL STREET FND 112"IR cT'( LOT 6 mFND 5/8" IR IE YCAP#9517� 'o FND 10IR YCAP#4640 w PART OF LOT 1 o � VA �O Q PART OF LOT 1 FND 112" IS YCAP#3321 IIIIlll _ —'"— o I BE WESTBROOK DRIVE w1UILOT vwi FND 1/2' IR Y 50' —C6 50' LOT S 03- 25' OS' E 61 94' TPQB POC CORNFND CbRNUT ER _ I SEC ` LLL1 EC. 34-78-28 -- FND V2"IR YCAP#12971 SURVEY FOR: CITY OF WAUKEE F0lh 230 HIGHWAY 6 SHEET WA WAUKEE, IA 50263 TEL.: (515)9874363 Fotn Infrastructure & Environment, LLC 2 OF 2 .II einnwm4 Can. S.aP L ,anTS;mswan3 FOTH PROJECT NO. 16W047-01 DATE: 5/16/2017 vm„. _sTszu-nFax vaxaisua.Tsaz