HomeMy WebLinkAboutMidAmerican Energy - Permanent Easement Agreement - 12/9/19Prepared by and return to: (Craig Kimble) (515-281-2604)
MIDAMERICAN ENERGY ATTN: RIGHT-OF-WAY SERVICES PO BOX 657 DES MOINES, IA 50306-0657
MIDAMERICAN ENERGY COMPANY
ELECTRIC VEHICLE CHARGING STATION EASEMENT
1. City of Waterloo, Iowa, its successors and assigns ("Grantor"), grants to MIDAMERICAN
ENERGY COMPANY, its successors and assigns ("Grantee"), a perpetual easement, together
with the right to survey the property and the right of ingress thereto, and egress therefrom, upon,
over, under and across the property hereinafter described and all the rights and privileges incident
and necessary to the enjoyment of this easement ("Easement Area"), to erect, construct, modify in
size, improve, reconstruct, relocate, inspect, repair, maintain, remove and use of an electric vehicle
charging station ("EV Station"), and other reasonably necessary equipment incident thereto
(collectively "Facilities") hereinafter set forth, upon, over, under and across the property described
below.
DESCRIPTION OF PROPERTY CONTAINING EASEMENT AREA:
A PART OF BLOCK 2 AND BLOCK 3 AND WEST 2ND STREET RIGHT OF WAY, ALL PART OF
THE ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF
WATERLOO, BLACK HAWK COUNTY, IOWA
DESCRIPTION OF EASEMENT AREA:
BEGINNING AT THE SOUTHERLY CORNER OF LOT 10 OF SAID BLOCK 3; THENCE
NORTH 41° 46' 40" EAST ON THE SOUTHEASTERLY LINE OF SAID LOT 10, A
DISTANCE OF 38.00 FEET; THENCE NORTH 48° 13' 20" WEST, 20.00 FEET; THENCE
NORTH 41° 46' 40" EAST, 20.00 FEET; THENCE SOUTH 48° 13' 20" EAST, 20.00 FEET TO
SAID SOUTHEASTERLY LINE; THENCE NORTH 41° 46' 40" EAST ON THE
SOUTHEASTERLY LINE OF SAID LOT 10 AND LOT 1 OF SAID BLOCK 3, A DISTANCE
OF 142.00 FEET; THENCE SOUTH 48° 13' 20" EAST, 320.00 FEET TO THE
SOUTHEASTERLY LINE OF LOT 2 IN SAID BLOCK 2; THENCE SOUTH 41° 46' 40"
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EVSTATION 7-23-19
WEST ON SAID SOUTHEASTERLY LINE, 20.00 FEET; THENCE NORTH 48° 13' 20"
WEST, 300.00 FEET; THENCE SOUTH 41° 46' 40' WEST, 160.00 FEET; THENCE SOUTH
48° 13' 20" EAST, 60.00 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF
WEST 2ND STREET; THENCE SOUTH 41° 46' 40" WEST ON SAID SOUTHEASTERLY
LINE, 20.00 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF COMMERCIAL
STREET; THENCE NORTH 48° 13' 20" WEST ON SAID NORTHEASTERLY LINE, 80.00
FEET TO THE POINT OF BEGINNING AND CONTAINING 11,600 SQUARE FEET AS
GENERALLY DEPICTED ON EXHIBIT A, ATTACHED HERETO AND MADE A PART
HEREOF.
2. Facilities includes such underground conduits, pipes, manholes, service boxes, wires,
cables, and electrical conductors; aboveground marker posts, risers, and service pedestals;
underground and aboveground switches, fuses, terminals, and transformers with associated
concrete pads; electric vehicle charging supply equipment, bollards and/or curbs or other
associated safety equipment, associated signage; and fixtures and appurtenances necessary to any
and all thereof, as Grantee deems necessary for the distribution of electric energy and
communication purposes located within the Easement Area.
3. Grantee agrees that upon receiving a request in writing, it will at Grantor's expense, survey,
prepare and record an amendment to this easement, setting forth the final description of said
Easement Area.
4. It is understood and agreed by Grantor, and its successors -in -interest, that its interest shall
be subordinate to the amended easement description as if the amended Easement Area description
was fully set forth at the time of this grant.
5. Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed,
any building, structure, fence, trees, plants or drill or dig, within this Easement Area.
6. Grantor shall provide at all times, a delineated space surrounding each EV Station, so that
each EV Station may be accessed and used by an electric vehicle for charging.
7. Grantor shall not increase or decrease the ground surface elevations within the Easement
Area after installation of Grantee's Facilities, without prior written consent of Grantee.
