HAMPTON CHRONICLE • SECTION B
PUBLIC NOTICES
PUBLIC NOTICE Karr Properties NOTICE OF SALE The contents of Storage Unit #1 Located at: 1415 4th Street, Hampton, IA 50441 And rented in the name of: Brenda Maise Will be sold at public auction sale on: April 5, 2016 at 11 a.m. Contents of said unit consist in part of: personal, household, and misc. items MINIMUM BILL WILL HAVE TO BE $450.00 per unit If the tenant of the above storage unit pays the rent due before the auction, the sale will be canceled without notice. Published in the Hampton Chronicle on March 23 and 30, 2016.
PUBLIC NOTICE Notice of Petition TO FERNANDO LOPEZ LURVEY (OR) ALL PUTATIVE FATHERS OF A CHILD BORN ON THE 8th DAY OF APRIL, 2015 You are noti¿ed that there is now on ¿le in the of¿ce of the clerk of court for Franklin County, a Petition for Termination of Parental Rights in case number JVJV500471 which to a child born on the 8th day of April, 2015. Further details contact the clerk’s of¿ce. You are noti¿ed that there will be a hearing on the petition for termination of parental rights before the Iowa District Court for Franklin County, at the Courthouse in Hampton, Iowa on the 18th day of April, 2016 at 1:30 p.m. The Petitioner’s attorney is Brent J. Symens Published in the Hampton Chronicle on March 16, 23 and 30, 2016.
PUBLIC NOTICE Sheriff’s Levy and Sale PUBLIC NOTICE NOTICE OF SHERIFF’S LEVY AND SALE STATE OF IOWA IOWA DISTRICT COURT COURT CASE EQCV501271 FRANKLIN COUNTY SPECIAL EXECUTION Wells Fargo Bank, N.A., Plaintiff vs. Duann M. Witt; Mitchell M. Witt, Jr.; Quad Corp; and Parties in Possession, et al, — IN REM, Defendants As a result of the judgment rendered in the above referenced court case, an execution was issued by the court to the Sheriff of this county. The execution ordered the sale of defendants’ Real Estate to satisfy the judgment. The property to be sold is described below: Lot Two (2) in Block Three (3) of Victory Park Addition to Hampton, Franklin County, Iowa Local Address: 453 11th Avenue NE, Hampton, IA 50441 The described property will be offered for sale at public auction for cash only as follows: Date of Sale: 05/11/2016 Time of Sale: 10:00 a.m. Place of Sale: Front door of Sheriff’s of¿ce in Hampton, Iowa Redemption: No Redemption Damages Amount: $$57,734.70 Costs: $4,229.77 Accruing Costs: PLUS Interest: From 12-10-15 = $2,715.80 + $1,348.46 = $4,064.26 Attorney: David Erickson 215 10th St., Suite 1300 Des Moines, IA 50309 (515) 288-2500 Date: March 16, 2016 Sheriff Larry Richtsmeier Franklin County, Iowa Civil Clerk: /s/Heidi Hilton Published in the Hampton Chronicle on March 30 and April 6, 2016.
