HomeMy WebLinkAboutMid American Energy-Perpetual Easement Agreement-08.20.2007 eco ` , aoo7— 7/.3
The undersigned owner(s), MidAmerican Energy Company, an Iowa corporation
its successors and assigns, hereinafter referred to as "the Grantor", in consideration of$1.00, and other valuable
consideration,receipt of which is hereby acknowledged,hereby grants to the City of Waterloo,Iowa,a municipal
corporation, hereinafter referred to as "the Grantee", a perpetual easement for the purpose of constructing,
reconstruction, operating and maintaining a recreational pathway not to exceed 10(ten)feet in width,for bicycle and
pedestrian purposes upon,over and along the real estate located in the City of Waterloo,Black Hawk County,Iowa,
described as follows (the "Easement Area"):
Legal description of Easement Area
SEE ATTACHED PLATS
The Grantee shall construct the recreational pathway in such a manner so as not to interfere with the Grantor's usage
of the Easement Area to access Grantor's facilities. The Grantor shall permit the Grantee a reasonable right of entry
for the purpose of constructing, reconstructing, operating and maintaining the recreational pathway.
The Grantee shall pay the entire cost of constructing,reconstructing,operating and maintaining the said recreational
pathway. All of said work shall be done in a good and workmanlike manner and in accordance with the plans,
specification and profiles,specifically including date of commencement of work,to be prepared by the Grantee and
submitted for approval to the Grantor. No mechanics liens shall be filed against Grantor's property. The Grantee
acknowledges that the Easement Area is part of a former electric generating plant site, and that by-products or
wastes from these operations and foundations of buildings may have remained on the Easement Area. The Grantee
shall notify the Grantor twenty-one (21) days prior to commencing any construction or excavation occurring less
than three (3) feet below the Surface Grade on the Easement Area. "Surface Grade" is defined as the grade in
existence on the date of this Easement. Grantee shall not conduct or allow any construction or excavation activities
more than three (3) feet below Surface Grade on the Easement Area without the prior written consent of Grantor.
Any other work upon the Easement Area shall not be commenced by the Grantee until Grantor's prior written
approval is obtained. Such approval shall not be unreasonably withheld. The Grantor reserves the right to have a
representative present during construction,repair or maintenance activities on the Easement Area by Grantee,but in
no way waives any rights under this easement grant by failing to have said representative present. The Grantee shall
promptly repair any 'damages to Grantor's property caused by Grantee and restore such property as near as
reasonably possible to its original condition.
Grantee acknowledges that the recreational pathway crosses Grantor's access road to Grantor's facilities. Grantee
agrees to maintain the recreational pathway, even if the damages to it are caused by Grantor's traffic.
The Grantee shall at all times maintain at its expense the recreational pathway in a safe, secure and sanitary
condition in accordance with all applicable laws, ordinances and requirements. All rights and interest to said
property shall revert to the Grantor if the Grantee vacates,abandons or ceases to use said easement with the intent to
permanently vacate, abandon or cease to use said easement.
The Grantee agrees that it will at all times defend,indemnify and hold harmless the Grantor,its tenants, agents and
employees, affiliates,officers and directors against all claims,demands,actions and causes of actions,including,but
not limited to,judgments,settlements,attorneys'fees and court costs in connection therewith,arising or growing out
of loss or damage to property or injury to or death of any persons resulting in any manner from the construction,
reconstruction, maintenance or usage of the said recreational pathway or Real Estate, excluding only all loss,
damage, claims, demands and suits resulting from the negligence or willful acts of the Grantor which are the sole
proximate cause thereof.
If necessary, the Grantor, and federal, state and local entities shall have the right to conduct investigation and
remediation activities on the Easement Area as required,including,but not limited to,the placement of monitoring
wells, sampling of such wells, and the installation and operation of a groundwater treatment system, if necessary.
Further,the Grantor shall have the right to retain its existing facilities and other improvements at the location of this
easement, and shall also have the right at any and all times in the future to construct,reconstruct,operate,maintain
and remove its facilities as it may from time to time elect and that any damage to the recreational pathway during the
Grantor's usage of the said pathway to access its facilities will not be the responsibility of the Grantor to repair
unless caused solely by the negligence of the Grantor.
The easement is nonexclusive and the Grantor reserves the right of ingress,egress and usage of the premises in the
discharge of its duties and responsibilities.
IN WITNESS WHEREOF, the parties have executed the easement on this 'a day of
4149us r , 2007.
MIDAMERICAN ENERGY COMPANY
ATTEST:
By: By:
Name: James Averweg Name:
Title: Vice President Engineering Title:
•
CITY OF WATERLOO, IOWA
ATTEST:
By: y-- 5/1...4,45
-
Name: By. �
Title: Mayor Name:
Title: City Clerk
STATE OF IOWA •
: SS
COUNTY OF SCOTT
This instrument was acknowledged before me on , 2007, by
James Averweg as Vice President, Engineering for MidAmerican Energy Company.
Notary Public in and for the State of Iowa
STATE OF IOWA
: SS
COUNTY OF
This instrument was acknowledged before me on , 2007, by
as for MidAmerican Energy Company.
Notary Public in and for the State of Iowa
STATE OF IOWA
:SS
COUNTY OF BLACKHAWK:
On this_ G"'^ day of j-1) ,2007,before me,the undersigned,a Notary Public in and for the state of
Iowa, personally appeared kiirkithel yo me known to be the Mayor and City Clerk,respectively,
of the City of Waterloo; that the seal affd is the corporate seal of the City, and that instrument was si a e dand
sealed on behalf of the City,by authority of its City Council as contained in the resolution passed on the A ' day of
,AuSu3---- , 2007 by the City Council of the City of Waterloo, Iowa, and that the Mayor and the City Clerk
acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of
the City, by it voluntarily executed.
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ota Public in and for the i- of Iowa
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