HomeMy WebLinkAboutMidAmerican Energy - easement agmnt 225 Commercial-11/7/2016Prepared by and return to; Jay Peterson 515.281-2713
MIDAMERICAN ENERGY AT -1N: RIGHT-OF-WAY SERVICES PO BOX 657 DES MOINES,
0657
50306-
MIDAMERICAN ENERGY COMPANY
UNDERGROUND ELECTRIC EASEMENT
Folder No. 218-16
Work Req. No. DR2551207
Project No. A1155
State of Iowa
County of Black Hawk
Section 26
Township 89 North
Range 13 West of the 5"1 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
Waterloo, Iowa, an Iowa municipality, its successors and assigns ("Grantor"), does hereby
grant to MIDAMERICAN ENERGY COMPANY, its successors and assigns ("Grantee"), subject to
the terms and conditions of this instrument, 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 including a transformer 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:
Block 3 "The Original Plat of the West Side of the Cedar River" now included in and forming a
part of the City of Waterloo, Black Hawk County, Iowa.
EASEMENT AREA:
A 20 foot wide electric line easement as shown on the Survey, attached hereto and made a part
hereof.
2. Additionally, Grantee shall have the right to remove from the Easement Area described
above, at its sole expense, 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; provided, however, that Grantee shall have first
notified Grantor of any obstructions that are building, fences, or structures and shall have
received the written approval of Grantor for removal of such obstructions. After removal of same,
Grantee shall leave the premises in a condition reasonably acceptable to Grantor.
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 first providing written notice to Grantee and giving
Grantee an opportunity to discuss any concerns about ground cover or other possible
interference with the Grantee's rights to operate and maintain its Facilities. The parties will
cooperate in good faith to promptly resolve any such concerns.
3.1. Notwithstanding any contrary provision of paragraphs 2 and 3 above, the parties
acknowledge that the Easement Area is currently occupied by a digital sign structure and by a
metal sculpture, and the grant of easement made herein is expressly made subject to said sign
and sculpture. Grantee shall not permanently remove either of said structures. Grantee shall not
temporarily move either of said structures without having first notified Grantor in writing and
received Grantor's written approval. After any structure is moved, Grantee shall promptly restore
it to its previous location and fix it upon a base substantially equivalent to the base on which it
rested before work began. Grantee shall be responsible for any damage to either structure
arising from work in the Easement Area by Grantee, its employees and agents, including but not
limited to loss of power necessary for proper operation of the sign.
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 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, provided that the work is undertaken according to thestandards set forth
in the ordinance by which Grantor granted an electrical system franchise to Grantee (the
"Franchise").
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 and Grantee each certify that they are 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. Each party hereby agrees to defend, indemnify and hold harmless the other party 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 dispute arising under this easement, it is agreed between the parties that the law of the State
of Iowa will govern the interpretation, validity and effect of this easement without regard to the
place of execution or place of performance thereof. To the fullest extent permitted by law,
Grantor and Grantee each hereto waive 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. Grantor
and Grantee each further waive 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 represents 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.
10. To the extent not in conflict with this easement, the parties agree that the easement and
the activities of the parties in relation thereto shall be governed by the Franchise.
(Acknowledgments on following page)
`� day of1\1X2016
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C. Ll fl.cL. 9 r'.
City of Waterloo, Iowa
By: Di-L.12-irt-1474/41
Name Printed: & VC_P
Title: 1.S�2—
ACKNOWLEDGMENT
STATE OF 1 tea` )
ss
COUNTY OF & -0 `)
This record was acknowledged before me on i`Q `l k
by &r,* as Nov`-?4vL_
(Title)
(Name)
Citv of Waterloo, Iowa.
of
pa ture-btary Public
INDEX LEGEND
General Descriptio: Block 3 "The Odginel Plat of the West Side of the
Cedar River
Surveyor. Kyle J. Helfand
Surveying Co: Heiland Engineering & Surveying, Ltd,
1107 Technology Parkway
Cedar Falls, Iowa 506136555
(319)-268-0181
Survey Requested By. Chris WolfelMidAmedce Energy
Proprietor: City of Waterloo
LOCATION MAP
CEDAR STREET
(VACATED)
SEE SHEET
FOR DETAIL
CEDAR RIVER
UTILITY
EASEMENT
UTILITY
EASEMENT
8 840 S0. FT.