PUBLIC NOTICE Dissolution of Marriage ORIGINAL NOTICE BY PUBLICATION NOTICE OF DISSOLUTION OF MARRIAGE STATE OF IOWA IOWA DISTRICT COURT COURT CASE CDDM500428 FRANKLIN COUNTY Upon the Petition of: Cassandra Marilyn Hernandez, Petitioner and concerning Izreel Hernandez Garcia, Respondent 1. INFORMATION FOR THE RESPONDENT NAMED ABOVE: • Petitioner (your spouse) has ¿led a divorce lawsuit naming you as Respondent • Petitioner’s contact information during the divorce case: Cassandra Marilyn Hernandez, 206 12th Ave. NE, Apt. 4, Hampton, Iowa 50441, Franklin County. (214) 643-3730. 2. RESPONDENT’S DEADLINE FOR FILING A RESPONSE: You must ¿le an answer or a motion with the clerk of court in the above county within 20 days after March 30, 2016. 3. INSTRUCTIONS TO RESPONDENT NAMED ABOVE: You must ¿le an answer or a motion with the clerk of court in the above county within 20 days after the date provided above. If you do not respond. the court may enter a judgment against you giving Petitioner what he or she asked for in the Petition. Important Notice to Respondent • You should talk to an attorney at once to protect your interests. • If you choose not to have an attorney represent you in this matter, go to the Iowa Judicial Branch website for self-represented litigant information and family law forms. If you need assistance to participate in court due to a disability, contact the disability coordinator at: 641-424-6431. Persons who are hearing or speech impaired may call Relay Iowa TTY at 1-800-735-2942. Disability coordinators cannot provide legal advice. Disability coordinator contact information available at: http://www. iowacourts.gov/Administration/Directories/ ADA_Access/. Additional Information for Respondent • You must register to eFile through the Iowa Judicial Branch website at http://www.iowacourts.state.ua.us/E¿le/ and obtain a log in and password to ¿le and view documents in your case and to receive service and notices from the court. • For general rules and information on electronic ¿ling, refer to the Iowa Court Rules Chapter 16 Pertaining to the Use of the Electronic Document Management System, available on the Iowa Judicial Branch website. • For court rules on the Protection of Personal Privacy in court ¿lings, refer to Division VI of the Iowa Court Rules, Chapter 16. Date of third publication 30th day of March, 2016. Published in the Hampton Chronicle on March 16, 23 and 30, 2016.
WEDNESDAY, MARCH 30, 2016
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PUBLIC NOTICE Application for Condemnation NOTICE OF APPLICATION FOR CONDEMNATION TRACT 1 E-22152 (KOENEN) IN THE SHERRIFF’S OFFICE OF FRANKLIN COUNTY, IOWA CONCERNING THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR THE ITC MIDWEST, LLC ELECTRIC TRANSMISSION LINE IN FRANKLIN COUNTY by ITC MIDWEST, LLC, APPLICANT. TO: THE KURT L. WILKE, CHIEF JUDGE, SECOND JUDICIAL DISTRICT COMES NOW, ITC Midwest, LLC and requests that you establish a compensation commission in accordance with Chapter 6B of the Iowa Code to allow for its acquisition of temporary and permanent easement interests in the lands described in Exhibit “E-3”, attached hereto and incorporated by this reference. 1. Public Use and Purpose: The easements to be acquired will be used for constructing and maintaining an electric transmission line in Franklin County and a franchise for same has been issued by the State of Iowa Department of Commerce Utilities Board on May 7, 2015 (Docket No. E-22152), in accordance with Chapter 478 of the Code of Iowa. 2. Legal Descriptions and Plats: Legal descriptions and plats for the easements are attached to this Application as Exhibit “E-3” Page 4 and are incorporated by this reference herein. The land is Agricultural in nature. 3. Owners and Interests to be acquired: The following owners and interest holders will be impacted by the proposed acquisitions of easements: Owner: Keith Koenen, 2390 Lark Avenue, Shef¿eld, IA 50475 Easement Holder: Franklin County, Iowa, 12 - 1st Avenue NW, P.O. Box 26, Hampton, IA 50441 Tenant: Ryan Koenen, 1026 190th St., Hampton, IA 50441 Plus all unknown heirs and assigns of the above-listed persons and any and all parties in possession. 4. Minimum Land Necessary: ITC Midwest, LLC asserts that the land being acquired by easements is the minimum amount necessary to achieve its construction and maintenance purposes and no land is being acquired as an uneconomic remnant and has been approved by the Iowa Utilities Board. 