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Home My WebLink AboutSupplemental Easement Agreement - Indiana Michigan Power5 72630 RECORDED AS PRESENTED AN 09/26/2017 11.41 AM MARY BETH WrSNIEWSKE 5T, JOSEPH COUiVTY RECORDER PGS. 7 FEES: 25.00 Line Name: Jackson Road — New Carlisle Easement No. 19D Map No: 1591 Line No. TLN120:95-067 SUPPLEMENTAL EASEMENT AND RIGHT OF WAY THIS SUPPLEMENTAL EASEMENT AND RIGHT OF WAY made by and between Civil City of South Bend aka Board of Public Works of the City of South Bend, Indiana, whose address is 227 W. Jefferson Blvd., Room 1308, County -City Building, South Bend, Indiana ("Grantor"), whether one or more persons, and Indiana Michigan Power Company, an Indiana corporation, being a unit of American Electric Power, whose principal business address is 1 Riverside Plaza, Columbus, Ohio 43215 ("AEP"). WHEREAS, AEP is the owner of a right of way and easement under the terms of the following agreement recorded in the Recorder's Office of St. Joseph County, Indiana by and between Board of Public Works of the City of South Bend, Indiana and Indiana & Michigan Electric, dated January 24, 1983 and recorded by document 8301342 on January 26, 2010 (the "Original Easement"); and WHEREAS, Grantor is the successor in interest to all or part of the lands affected by the Original Easement. NOW, THEREFORE, in consideration of the sum of Ten and NO/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which Grantor hereby acknowledges, the Grantor hereby grants and conveys and warrants to AEP this Supplemental Easement and Right of Way ("Easement") for electric transmission, distribution, and communication lines and appurtenant equipment and fixtures to modify the Original Easement [insofar as it encumbers property of the Grantor situated in the State of Indiana, St. Joseph County, Portage Township, being the same premises as described in Document Number 8301341 (Parcel No. 71-08-16-400-006.000-026)], as follows: The Easement Area shall be revised to be as more fully described and depicted on Exhibit "A", a copy of which is attached hereto and made a part hereof ("Easement Area"). AEP legal 1254401.1 01/24/2017 10:58:56 AM GRANTOR FURTHER GRANTS AEP THE FOLLOWING RIGHTS: The right, now and in the future, to construct, reconstruct, operate, maintain, alter, improve, extend, inspect, patrol, protect, repair, remove, replace, upgrade and relocate within the Easement Area, poles, towers, and structures, made of wood, metal, concrete or other materials, and crossarms, guys, anchors, grounding systems, and all other appurtenant equipment and fixtures, and to string conductors, wires and cables ("Facilities"); together with the right to add to said Facilities from time to time, and the right to do anything necessary, useful or convenient for the enjoyment. The right, in AEP's discretion, to cut down, trim, removes, and otherwise control, using herbicides or tree growth regulators or other means any and all trees, overhanging branches, vegetation and brush situated within the Easement Area. AEP shall also have the right to cut down, trim or remove trees situated on lands of Grantor which adjoin the Easement Area when in the opinion of AEP those trees may endanger the safety of, or interfere with the construction, operation or maintenance of Facilities or ingress or egress to, from or along the Easement Area. The right of unobstructed ingress and egress, at any and all times, over, across and along and upon the Easement Area, and across the adjoining lands of Grantor as may be necessary for access to and from the Easement Area for the above referenced purposes. THIS GRANT IS SUBJECT TO THE FOLLOWING CONDITIONS: In no event shall Grantor, its heirs, successors, and assigns plant or cultivate any trees or place, construct, install, erect or permit any temporary or permanent building, structure, improvement or obstruction including but not limited to, storage tanks, billboards, sign, sheds, dumpsters, light poles, water impoundments, above ground irrigation systems, swimming pools or wells, or permit any re -grade any alterations of the ground elevation within the Easement Area. Grantor and AEP acknowledge that there are: a partial fence (above ground), new sanitary sewers (underground), and abandoned, underground lift station facilities ("encroachments") within the easement as depicted on Exhibit A. Grantor agrees not to permit the encroachments to be increased in length, width or height within the Easement Area without written permission from AEP. AEP agrees to repair or pay the Grantor for actual damages sustained by Grantor to crops, fences, gates, irrigation and drainage systems, drives, or lawns that are permitted herein, when such damages arise out of AEP's exercise of the rights herein granted. AEP Legal 