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HomeMy WebLinkAboutMidAmerican Energy Company-11/18/2013Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: November 18, 2013 Prepared: November 12, 2013 Dept. Head Signature: # of Attachments: 4 Sent 3ov-o no:Is (r,cz. +0 aon SUBJECT: Request to dedicate a utility easement between the City of Waterloo and MidAmerican Energy Company (MEC) on property located near the end of Sycamore Street, just west of Highway 63, near 59 Sycamore Street. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval Summary Statement: MidAmerican Energy is requesting to dedicate a new utility easement that will start near the end of Sycamore Street and travel northwesterly and near Lafayette Street. The area of the easement is 9,122 SF (0.21 acres), and is an irregular shape. At its narrowest, it is approximately 10', and at its widest, approximately 43' near Lafayette Street. MEC is requesting to construct new underground electric feeder circuits within the proposed easements, with said circuits serving areas near downtown. Enclosed with this letter, please find the easement plat with the legal description, and an easement agreement from MidAmerican Energy for the Mayor and City Clerk's signatures. We would ask for approval of the easement and the preparation of a resolution approving the request. Expenditure Required. None. Source of Funds: n/a Policy Issue: Infrastructure, Economic Development Alternative: n/a Background Information: Legal Description: See attached legal description. NA: to Cc: Eric Thorson, City Engineer --file-- CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 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 UNDERGROUND ELECTRIC EASEMENT Folder No. 353-13 Work Req. No. DR2377195 Project No. 31155 State of Iowa County of Black Hawk Section 23 Township 89 North Range 13 West of the 5th 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 (Grantor), its successors and assigns, does hereby grant to MIDAMERICAN ENERGY COMPANY (Grantee), its successors and assigns, and Grantee does hereby accept, 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"), all of which is subject to the terms and conditions of this agreement. DESCRIPTION OF PROPERTY CONTAINING EASEMENT AREA: A portion of Parcel "H" and a portion of the Sycamore Street Right -of -Way lying between Mullan Avenue and Lafayette Street in Section 23, Township 89 North, Range 13 West of the 5th Principal Meridian, City of Waterloo, Black Hack County, Iowa. EASEMENT AREA: An irregularly shaped underground electric easement over, under, across and through part of the previously described tract of land, more accurately described and depicted on the "Easement Plat" 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 has first notified Grantor of any obstructions and has received the written approval of Grantor for removal of such obstructions. After removal of obstructions, 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 14 days' advance written notice to Grantee and giving Grantee an opportunity to discuss any concerns regarding interference with the Grantee's rights to operate and maintain its facilities. The parties agree to cooperate promptly and in good faith to resolve concems. 