5. Good Faith Efforts to Negotiate: Immediately following the informational meeting held as part of the Iowa Utilities Board proceedings, ITC Midwest, LLC has made efforts to voluntarily and in good faith acquire the easement interests to avoid the need for condemnation. These efforts will continue up to the date of hearings before the compensation commission. NOW THEREFORE, ITC Midwest, LLC hereby requests the appointment of a compensation commission of six persons (and alternates) as prescribed by the Code of Iowa, not interested in the same or a like question, to view the real estate involved and appraise the damages which the owners thereof, lienholders, encumbrancers, or other persons interested therein will sustain by reason of the appropriation herein sought to be condemned, for the purpose herein stated, and make their report in writing to the Sheriff as provided by law. Dated this 29th day of October, 2015. LILLIS O’MALLEY OLSON MANNING POSE TEMPLEMAN LLP Attorneys for ITC Midwest, LLC By \S\ Christopher R. Pose 317 Sixth Avenue Suite 300, Des Moines, IA 50309; (515) 243-8157. IN ACCORDANCE with Iowa Code § 6B.3(3), the undersigned certi¿es that the Chief Judge has approved this original Application on this 30th day of October, 2015. \S\ Christopher R. Pose, Esq. CONDEMNATION PARCEL EXHIBIT E-3 FRANKLIN COUNTY PARCEL TAX ID NUMBER: 02-11-200-001 and 02-11-200-004 TITLE HOLDER(s): Keith Koenen, a single person MAILING ADDRESS: 2390 Lark Avenue, Shef¿eld, IA 50475 MORTGAGE: None LIENS: None EASEMENT HOLDER: Franklin County, Iowa, 12-1st Avenue NW, P.O. Box 26, Hampton, IA 50441 TENANT: Ryan Koenen, 1026 -190th Street, Hampton, IA 50441 EXHIBIT E-3 1. Legal Description of the Property over which Easements are Necessary: The West Half (W1/2) of the Northeast Quarter (NE1/4) of Section Eleven (11), Township Ninety-three (93) North, Range Twenty-one (21) Wast of the 5th P.M., in Franklin County, Iowa. 2. Legal Description of the Easement sought to be Condemned: Please refer to Exhibit E-3 Franklin County Map. 3. Speci¿c Description of the Easement Rights Being Sought: lTC Midwest LLC, its successors and assigns (collectively, “Grantee”), seeks a perpetual non-exclusive easement (the “Easement”) with the right, privilege and authority to construct, reconstruct, maintain, upgrade, operate, repair, patrol, replace and remove a 345,000 nominal voltage electric transmission line consisting of poles, towers, crossarms, insulators, wires, communications lines, and other necessary ¿xtures, equipment and construction needed for transmission operations (collectively, the “345 kV Line”) pursuant to the provisions hereof, upon, under, over and across the Easement area defined and depleted in the attached Exhibit E-3 Franklin County Map, with all the rights and privileges for the full enjoyment or use thereof for the 345 kV Line. Grantee may temporarily place guy wires, anchors and other temporary ¿xtures and equipment on the Easement area during construction, maintenance, reconstruction, upgrade, repair or removal of the 345 kV Line. The Easement also includes the following related rights necessary or convenient for Grantee’s use of the Easement: (1) the right to enter upon Grantor’s land to survey for and locate the 345 kV Line; (2) an easement for ingress and egress over and across Grantor’s land to the Easement area, by means of existing ¿eld roads and lanes, if any, otherwise by the use of the most reasonable and feasible route selected by Grantee in its reasonable discretion; {3) the right to remove, cut, trim, destroy or otherwise control any or all trees, shrubs bushes, or brush now or hereafter standing or growing upon or within the Easement area, all at Grantee’s sole and absolute discretion and cost; (4) the right to enter at all times upon Grantor’s Land to remove, In the Grantee’s sole discretion, any existing or future buildings, structures, or other objects, permanent or temporary (collectively referred to herein as “Structures”) from the Easement area, with prior notice to the Grantor in all cases except emergency. In the event a fence currently exists within the Easement area as of the date of an Easement Agreement (each, a “Permitted Fence”), Grantee may: (1) install and maintain a gating system in the Permitted Fence, of Grantee’s choice, in order to obtain access to the Easement area for the purposes of construction and maintenance of the 345 kV Line; and (2) cause such Permitted Fence to be removed as Grantee deems necessary provided that Grantee restores such Permitted Fence to substantially the same condition as it existed prior to removal. Grantor shall not erect any Structures upon the Easement area. Grantor further agrees not to
