HomeMy WebLinkAboutEasement Agreement - AEP Indiana and Michigan Transmission Company, Inc.r -
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Line Name: Gravel Pit Extension East
Line No.: TLN385:95088 Easement No.: 29
EASEMENT AND RIGHT OF WAY
On this 'ALAday of O U _ , 2017, in consideration of Ten and NO/100 Dollars ($10.00),
and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and the covenants
hereinafter set forth, Civil City of South Bend, whose address is 227 West Jefferson Boulevard, Suite 1200, South
Bend, Indiana 46601, ("Grantor"), whether one or more persons, hereby grants, sells, conveys, and warrants to AEP
Indiana Michigan Transmission Company, Inc., a(n) Indiana corporation, a unit of American Electric Power, whose
principal business address is I Riverside Plaza, Columbus, Ohio 43215, ("AEP") and its successors, assigns, lessees and
tenants a permanent easement and right of way ("Easement"), for electric transmission, distribution, and communication
lines and appurtenant equipment and fixtures, being, in, on, over, under, through and across the following described lands
of the Grantor, situated in the State of Indiana, St. Joseph County, Portage Township, Section 16, Township 37 North,
Range 2 East.
Grantor(s) claims title by Quit Claim Deed, Document #1526367, recorded 10/2/2015 in the St. Joseph County
Recorder's Office.
Auditor/Key/Tax Number: 71-08-16-300-004.000-025
The Easement Area is more fully described and depicted on Exhibit "A", a copy of which is attached hereto and made a
part hereof ("Easement Area"),
GRANTOR FURTHER GRANTS AEP THE FOLLOWING RIGHTS:
The right, now or in the fixture, 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; 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 of the Easement herein
granted.
The right, in AEP's discretion, now or in the future, to cut down, trim, remove, and otherwise control, using herbicides or
tree growth regulators or other means, any and all trees, overhanging branches, vegetation or 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 AEP's 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:
The Grantor reserves the right to cultivate annual crops, pasture, construct fences (provided gates are installed that
adequately provide AEP the access rights conveyed herein) and roads or otherwise use the lands encumbered by this
Easement in any way not inconsistent with the rights herein granted. In no event, however, 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, signs,
sheds, dumpsters, light poles, water impoundments, above ground irrigation systems, swimming pools or wells, or permit
any alteration of the ground elevation, over, or within the Easement Area. AEP may, at Grantor's cost, remove any
structure or obstruction if placed within the Easement Area, and may re -grade any alterations of the ground elevation
within the Easement Area.
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.
The failure of AEP to exercise any of the rights granted herein, or the removal of any facilities from the Easement, shall
not be deemed to constitute an abandonment or waiver of the rights granted herein.
This instrument contains the complete agreement, expressed or 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.
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STATE OF INDIANA rr ►r THIS IS NOT A
ST. JOSEPH COUNTY EXHIBIT A BOUNDARY SURVEY,
PORTAGE TOWNSHIP CIVIL CITY OF SOUTH BEND
SEC.116, T. 37 N., R. 2 E. 71-08-16-300-004.000-025
DOCUMENT NO. 1526367
EASEMENT DESCRIPTION
THAT PART OF THE SOUTHWEST
QUARTER OF SECTION 16, TOWNSHIP
37 NORTH, RANGE 2 EAST, PORTAGE
TOWNSHIP, ST. JOSEPH COUNTY,
INDIANA DESCRIBED AS:
COMMENCING AT THE NORTHWEST
CORNER OF THE SOUTHWEST
QUARTER OF SAID SECTION 16;
THENCE SOUTH 00' 29' 37" EAST ON
THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 16 A
DISTANCE OF 1861.60 FEET TO THE
INTERSECTION OF SAID WEST LINE
WITH THE SOUTHERLY RIGHT OF WAY
LINE OF THE NEW YORK CENTRAL
RAILROAD; THENCE NORTH 47' 51' 02"
EAST ON SAID SOUTHERLY RIGHT OF
WAY LINE 816.48 FEET TO THE POINT
OF BEGINNING OF THE LAND HEREIN
DESCRIBED; THENCE CONTINUING
NORTH 47" 51' 02" EAST ON SAID
SOUTHERLY RIGHT OF WAY LINE 92.42
FEET; THENCE SOUTH 55' 41' 11" EAST
110.81 FEET TO THE SOUTH LINE OF
THE NORTH HALF OF THE
SOUTHWEST QUARTER OF SAID
SECTION 16; THENCE NORTH 89' 50'
26" WEST ON SAID SOUTH LINE 160.04
FEET TO THE POINT OF BEGINNING.