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 reasonably determines interferes with the operation and maintenance of the facilities and associated equipment. The cutting, re -cutting, 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 so long as the work is undertaken according to the standards set forth in the ordinance by which Grantor granted an electrical system franchise to Grantee (the "Franchise"). 5. Additionally, when Grantee 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. To the extent not in conflict with this agreement, the parties agree that the easement and the activities of the parties in relation thereto shall be governed by the Franchise. Dated this day of , 2013 City of Waterloo, Iowa By: Emest G. Clark, Mayor ACKNOWLEDGMENT STATE OF IOWA ) ) ss COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on , 2013, By Ernest G. Clark as Mayor of the City of Waterloo, Iowa. Notary Public in and for said State MidAmerican Energy Company By: Name: Title: ACKNOWLEDGMENT STATE OF IOWA COUNTY OF ) ss This instrument was acknowledged before me on , 2013, by as of MidAmerican Energy Company. Notary Public in and for said State I.ECAL DESCSIPTIO6( A PORTION OP PARCEL 'H' AND A PORTION CF THE SYCAMORE STREET 800NT.01, WAY LYBNO BETWEEN MULLAH AVENUE AND LAFAYETTE STREET IN SECTION 23. TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5. PRINCIPAL MERIDIAN, CITY OF WATERLOO, SLACK HAWK COUNTY, IOWA MORE PARTICULARLY DESCRIBED A8 FOLLOWS IJSIGIN IRO AT THE NORTHEAST CORNER OF PARCEL `TP ACCORDING TO 7738 PIAT OFSURVEY, RECO5fl 2AS DOCUMENT NUMBER 2007017395IN THE RECORDS OFTHE BLACK HAWK QOIRNTY Eh'CORDB rs mica; THENCE SOUTHWESTERLY, 18496 FEET ALONG IH8 EASTERLY LINE OF SAID PARCEL `IP AND AN ARC OF A 93453 FOOT RADEIS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 181.68 FOOT CHORD BEARS SIO'4TITVIVI IENCE SOUTHEASTERLY, 19733FEST ALONG SAID EASTERLY LINE OF PARCEL 'IP AND AN ARC OF A 747,01 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 19944 FOOT CHORD DEARS 301'30'46'$ THENCE 3490'0011014, 37.50 FRET; MENDS: SW°00'00"W, 847 FEET; THENCE SOUTIHVESTDRLY, 4058 FEET ALCM AN ARC OP A 34.15 FOOT RADIUS CURV$ CONCAVE SOUTHEASTERLY, WHOSE 38.23 FOOT CHORD BEARS 028^16'01'W; THENCE 06413'41"W, 3448 T7'9T; THENCE NORTHWESTERLY, 0289 PEET ALONG AN ARC OF AN 837.79 FOOT RADIUS cURV0, CONCAVE NORTHEASTERLY, WHOM 6288 FOOT CHORD BEARS NO2'41OTW; THENCE NPo073'4r1, 159.77 PEST; THENCE NORTHEASTERLY, 91.13 FEET ALONG AN ARC OF A 18233 FOOT RADIUS CURVE, CONCAVE SOUTHEASTE:EY, WHOSE 9148 FOOT CHORD BEARS 1402'56'50'P, THEWS N05154'53'0, 55.44 FEET; THENCE NORTHWESTERLY. 6397 FEET MONO AN ARC OF A 90.00 FOOT RADIUS CURVE, commis 001HHWH8TEtLY, W1I0 349430 POET CHORD DEARS N13'35105 W; TIIBNCM N50.02'447. 2359 PET TO A POINT ON TIME NORTHIMSTE4LY LINE OF SAID PARCEL 7P; THENCE 848°9PEC$, A1.003 SAID NORTHEASTERLY LINE, 4396 PEST TO TIM POINT OF 1l0O04NIW0 CONTAINING 0.21 ACRE (9.122 SQUARE P8EI) AND IS SUBJECT TO EASEMENTS AND 14091EC170NS OF RECORD. LEGEND AND NOTES COcorMONAL CORNER. A O— LE098SSM �LATIONPRIPEMY — PROPERTY CORNERSME (m noted) ,b0000d eIton UO`WMY�R', pbaUO ED Cap ® — an. le PROPERTY &jar BDUFEARY IWE3 -- —^ --- CDTMEWMIAL WORM LEES ROHT—OF—WAY LEES ^_ LINES LOTUNE9, 01TFRNAL "— ---- — LOT IMES PLATTED OR 89 DEED - mood UN0g, tom & PURPOSE NOTED ENWEO EA8EYEt1T UBFS, PURPOSE NOTED (R) — RECORDED DIMENSIONS M — MEASURED DDIENR10618 — CURVE SEOMPI2. NUMBER —1 6181100 NOTED ORER8150 ALL 00,040033 ARE 81 FEET AM 10.8986001164 e 1a4.98'(94) 184.94'((R) EAT. I