plant any trees within the Easement area without prior express written consent from Grantee, nor to perform any act which would interfere with or endanger the 345 kV Line. Notwithstanding the foregoing, Grantor reserves the right to cultivate, use, and occupy the Easement area In a manner that is not Inconsistent with Grantee’s rights granted herein. Grantor reserves the right to dedicate and have or permit to be Improved, maintained, and used for the purposes of streets, curbs and gutters, sewers, water and underground utilities and pipelines (hereinafter called “Public Improvements”), the portion of said Easement area not occupied by the structures supporting Grantee’s electric system, provided that said Public Improvements do not in the opinion of Grantee impair the structural or electrical integrity of or ability to maintain said electric system or materially alter the existing ground elevations; and provided further that all such Public Improvements shall not result In a ground or other clearance of less than the minimum requirements speci¿ed by the National Electrical Safety Code and any other applicable laws or regulations or other codes in effect from time to time. Grantor, Its agents or assigns must submit plans of Public 1mprovements or other installations within the Easement area for review, compliance, and written consent by Grantee prior to installation of the proposed Public Improvements. Costs and Damages Grantee shall be responsible for all costs incurred by Grantee for removal of non-permitted Structure(s) within the Easement area, and costs Incurred by Grantee for the cutting and trimming of trees and other vegetation within the Easement area. In accordance with Grantee’s damage policy, Grantee agrees to pay Grantor all damages done to the lands, fences, livestock, or crops of the Grantor, as well as for damages done by the Grantee while constructing, reconstructing, patrolling, repairing, maintaining, operating, replacing or removing the 345 kV Une. Grantee shall not be required to pay Grantor for the value of non-permitted Structures, trees or vegetation that are removed, trimmed or cut by Grantee. However, Grantee shall compensate Grantor for other damages as outlined above caused to the land by virtue of Grantee’s exercise of its rights to remove such non-permitted Structures and to cut or trim such non-permitted trees or vegetation. 4. Map drawn to Appropriate Scale: (below) See Exhibit E-3 Franklin County Map for the boundaries of property and dimension of the proposed easement. Two (2) poles will be located on the Easement. No dwellings or other buildings on the described property are located within one hundred (100) feet of the proposed transmission line. NOTICE OF PUBLIC MEETING OF COMPENSATION COMMISSION TO ASSESS DAMAGES FOR TAKING OF PROPERTY TRACT 1 E-22152 (KOENEN) IN THE SHERRIFF’S OFFICE OF FRANKLIN COUNTY, IOWA CONCERNING THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR THE ITC MIDWEST, LLC ELECTRIC TRANSMISSION LINE IN FRANKLIN COUNTY by
ITC MIDWEST, LLC, APPLICANT. TO: Keith Koenen, 2390 Lark Ave., Shef¿eld, IA 50441 Ryan Koenen, 1026 190th St., Hampton, IA 50441 Franklin County, Iowa, 12-1st Avenue NW, P.O. Box 26, Hampton, IA 50441 And all other persons, companies or corporations having an interest in or owning any of the real estate described in the Application for Condemnation for the Koenen property (published on same date), which is incorporated by this reference herein. PUBLIC NOTICE IS HEREBY GIVEN: 1. That ITC Midwest, LLC desires the condemnation of an easement to construct and maintain an electric transmission line as shown and described on the plat attached to the Application for Condemnation for the Koenen property with the Chief Judge of the 2nd Judicial District and in the of¿ce of the Sheriff of Franklin County, Iowa. Also incorporated are the Orders and Supplementary Orders which appoint eligible commissioners to and/or alternates to serve at the hearing (published on same date). Finally incorporated and published on same date is an Af¿davit stating the easement will not be perpetual (published on same date). 2. That such condemnation is sought for use in accordance with the ITC Midwest, LLC Electric Transmission Line in Franklin County Project. 