The URL can be used to link to this page

Home My WebLink About2017-08-21-J01V ARC Phase 5_UICCU_MEC EasementNO Waukee &V THE KEY To GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: August 21, 2017 AGENDA ITEM: Consideration of approval of a MidAmerican Energy Company Electric Transmission Line Easement related to Alice's Road Corridor Improvements, Phase 5 [University of Iowa Community Credit Union] 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 COST/BENEFIT ANALYSIS: $1.00 COMMISSION/BOARDICOMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the consent agenda. 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 ELECTRIC TRANSMISSION LINE EASEMENT RELATED TO ALICE'S ROAD CORRIDOR IMPROVEMENTS, PHASE 5 [UNIVERSITY OF IOWA COMMUNITY CREDIT UNION] 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 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 University of Iowa Community Credit Union 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 21't day of August, 2017, that it hereby approves the MidAmerican Energy Company Electric Transmission Line Easement related to Alice's Road Corridor Improvements, Phase 5 [University of Iowa Community Credit Union] 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 ATTN: RIGHT-OF-WAY SERVICES PO BOX 657 DES MOINES IA 50306-0657 MIDAMERICAN ENERGY COMPANY ELECTRIC TRANSMISSION LINE EASEMENT State of Iowa Folder No. 42 County of Dallas Work Req. No. Section 27 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) UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, (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 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: Lot 2, The Crossing at Alice's Road Plat 4, an Official Plat in the City of Waukee, Dallas County, Iowa, as recorded in Book 2015, Page 20364 of the Dallas County Recorder's Office, Dallas County, Iowa DESCRIPTION OF EASEMENT AREA: Commencing at the Southeast Corner of Section 27, Township 79 North, Range 26 West of the 5th Principal Meridian, thence South 89056'19" West, 115.51 feet along the South line of the Southeast Quarter (SE%) of said Section 27; thence North 00031'39" East, 147.96 feet to the Point of Beginning; thence North 00031'39" East, 213.45 feet; thence North 04020'30" East, 14.82 feet to the North line of said Lot 2; thence South 89043'40" East, 25.06 feet along said North line; thence South 04°20'30" West, 15.76 feet; thence South 00°31'39" West, 187.35 feet; thence South 45013'30" West, 35.54 feet to the Point of Beginning. Said Parcel contains 5,392 square feet or 0.12 acres more or less. 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 Page 1 ver FTI.F. 11-16-15 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, 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. Grantorwarrants 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) Dated this /o day of �/ 20� Page 2 Ver F 11 1-: 1 LI6-I5 UNIVERSITY OF IOWA COMMUNITY CREDIT UNION �1�'A: SIGNATURE PRINTED NAME S,Q TITLE ACKNOWLEDGMENT STATE OF IOWA ) ) ss COUNTY OF DALLAS ) n This record was acknowledged before me on �-K�_ O( ViZ YQ�:k + of University of Iowa Community Credit l (TITLE) (COMPANY NAME) / .