hereby certify that Ode Wed s8veyU39 doe0ma08 was properod and the related maw work was 9078903 d by me o under my Areal persona 193910.01,8 and that I am a duly lloeneed land Surveyor under the lap of the State a4 Iowa. t>.. _D /Yj,0. ems„ I4.L7 282,3 OENI 0. LERNER, L.S. lawn Lis No. ales My Remo renewal dale l0 December 31, 20/j P ope6 or Mode 000ered by mba man -17 0:9,48839,4003.026—\4869307534.9 10/81/7833 8.11120 6u WT \ \• N —PREPARED E9 AND RETURN T0: 046(S CONSULTANTS, LIC. 1317 S. ORBERT ST. ,OSA OW, IOWA 52240 (310)551-8282 EASEMENT PLAT ELECTRIC UTILITY EASEMENT CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA EASTERLY EOE OF NCRETE MAL EXISI390 RECREATION PA1DYAY EASEMENT AREA - 0.21 ACRE (9,122 80. FT.) Av(roR's PAM RAT EASTERLY EDGE OF COMEETE TRAIL EASTERLY \EWE OF TRAIL FOUND 1/2'o REBAR moi; �3e6113N6.. e E ®i1 ' SII 51[�� r9IT: LLd13latGRL130U M1 -MAI. lid CHORD ©t?ri7T66t!„ 1GT:9NABSMYf3I O ©i1 L9IFEVIIIM1 WOII ✓. 1<111gilIRZ9EnKrabi WAR WM. MI 11127■tTYS I:111 i€9t*lr�i1Frrylil 1•97ri.516•I.1171 rgil:r1Tt 1 o tot sFr•9 911FREnWI71171911 r»(.rZ LEGEND AND NOTES COcorMONAL CORNER. A O— LE098SSM �LATIONPRIPEMY — PROPERTY CORNERSME (m noted) ,b0000d eIton UO`WMY�R', pbaUO ED Cap ® — an. le PROPERTY &jar BDUFEARY IWE3 -- —^ --- CDTMEWMIAL WORM LEES ROHT—OF—WAY LEES ^_ LINES LOTUNE9, 01TFRNAL "— ---- — LOT IMES PLATTED OR 89 DEED - mood UN0g, tom & PURPOSE NOTED ENWEO EA8EYEt1T UBFS, PURPOSE NOTED (R) — RECORDED DIMENSIONS M — MEASURED DDIENR10618 — CURVE SEOMPI2. NUMBER —1 6181100 NOTED ORER8150 ALL 00,040033 ARE 81 FEET AM 10.8986001164 e 1a4.98'(94) 184.94'((R) EAT. I hereby certify that Ode Wed s8veyU39 doe0ma08 was properod and the related maw work was 9078903 d by me o under my Areal persona 193910.01,8 and that I am a duly lloeneed land Surveyor under the lap of the State a4 Iowa. t>.. _D /Yj,0. ems„ I4.L7 282,3 OENI 0. LERNER, L.S. lawn Lis No. ales My Remo renewal dale l0 December 31, 20/j P ope6 or Mode 000ered by mba man -17 0:9,48839,4003.026—\4869307534.9 10/81/7833 8.11120 6u WT \ \• N —PREPARED E9 AND RETURN T0: 046(S CONSULTANTS, LIC. 1317 S. ORBERT ST. ,OSA OW, IOWA 52240 (310)551-8282 EASEMENT PLAT ELECTRIC UTILITY EASEMENT CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA EASTERLY EOE OF NCRETE MAL EXISI390 RECREATION PA1DYAY EASEMENT AREA - 0.21 ACRE (9,122 80. FT.) Av(roR's PAM RAT EASTERLY EDGE OF COMEETE TRAIL EASTERLY \EWE OF TRAIL FOUND 1/2'o REBAR moi; �3e6113N6.. e IIMAINLasikli WNW -MAI. lid 144.1.0i.41 ©t?ri7T66t!„ WOII •••=111111.,44.-144 WAR WM. MI 1.1.1.101,Z144 n 1•97ri.516•I.1171 POINT OF BEGINNING (NE CORNEFI OF PARCEL 'H') 9101338 1 0 E0. 83 97661906 81TH 76.13 8DEWAIR 22. \ ,: EASTERLY / " "� 2) \,/'" ,,, PA14CEE1' I9 /" .� \� 012 IO 80 80 120 GRAPHIC SCALE IN PEST 1'+120' PROPRIETOR: CITY OF 8ATEHLoo,toWA SURVEY REQUESTED BY: MIDAMERICAN ENERGY OCTOBER 16, 2013 DATE OF SURVEY: M M CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPEARCMfECTS ENVIRONMENTAL SPECIALISTS 1817 S. GILBERT ST. IOWA CITY, IOWA 62240 (319)361-8282 www.mmsconsultants.net Revlelon EASEMENT PLAT ELECTRIC UTILITY EASEMENT A PORTION OF PARCEL 'If AND Agin OF THE SYCAMORE STREET ROAD MORAY LOCATED IN SEC.23•T89N'R13W OF THE 5TH P.M. CITYOFWATEIAOO, NA(1<RECOUIRY, IOWA MMS CONSULTANTS, INC. Deka' 10/17/2013 slrrvogod bej.Mold Book EL 1043 Drawn by. smote, MAS 9 C1y hecked GDM Shoot No. Protect No. IC 4863-028 oP. 1