3. That a Compensation Commission has been appointed, as provided by law, for the purpose of appraising the damages which will be caused by the taking of the easements herein sought. 4. That the Compensation Commission will meet on the 6th day of April, 2016, at 9:00 a.m. in the Of¿ce of the Sheriff of Franklin County at Law Enforcement Center, 105 5th Street SW, Hampton, IA 50441, and will then proceed to view the property and assess the damages, at which time you may appear before the Commissioners if you care to do so. 5. That the Compensation Commission is required to meet in open session (open to the public) to view the property being condemned and to receive evidence, but may deliberate in closed session, as provided in Section 6B.14 of the Iowa Code. TAKE NOTICE AND GOVERN YOURSELF ACCORDINGLY. LILLIS O’MALLEY OLSON MANNING POSE TEMPLEMAN LLP Attorneys for ITC Midwest, LLC By \s\ Christopher R. Pose 317 Sixth Avenue Suite 300, Des Moines, IA 50309; Phone: (515) 243-8157; Email: cpose@ lolaw.com. ORDER SELECTING AND APPOINTED COMPENSATION COMMISSIONERS TRACT 1 E-22152 (KOENEN) IN THE SHERRIFF’S OFFICE OF FRANKLIN COUNTY, IOWA CONCERNING THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR THE ITC MIDWEST, LLC ELECTRIC TRANSMISSION LINE IN FRANKLIN COUNTY by ITC MIDWEST, LLC, APPLICANT. An Application for Condemnation having been ¿led with me by ITC Midwest, LLC, for the selection and appointment, by lot, of six suitable
persons as provided by law to act as a Compensation Commission to assess and appraise the damages sustained by reason of the condemnation of certain speci¿ed rights in certain land described by the Applicant, in its Application ¿led in the above-entitled matter, I hereby designate, select, by lot, and appoint as members of the said Compensation Commission required in this matter the following persons: Name, Address, Quali¿cations Michelle Sackville, 618 1st Ave SE, Hampton, IA 5044, Licensed Real Estate Broker/Salesperson Kathy Stanbrough, 2 1st St. Hampton, IA 50441, Licensed Real Estate Broker/Salesperson Dave Heuberger, 211 1st Ave NW, Hampton, IA 50441, Knowledgeable of Property Values by Virtue of Occupation Brad Davis, 315 7th St. SE, Hampton, IA 50441, Knowledgeable of Property Values by Virtue of Occupation John Wilholm, 308 Dogwood Ave., Alden, IA 50006, Agricultural Dennis Neubauer, 385 Nuthatch Ave., Iowa Falls, IA 50126, Agricultural I further designate, select, by lot, and appoint Kathy Stanbrough to act as Chairperson as said Commission, and Dave Heuberger is selected to act as Alternate Chairperson. Pursuant to Section 6B.5 of the Iowa Code, one of the above-named Compensation Commissioners shall be subject to challenge without cause by the applicant, ITC Midwest, LLC, and one of the above-named Commissioners shall be subject without cause by the party or parties representing the fee ownership interest or interests of the property being condemned. Such challenge must be ¿led in writing with the Sheriff not less than seven days prior to the meeting of the Compensation Commission to assess and appraise damages for the taking. I HEREBY ORDER that, if a person is excused from the Compensation Commission, the Applicant, ITC Midwest, LLC, and person or persons representing the fee ownership interests in the property may stipulate in writing to the selection and noti¿cation of a particular Alternate Commissioner having the same qualifications as the person being replaced, provided such stipulation is ¿led with the Sheriff not less than 72 hours prior to the meeting of the Commission. Absent such stipulation, the Sheriff of Franklin County, Iowa, shall notify the person or persons unable to serve or stricken from the panel, such noti¿cation to be given to Alternate Commissioners in the same manner as the original Compensation Commissioners were noti¿ed. The Alternate Commissioner ¿rst noti¿ed who is available as a Compensation Commissioner shall then serve in the place of the Commissioner who is unable to serve or who is stricken from the panel. I further direct that the above-named Alternate Commissioner shall not be subject to challenge without cause. I FURTHER HEREBY ORDER that the Commissioners, and such Alternate Commissioners as may hereafter be selected by the Sheriff due to the absence or removal of a Commissioner, shall appear at the time and place designated for the meeting of the Compensation Commission in the Notice of Meeting of Compensation Commission to Assess Damages for the Taking of Property, and that, prior to said meeting, the
Published in the Hampton Chronicle on March 30, 2016.