N48°41%W 63.9'
841°18'/2 W 20.0'
^'s 06
�by
sKt
e
(ASSUMED BEARING) --s-*
LOTO
LOTT
LOT
RUM
BLOCKS �p0^
"THE ORIGINAL PLAT
ON THE WEST SIDE
OF THE CEDAR RIVER",
Lorapo`\ WATERLO• Si
FOU 0N0.4
SW CORNER
LOT BLOCK 3
FOUND CUT'X" IN P.C.C,
NW CORNER OF
BLOCK 13
FOUND CUT 'X" IN P.C.C.
SW CORNER OF
BLOCK 13
LOT3
\pd\
BLOCK4 \
FOUND i'a.d.
IRON PINCHED PIPE
LOT2
,p01
SEE SHEET 2 FOR LEGAL DESCRIPTION, LEGEND,
AND DETAIL OF TRANSFORMER PAD 4» / (BEARINGS ARE ASSUMED)
THIS SURVEYMEETSIOR EXCEEDS CURRENT "MINIMUM STANDARDS FOR PROPERTY SURVEYS' 0' 4q' 80' 4`
i • SET NO.4 REBAR X 24' LONG w/ORANGE PLASTIC CAP #23212
(007SCALE: 1' AS FILENAME: 16-195.DWG
SCALE: 1"=80' PROJECT#16-195 DRAWN BY: CDR
OPCPLASTIC CAP (0=ORANGE, R=RED, Y=YELLOW)
' u HELLAND ENGINEERING & SURVEYING, LTD.
1107 II'Y Ceder Falls, Iowa Partway
CederFalls,laws 508136965 •
(31x}2886161 SHEET 1 OF 2
I hereby evilly190101s lend surveying dow,
and the related survey work was pedalm-
directpersonaloro ebn and that( am ad
Professional Land Surveyor under the laws of
Kyle J. Helard
License Number 23212
My °cense renewal date is Decomber 31, 2017,
A& pages or sheets are covered by Ws seal except
PLAT OF UTILITY EASEMENT
OF PART OF BLOCK 3
"THE ORIGINAL PLAT ON THE WEST SIDE OF THE
CEDAR RIVER"
WATERLOO, BLACK HAWK COUNTY, IOWA
FOR
CITY OF WATERLOO
`a
DESCRIPTION OF UTILITY EASEMENT
That part of Block 3 and part of Vacated Cedar Street of "The Original Plat on the West Side of the
Cedar River" of the City of Waterloo Iowa, described as follows:
Beginning at the Southwesterly corner of said Block 3, also being on the Easterly right-of-way
line of West 1st Street, point being a found %:" rebar;
Thence along said Easterly right-of-way line, also being the Northwesterly line of said Block 3
North 41 °18W East a distance of 353.3 feet;
thence South 48°41Y:' East a distance of 83.9 feet;
thence South 41°18W West a distance of 20.0 feet;
thence North 48°41W West a distance of 63.9 feet;
thence South 41°18W West a distance of 333,2 feet to the Northeriy right-of-way line of
Commercial Street, also being the Southwesterly line of said Block 3;
thence along said Northerly right-of-way line North 49°00W West a distance of 20.0 feet to
the point of beginning.
Containing 8,340 acres.
Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record
and not of record.
Note: The Easterly right-of-way line of sald West 1st Street is assumed to bear
North 41018W East for this description.
Date of Fieldwork: 09/21/2016
Cc
(0.02a PER PLAT OF SURVEY DATED 06/30/2011
FILE 2012-00000192
P.C.G. PAD
LEGEND
ALL MEASUREMENTS
ARE FROM APPROXIMATE CENTER
OF TRANSFORMER BOX
II'h'+ a'E
^Q.
+t
10;�"aN
DETAIL
(NOT TO SCALE)
TRANSFORMER BOX
HELLANDENGINEERING& SURVEYING, LTD.�•SET COROEOEBARX24ILONG AME:16NGEPLASTIC CAP 23212
1107 TechND PGIN (00]RECORDED AS FILE NAME: 16-195.DWG
Cedar Falls, Iowa 506138955 1 PROJECT#16-195 DRAWN 6Y: COR
(319)2604161 ISHEET 2 OF 2I OPCPLASTIC CAP (0=oRANGE, R=REo, Y=YELLOW)
PLAT OF UTILITY EASEMENT
OF PART OF BLOCK 3
"THE ORIGINAL PLAT ON THE WEST SIDE OF THE
CEDAR RIVER"
WATERLOO, BLACK HAWK COUNTY, IOWA
FOR
CITY OF WATERLOO