HomeMy WebLinkAboutMid American Energy Underground Electrical Easement 04.04.2022Prepared by and return to: Tyler Gartenberg 515-281-2334
MIDAMERICAN ENERGY ATTN: RIGHT-OF-WAY SERVICES PO BOX 657 DES MOINES, IA 50306-0657
MIDAMERICAN ENERGY COMPANY
UNDERGROUND ELECTRIC EASEMENT
Folder No. 108345-22
Work Req. No. DR2927811X
Project No. D5A4X
State of Iowa
County of Black Hawk
Section 14
Township 88 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, as successor to
the Waterloo Board of Park Commissioners, its successors and assigns ("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
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").
DESCRIPTION OF PROPERTY CONTAINING EASEMENT AREA:
The Northeast Quarter of Section No. Fourteen (14), Township No. Eighty-eight (88) North, Range
No. Thirteen (13) West of the Fifth (5th) Principal Meridian in Black Hawk County, Iowa, subject to
legal highways and excepting the following described premises:
Commencing at a point on the Easterly line of said Section Six Hundred Forty-five (645) feet South
of the Northeasterly corner thereof; thence South along said East line a distance of Six Hundred
Seventy-five (675) feet; thence Westerly parallel to the North line of said Section a distance of
Seven Hundred Seventy-four and Four -tenths feet (774.4); thence North parallel to the said East
line a distance of Six Hundred Seventy-five (675) feet; thence Easterly parallel to the Northerly line
of said Section a distance of Seven Hundred Seventy-four and Four -tenths (774.4) feet to the point
of beginning.
EASEMENT AREA:
An underground electric easement described as follows:
Beginning at the northeast corner of the above described property, thence west along said north
property line a distance of one thousand (1,000) feet, thence due south ten (10) feet, thence east
parallel to the north property line a distance of one thousand (1,000) feet, thence north along the
east property line ten (10) feet to the point of beginning.
2. Additionally, Grantee shall have the right to remove from the Easement Area described
above, 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.
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 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.
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
(except for damage to 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. 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 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.
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 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 of 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.
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 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.
Dated this 4th day of April , 2022
City of Waterloo, as successor to the Waterloo Board of Park Commissioners
By:
Its: Mayor
Print: Quentin Hart
STATE OF IOWA )
) ss
COUNTY OF BLACK HAWK )
ACKNOWLEDGMENT
This record was acknowledged before me on April 4
Quentin Hart as Mayor
Waterloo, as successor to the Waterloo Board of Park Commissioners.
,2022,by
of the City of
Sig re of Notary Public
Sheryl D. Akin
Exp. 5/11/22
Legend
EXHIBIT
"A"
Subject Property Line & ROW
-
10 Foot Wide Easement
E. Shaulis Road
Area
s,000'
E. Shaulis Road
0
2
N
0
0
d
Q
lammond Avenue
m
N
N
0
d
Q
me, MIDAMERICAN
ENERGY COMPANY
Customer: Waterloo Board of Park Commissioners
Folder No. 108345-22
N.
Address: 1830 E Shaulis Road
Scale: Not to Scale
Date: 3/23/2022
City: Waterloo State: Iowa
Sec 14, T 88, R 13
Job Desc: Underground Electric Easement