above-named Commissioners and Alternate Commissioners shall not communicate with the Applicant, ITC Midwest, LLC, or the owner or tenant of the property being condemned regarding the condemnation proceedings. I FURTHER HEREBY ORDER that the Applicant, ITC Midwest, LLC, mail and publish or serve a list of the above-named Compensation Commissioners and Commissioners to the owner or owners of the property sought to be condemned in accordance with Section 6B.4 of the Iowa Code. TO THE SHERIFF OF FRANKLIN COUNTY, IOWA: Attached hereto please ¿nd a duplicate of the Application for Condemnation in the above matter. Dated this 30th day of October, 2015. \s\ Kurt L. Wilke, Chief Judge of the Second Judicial District including Franklin County, Iowa Filed in my of¿ce at Hampton, Iowa, this 2nd day of December, 2015. \s\ Larry E. Richtsmeier, Sheriff of Franklin County, Iowa SUPPLEMENTARY ORDER APPOINTING ALTERNATE COMPENSATION COMMISSIONERS IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS OF LAND BY ITC MIDWEST, LLC ELECTRIC TRANSMISSION LINE IN FRANKLIN COUNTY, IA TRACT 1 E-22152 (Koenen) An Application and Notice of Condemnation having been ¿led with me by ITC Midwest, LLC, entitled as above, for the selection and appointment, by lot, of a duly-constituted compensation commission, and said selection and appointment of up to ¿ve alternate commissioners, having been made by me, I further DESIGNATE, SELECT and APPOINT the following persons to serve as alternate members of said compensation commission, in the event that any of the said members having the same quali¿cations are unable to serve for any reason. Name, Address, Quali¿cations Eric Christianson, 403 1st St NE, Hampton, IA 50441, Licensed Real Estate Salesperson or Broker Floyd Edgington Jr., 2413 Lark Ave, Shef¿eld, IA 50475, Licensed Real Estate Salesperson or Broker Yvonne Krukow, 515 Central Ave W., Hampton, IA 50441, Licensed Real Estate Salesperson or Broker Larry Miller, 1718 Nettle Ave., Hampton, IA 50441, Knowledgeable of Property Values by Virtue of Occupation Gail Anderson, 220 North St., Latimer, IA 50452, Knowledgeable of Property Values by Virtue of Occupation J. Kent Brown, 11 Shar Den Dr., Hampton, IA 50441, Knowledgeable of Property Values by Virtue of Occupation Dennis Lemke, 556 90th St., Dows, IA 50071, Agricultural Chris Vanness, 1644 Finch Ave., Latimer, IA 50252, Agricultural Murrell Symens, 1962 Highway 3, Hampton, IA 50441, Agricultural The Sheriff of Franklin County, Iowa, shall, upon being informed of a vacancy in the compensation commission, notify an alternate member appointed having the same quali¿cations as the person unable to serve in the same manner as the original commissioners were noti¿ed. Dated at Ft. Dodge, Iowa, this 30th day of October, 2015. \s\ Kurt L. Wilke, Chief Judge of the Second Judicial District including Franklin County, Iowa Filed in my of¿ce at Hampton, Iowa, this 2nd day of December, 2015. \s\ Larry E. Richtsmeier, Sheriff of Franklin County, Iowa SUPPLEMENTARY ORDER APPOINTING ADDITIONAL ALTERNATE