HomeMy WebLinkAboutMidAmerican Energy Company-12/10/2012lease return this copy to:
CityClerk & Finance Department
715 Mulberry Street
Waterloo, IA 50703
'Prepared by and return to: Jay Peterson, MidAmericanEnergy Company, Right of Way Services
P.O. Box 657, Des Moines, Iowa_50303
MIDAMERICAN ENERGY COMPANY
OPTION FOR ELECTRIC LINE EASEMENT
Tract No. BH -008
State of Iowa, County of Black Hawk
General Legal Description: Tract in the SE1/4SE1/4 Sec. 8 — T88N — R13W
Project No. 22315
OPTION AND EASEMENT
The undersigned owner(s), City of Waterloo, Iowa, hereinafter referred to as "Grantor",
in consideration of the sum of Two Hundred Sixty Dollars and No Cents ($260.00 )
receipt of which is hereby acknowledged, grant to MIDAMERICAN ENERGY
COMPANY, an Iowa corporation, its successors and assigns, hereinafter referred to as
"Company", the right (hereinafter referred to as an "Option"), for and during the period
of twenty-four (24) months from the date hereof, to acquire for the further consideration
of One Thousand Forty Dollars and No Cents ($1,040.00 ), upon exercise of said Option
and as hereinafter agreed to, a perpetual, non-exclusive right-of-way easement upon,
over, under, across, and along the land situated in the County of Black Hawk, State of
Iowa, and as more specifically described and shown on the attached Exhibit A, and by
this reference made a part hereof.
This right of way grant, following exercise of the Option, will be for the purposes of
constructing, reconstructing, patrolling, operating, maintaining and removing electric
lines to be located on said premises, including the necessary pole structures, wires, and
other appurtenances for the distribution and transmission of electric energy and
communications, together with the power to extend to any other party the right to use,
jointly with the Company, any structure placed pursuant to the terms hereof, such lines to
form a part of an electric distribution and transmission system.
Company shall have the irrevocable right, commencing upon the date of the exercise of
this Option, to survey the property; to conduct engineering and associated investigations
including, but not limited to, core boring and soil testing; to trim or remove any trees or
other vegetation growing in said easement area which, in the judgment of Company, may
interfere with or endanger said electric lines; to install access gates to said easement area
in the fences on the property of Grantor, and of ingress and egress over said land.
Damages to fences, livestock, crops or other property of Grantor, their successors and
assigns, by Company while exercising any of the rights granted herein shall be paid by
Company to the party damaged.
Subject to the rights of Company hereunder, Grantor shall have the right to cultivate, use
and occupy the easement area hereinbefore described and to grant to third parties rights
of use therein, except that no structure or object, permanent or temporary, shall be
erected, no wells shall be drilled, no storage of materials of any kind, nor shall any
ground elevation changes be made, on said easement area without the written consent of
Company, which consent shall not be unreasonably withheld, conditioned or delayed, that
no brush or other inflammable materials shall be deposited or accumulated or burned
upon said easement area, and that no act shall be performed which violates the clearance
requirements of the National Electrical Safety Code and/or the rules of the Iowa Utilities
Board or its successor.
Upon exercise of the Option, all the foregoing provisions shall constitute the easement
granted to the Company by Grantor.
LICENSE
During the period of the Option granted herein, Company shall have the irrevocable right,
commencing upon the date of the execution of this instrument, to survey the property; to
conduct engineering and associated investigations including, but not limited to, core
boring and soil testing; to cut down, trim and spray any trees and shrubs growing in or
adjacent to the above-described easement area as may be necessary, in the judgment of
Company, to conduct the aforementioned surveys and investigations; and of ingress and
egress over said land of Grantor.
Damages to fences, livestock, crops or other property of Grantor, their successors and
assigns, by Company while exercising any of the rights granted herein shall be paid by
Company to the party damaged.
Subject to the rights of Company hereunder, Grantor shall have the right to cultivate, use
and occupy the easement area hereinbefore described, and to grant to third parties rights
of use therein, except that no structure or object, permanent or temporary, shall be
erected, no wells shall be drilled, no storage of materials of any kind, nor shall any
ground elevation changes be made, on said easement area without the written consent of
Company, which consent shall not be unreasonably withheld, conditioned or delayed, that
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Grantor Inti
no brush or other inflammable materials shall be deposited or accumulated or burned
upon said easement area, and that no act shall be performed which violates the clearance
requirements of the National Electrical Safety Code and/or the rules of the Iowa Utilities
Board or its successor.
EXTENSION OF OPTION
The Company shall have the right, at the sole option of the Company, to extend the
herein granted Option for a period of six months, by delivery to Grantor of written notice
of election to extend the Option period. The notice shall be delivered, and additional
consideration of Five Hundred Dollars ($500.00) shall be paid to Grantors- no later than
thirty (30) days before expiration of the original Option period. The extension shall
commence immediately upon expiration of the original Option.
EXERCISE OF OPTION
The Option granted herein shall be deemed exercised by Company, and the easement
rights agreed upon herein shall be deemed granted, upon the recording of a Notice of
Exercise of Option in the office of the Recorder of Deeds in the county in which the
property is situated, before expiration of the Option period No later than the date that the
Notice of Exercise of Option is submitted to the Recorder for filing, the Company shall
deposit a copy of said notice in the United States mail in a prepaid sealed envelope
addressed to Grantor at its last known address. A check, payable to Grantor in the
amount of the further consideration stated above, shall accompany the Notice of Exercise
of Option.
TERMINATION OF OPTION
If the Company shall not elect to exercise the Option herein, or shall fail to exercise same
within the time(s) hereinbefore provided, the Option shall terminate without further
action and all rights granted hereunder shall become null and void. Amounts paid to
Grantor hereunder before the date of termination are non-refundable.
It is mutually understood and agreed that this instrument covers all of the agreements and
stipulations between the parties and that no representations or statements, oral or written,
have been made modifying or changing the terms hereof.
NOTICE TO ANY SUBSEQUENT PURCHASER OF THE PROPERTY
The rights to further consideration in this Option are considered to belong to the Grantor.
For the Company to recognize any assignment of those rights to a subsequent purchaser
of this land there must be a valid written assignment of those rights by the Grantor and a
copy of that assignment must be provided to the Company before the Option is exercised.
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Signed, sealed and delivered this day of Deet i'l'l , 2012.
CITY OF WTEROO, IOWA
By:
Ernest G. Clark, Mayor
Attest`'
uzy Scharer, City Clerk
GRANTOR ACKNOWLEDGMENT
STATE OF IOWA
ss
COUNTY OF BLACK HAWK `
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This instrument was acknowledged before me on -1 U_LARI X' t) , 2012,
by. Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City
of Waterloo, Iowa.
wt. kto-
Notary Public in and foir aiState
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MIDAMERICAN ENERGY COMPANY
By:
Jeffery J. Gust
Vice President, Compliance and Standards
STATE OF IOWA
COUNTY OF POLK
COMPANY ACKNOWLEDGMENT
SS
This instrument was acknowledged before me on , 2012,
by Jeffery J. Gust as Vice President, Compliance and Standards of MidAmerican
Energy Company.
Notary Public in and for said State
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