1254401.1 01/24/2017 10:58:56 AM The failure of AEP to exercise any of the rights granted herein, or the removal of any Facilities from the Easement Area, shall not be deemed to constitute an abandonment or waiver of the rights granted herein. Except as supplemented and amended herein, the Original Easement shall remain in full force and effect. The Original Easement, as supplemented and amended herein, contains the complete agreement, express and implied between the parties herein and shall inure to the benefit of and be binding on their respective successors, assigns, heirs, executors, administrators, lessees, tenants, and licensees. This Easement may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument. Any remaining space on this page left intentionally blank. See next page for signatures, AEP Legal 1254401.1 01/24/2017 10:58:56 AM c rr- EXHIBIT "A" Sheet 1 of 1 A part of Section 16, Township 37 North, Range 2 East, St. Joseph County, Indiana, and described in Instrument 8301342 as follows: Beginning at the Southeast corner of said Section 16 for the point of beginning of this description; thence North 90°00'00" West along the South line of said Section, 20 feet; thence North 00°30'23" West 619.72 feet; thence North 19°04'09" West, 486.87 feet; thence North 00*30'23" West 240 feet to a point on the North line of the South half of the Southeast quarter of said Section; thence South 90°00'00" East 175 feet, more or less, to the Northeast corner of the South half of the Southeast quarter of said Section; thence South 00°30'23" East along the East line of said Section to the point of beginning, being the Southeast corner of said Section 16. ' ,ate" � �{' u�. ��'�:.._ �..�&..k •. ..da" E,- �� '� 0 -i � c-. n, ems' _.8v z •-_ __ — — ' zt e g _ it 'J _ a a �_ .� .ter �� _„��_�-•�� ' l`i �" p INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF UTILITIES TO: Members of the Board of Public Works Eric Horvath, Director of Public Works Catherine Faneilo, Board of Public Works Attorney FROM: Al Greek, Director of Utilities Jacob M. Klosinski, Assistant City Engineer SUBJECT: Agenda Request Form — Easement Supplemental Easement Agreement between the City of South Bend and Indiana Michigan Power Company along Renewable Drive and Calvert Street DATE: September 19, 2017 The Division of Utilities is requesting the Board of Public Works' approval of a Supplemental Easement Agreement between the City of South Bend and Indiana Michigan Power Company with regard to facilities managed by both parties near the Calvert Street and Renewable Drive intersection. Project No. 116-053 Calvert Street Lift Station Replacement relocated the access to the new "Calvert Street Lift Station", now renamed the "Renewable Drive Lift Station", to provide access from Renewable Drive. With the relocation of a new access drive to traverse below existing high transmission electrical power lines, the Division of Utilities and Indiana Michigan Power Company worked with DLZ Indiana to update the existing easement to accompany the following changes (see Supplemental Easement Agreement) which further update the existing easement agreements pertaining to the subject parcels of land. Please refer to the subject Supplemental Easement Agreement. We recommend that the Board of Public Works approve the Supplemental Easement Agreement at the September 26, 2017 Board of Public Works Regular Meeting. If there are any questions regarding the subject project, please contact Al Greek (Ext. 4210) or Jacob M. Klosinski (Ext. 9496) at the Division of Utilities. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date September 19, 2017 Name Jacob M. Klosinski Department Utilities - Wastewater BPW Date September 26, 2017 Phone Extension 574 235-9496 `Re aired Prior to Submitfial to'Bbard Legal ® Attorney Name Catherine Fanello Controller ® Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ® Carol Kurzhal Company or Vendor Name New Vendor ❑ Yes ❑ No ❑ If Yes, Approved by Purchasing MBEIWBE Contractor ❑ MBE ❑ WBE MBEIWBE Contractor Requested ❑ No ❑ Yes Name of Company Supplemental Easement Agreement with Indiana Michigan Power Project Name Company Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description A Supplemental Easement Agreement between the City of South Bend and Indiana Michigan Power Company addresses an update to existing easements at the intersection of Calvert Street and Renewable Drive. Utilities submits a favorable recommendation. ® Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) Amount of ❑ Increase $ ❑ Decrease $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % Dispersal After Approval Copy Original ® ❑ Al Greek, Director of Utilities ® ❑ Jacob M. Klosinski, Assistant City Engineer ® ❑ Carol Kurzhal, Director of Financial Services, Environmental Services