�"'`��s CHARISATIMMINS i Commission Number 772o28 M a mis ion Ezpi s wwA Consent of Party in Interest 2013, by kyl N00e as (PERSON NAME) ublic The undersigned does hereby consent to the terms and conditions of the Electric Transmission Line easement described herein. UNIVERSITY OF IOWA COMMUNITY CREDIT UNION SIGNATURE ,Firer '"O/ PRINTED NAME TITLE Page 3 Cer 1-TI F I I-I6-I5 Index Legend Location: I Lot 2, The Crossing At Alice's Road Plat 4 Requestor: City of Waukee Proprietor: University of Iowa Community Credit Union Surveyor: Jody Budde Surveyor Company: Foth Infrastructure & Environment, LLC Return To: Jody Budde, 8191 Birchwood Court, Suite L Johnston, IA 50131 515 254-1393 PERMANENT EASEMENT EXHIBIT 42-P PERMANENT TRANSMISSION EASEMENT BEING CONVEYED TO MIDAMERICAN ENERGY COMPANY SE ALICES ROAD IMPROVEMENTS PARCEL42 END CUT PROPERTY DESCRIPTION: NE CORNER LOT 2 OF THE CROSSING AT ALICE'S ROAD PLAT 4, AS 1 SE114 SE7/4 RECORDED IN BOOK 2015, PAGE 20364 OF THE DALLAS COUNTY SEC. 27-79-26 RECORDER'S OFFICE, DALLAS COUNTY, IOWA. TRANSMISSION EASEMENT DESCRIPTION P,L (EASEMENT AREA): / END 518" IR A PARCEL OF LAND LOCATED IN LOT 2 OF THE CROSSING AT YCAP#7844 ALICE'S ROAD PLAT 4, AS RECORDED IN BOOK 2016, PAGE 20364 rc OF THE DALLAS COUNTY RECORDER'S OFFICE, DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 27, V N TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL - g MERIDIAN, THENCE SOUTH 89- 56' 19" WEST, 115.51 FEET ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION o 27: THENCE NORTH 00" 31' 39" EAST, 147.96 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00" 31' 39" EAST, 213.45 FEET; M THENCE NORTH 04° 20' 30" EAST, 14.82 FEET TO THE NORTH LINE - w D her ztre OF SAID LOT 2; THENCE SOUTH 89' 43' 40" EAST, 25.06 FEET ALONG q SAID NORTH LINE: THENCE SOUTH 04' 20' 30" WEST. 15.76 FEET; 3 m THENCE SOUTH 00" 31' 39" WEST, 187.35 FEET; THENCE SOUTH 45" LOT i m K - FI ET 13' 30" WEST, 35.54 FEET TO THE POINT OF BEGINNING. w 'n NOTE: MONUMENTS SHOWN TO BE W'ca SETWILL BE ESTABLISHED AFTER SAID PARCEL CONTAINS 5,392 SQUARE FEET OR 0.12 ACRES MORE >yG `^ U ¢ CONSTRUCTION IS COMPLETED ROR ECORD, SUBJECT TO EASEMENTS AND RESTRICTIONS OF �GSCS k os FOR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS AND �Q.F1C P�Qjj A� Z DISTANCES ARE REFERENCED TO NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT. RG PROPERTY OWNER: S as^ 43.4a' E 25.06' UNIVERSITY OF IOWA COMMUNITY CREDIT UNION g 4S NE 43' 40" E 29.45' C/O NATHAN ALLEN WEE W ESTOW N PARKWAY N 04n 20' 30' E 14.82S 04- 29 3W W 15.78' WEST DES, PAGES, IA 50066 9-650 BOOK 2008, PAGES 6499-6500 SING , N O° 31' 39" IE 213.46 LOS00.31'39" W 187.35LOT 120.6167.3T45.13'30" W 3SfW END CUT X N 390 55' 21" E 167.35'(R) OB SW CORNER 355.4'(M) 35501'(R) SE1/4 SE114 EAST HICKMAN ROAD NOW 31' 39" E 147.96S 89- 56' 19" W 115.51' SEC. 27-79-26 (ROWWIDTH VARIES) 'I - — -— — -— SBT°56'19"W 131T78' =iv 1is POC R,. FND BRASS PLUG BE CORNER SEC. 27-79-26 LEGEND - I FOUND SECTION CORNER MONUMENT 4 BET SECTION CORNER MONUMENT FIELD SURVEY COMPLETED: JANUARY 2017 FOUND CUT X (UNLESS NOTED) I hereby ce4iq Mal this land surveying document was prepared and the O SET S/8'REROD W/PINK CAP#228,17(UNLESS NOTED) related survaywark was performed by me or under my direct personal (M) MEASURED DIMENSION �F.°......... under thews of me State of Fill am a lo, licensed Professional Land Surveyor (R) RECORDED DIMENSION �O.• - '': IO ��—�ll LR, IRON ROD Q JL q JODY A. �- �ooYA. DDE, PL,S. Dare I.P. IRON PIPE License Number 22847 W. BUDDE .� — - — - SECTION LINE G - My license renewal date is DECEMBER 81, 2018. Rn — RIGHT-0E-WAY LINE . c z a i 7 F G Pages w lamM covered by Mi. seal: EXISTING LOT LINE -`��.. ,'YO \� �C) iL — PROPERTYLINE ♦ - PERMANENT TRANSMISSION EASEMENT 'rrrlllllll tl\\\\ SURVEY FOR: F0th CITY OF WAUKEE 230 HIGHWAY 6 SHEET WA WAUKEE, IA 50263 TEL.: (515) 987-4363 Este InRestructure 8 Environment, LLC 1 OF 1 mini eo-mwmd Coon, SUM Mhomn, N vH31-1ml FOTH PROJECT NO. 16W021-Ot DATE: 7/21/2017 Phers uasdy-139a Fe, mai HER