COMPENSATION COMMISSIONERS IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS OF LAND BY ITC MIDWEST, LLC ELECTRIC TRANSMISSION LINE IN FRANKLIN COUNTY, IA TRACT 1 E-22152 (Koenen) An Application for additional alternate commissioners having been ¿led by ITC Midwest, LLC, entitled as above, for the selection and appointment of a duly-constituted compensation commission, I further DESIGNATE, SELECT and APPOINT the following persons to serve as alternate members of said compensation commission, in the event that any of the said members having the same quali¿cations are unable to serve for any reason. Name, Address,Quali¿cations Larry Sailer, 1562 50th St., Iowa Falls, IA 50441, Agricultural Bruce Schlicting, 2427 Balsam Ave., Meservey, IA 50457, Agricultural Duane Kelch, 2 2nd St. SW, Hampton, IA 50441, Licensed Real Estate Sales/Broker Brad Staley, 21 4th St. N.E., Hampton, IA 50441, Licensed Real Estate Sales/Broker The Sheriff of Franklin County, Iowa, shall, upon being informed of a vacancy in the compensation commission, notify an alternate member appointed having the same quali¿cations as the person unable to serve in the same manner as the original commissioners were noti¿ed. Dated at Fort Dodge, Iowa, this 7th day of January, 2016. \s\ Kurt L. Wilke, Chief Judge of the Second Judicial District including Franklin County, Iowa Filed in my of¿ce at Hampton, Iowa, this 8th day of January, 2016. \s\ Larry E. Richtsmeier, Sheriff of Franklin County, Iowa AFFIDAVIT IN CLARIFICATION OF EASEMENT TRACT 1 E-22152 (KOENEN) IN THE SHERRIFF’S OFFICE OF FRANKLIN COUNTY, IOWA CONCERNING THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR THE ITC MIDWEST, LLC ELECTRIC TRANSMISSION LINE IN FRANKLIN COUNTY by ITC MIDWEST, LLC, APPLICANT. STATE OF MICHIGAN: SS: COUNTY OF OAKLAND: PUBLIC NOTICE IS HEREBY GIVEN: 1. Throughout these captioned proceedings there may be references, including, but not limited to Page 2 of Exhibit “E-3” of the Application for Condemnation which indicates that the easement sought is to be “perpetual” in duration. 2. The undersigned, on behalf of the Applicant, hereby states that the easement will not be perpetual. Rather, the Applicant agrees that the easement sought to be acquired through eminent domain will only be for the period as permitted by franchising rules and regulations of the Iowa Utilities Board (“IUB”). 3. The easement sought herein will only be permitted for the period allowed by the franchising rules and regulations of the Iowa Utilities Board and will not be perpetual. Dated this 16th day of February, 2016. ITC MIDWEST LLC By: \s\ David J. Munzel, Director, Real Estate SUBSCRIBED AND SWORN to before me on this 16th day of February, 2016, by David J. Munzel, Director of Real Estate of ITC Midwest LLC, an Iowa limited liability company. \s\ Laura J. McCray, Notary Public LILLIS O’MALLEY OLSON MANNING POSE TEMPLEMAN LLP Attorneys for ITC Midwest, LLC By \s\ Christopher R. Pose 317 Sixth Avenue Suite 300, Des Moines, IA 50309; Phone: (515) 243-8157; Email: cpose@ lolaw.com.