8. Grantee shall have the right but not the duty, to trim or remove trees and brush along or
adjacent to the Easement Area and remove roots from within the Easement Area whenever Grantee
deems it necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove trees
and brush to prevent danger or hazard to property or persons.
9. This easement shall be binding upon and inure to the benefit of successors, heirs, executors,
administrators, permittees, licensees, agents or assigns of Grantor and Grantee.
10 In the event the Electric Vehicle Charging Station Site Host Agreement is terminated and
the EV Stations are removed, this easement may be terminated at the written request of Grantor.
Grantee shall upon written demand therefor execute and record a release of easement, at Grantor's
expense.
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EVSTATION 7-23-19
11. 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.
12. In consideration of such grant, Grantee agrees that it will repair or pay for any damage
which may be caused to 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.
13. 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 the 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.
14. 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 of 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.
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EVSTATION 7-23-19
IN WITNESS WHEREOF, Grantor executed this instrument this
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City of Waterloo, Iowa
BY: ()..t.ret.aV'
Name Typed: uider*rN
Title:
STATE OF
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COUNTY OF
ACKNOWLEDGMENT
This record was acknowledged before me on
day of e..G24rl(ce'''
, 2021:,)
by of
NANCY H!GBY
COMMISSION NO.788229
MY 5MMIS5IONPIRES
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EVSTATION 7-23-19
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SCALE (FEET)
OWNER(S)
CITY OF WATERLOO, IOWA
EASEMENT AREA
11.600 SOAURE FEET
PROPERTY & EASEMENT DESCRIPTIONS
SEE SHEET 2 OF 2
PARCEL BOUNDARY LINE
SECTION LINE & 1/4
SECTION
1/4 1/4 SECTION LINE
r ELECTRIC EASEMENT
• FOUND CORNER
MIDAMERICAN ENERGY COMPANY
BLACK HAWK COUNTY
O.P. WEST SIDE CEDAR RIVER
BLK 2 AND BLK 3
DRAWN BY: JWI
CHECKED:
DATE: 03-11-2020
SCALE: 1'=100'
APPROVED:
APPROVED:
EXHIBIT "A"
SHEET 1 OF 2
TRACT NO.
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PROPERTY LEGAL DESCRIPTION
PART OF BLOCK 2 AND BLOCK 3 OF THE ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR
RIVER IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA
ELECTRIC EASEMENT AREA DESCRIPTION
A PART OF BLOCK 2 AND BLOCK 3 AND WEST 2ND STREET RIGHT OF WAY. ALL PART OF THE
ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO, BLACK HAWK
COUNTY, IOWA AND DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHERLY CORNER OF LOT 10 OF SAID BLOCK 31 THENCE NORTH 41° 46' 40"
EAST ON THE SOUTHEASTERLY LINE OF SAID LOT 10. A DISTANCE OF 38.00 FEET: THENCE NORTH
48° 13' 20" WEST, 20.00 FEET: THENCE NORTH 41. 46' 40" EAST, 20.00 FEET: THENCE SOUTH 48°
13' 20" EAST, 20.00 FEET TO SAID SOUTHEASTERLY LINE: THENCE NORTH 41. 46' 40" EAST ON THE
SOUTHEASTERLY LINE OF SAID LOT 10 AND LOT 1 OF SAID BLOCK 3, A DISTANCE OF 142.00 FEET;
THENCE SOUTH 48° 13' 20" EAST, 320.00 FEET TO THE SOUTHEASTERLY LINE OF LOT 2 IN SND
BLOCK 21 THENCE SOUTH 41° 46' 40" WEST ON SAJD SOUTHEASTERLY LINE, 20.00 FEET: THENCE
NORTH 48° 13' 20" WEST, 300.00 FEET; THENCE SOUTH 41° 46' 40' WEST, 160.00 FEET: THENCE
SOUTH 48°13' 20" EAST, 60.00 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF WEST 2ND
STREET; THENCE SOUTH 41° 46' 40" WEST ON SAID SOUTHEASTERLY LINE, 20.00 FEET TO THE
NORTHEASTERLY RIGHT OF WAY LINE OF COMMERCIAL STREET: THENCE NORTH 48° 13' 20" WEST
ON SAID NORTHEASTERLY LINE, 80.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 11,600
SQUARE FEET.
MIDAMERICAN ENERGY COMPANY
BLACK HAWK COUNTY
O.P. WEST SIDE CEDAR RIVER
BLK 2 AND BLK 3
DRAWN BY: JWI DATE: 03.11-2020
CHECKED: SCALE: 1"=100'
APPROVED: APPROVED:
EXHIBIT "A"
SHEET 2 OF 2
TRACT NO.
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