BEARINGS ARE BASED ON THE
INDIANA STATE PLANE COORDINATE
SYSTEM, EAST ZONE, U.S. SURVEY
FEET.
WEST LINE OF THE
SOUTHWEST 114 CF
SECTION 16-37-2 AND
THE SOUTHERLY RIW
LINE OF THE NEW
YORK CENTRAL
RAILROAD N
VICINITY MAP
NOT TO SCALE
GRAVEL PIT EAST EXTENSION 138kV
AEP INDIANA MICHIGAN TRANSMISSION COMPANY, INC.
LINE: TLN385:95088 WO:
EASEMENT: 029 MAP NO:
DATE CREATED: 08/29/2017
0 100 150 200
1 inch = 100 ft.
BRIAN P. LIEBERG
LS - 20800148
INDIANA STATE PLANE COORDINATE SYSTEM
(EAST ZONE) U.S. SURVEY FEET.
DRAWN BY: BKG
SCALE: 1" = 100'
W&A JOB* 170412
REVISIONS:
DATE
EXHIBIT "A" PREPARED BY:
WIGHTMAN & ASSOCIATES, INC.
2303 PIPESTONE ROAD
BENTON HARBOR, MI 49022
269-927-0100
STATE INDIANA
THIS IS NOT A
ST. JOSOEPH COUNTY EXHIBIT rrA,lr BOUNDARY SURVEY.
PORTAGE TOWNSHIP CIVIL CITY OF SOUTH BEND
SEC. 16, T. 37 N., R. 2 E. 71-08-16-300-004.000-025
DOCUMENT NO. 1526367
EASEMENT DESCRIPTION
THAT PART OF THE SOUTHWEST
QUARTER OF SECTION 16, TOWNSHIP
37 NORTH, RANGE 2 EAST, PORTAGE
TOWNSHIP, ST, JOSEPH COUNTY,
INDIANA DESCRIBED AS:
COMMENCING AT THE NORTHWEST
CORNER OF THE SOUTHWEST
QUARTER OF SAID SECTION 16;
THENCE SOUTH 00° 29' 37" EAST ON
THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 16 A
DISTANCE OF 1861.60 FEET TO THE
INTERSECTION OF SAID WEST LINE
WITH THE SOUTHERLY RIGHT OF WAY
LINE OF THE NEW YORK CENTRAL
RAILROAD; THENCE NORTH 47' 51' 02"
EAST ON SAID SOUTHERLY RIGHT OF
WAY LINE 816.48 FEET TO THE POINT
OF BEGINNING OF THE LAND HEREIN
DESCRIBED; THENCE CONTINUING
NORTH 47° 51' 02" EAST ON SAID
SOUTHERLY RIGHT OF WAY LINE 92.42
FEET; THENCE SOUTH 56' 41' 11" EAST
110.81 FEET TO THE SOUTH LINE OF
THE NORTH HALF OF THE
SOUTHWEST QUARTER OF SAID
SECTION 16; THENCE NORTH 80' 50'
26" WEST ON SAID SOUTH LINE 160.04
FEET TO THE POINT OF BEGINNING.
BEARINGS ARE BASED ON THE
INDIANA STATE PLANE COORDINATE
SYSTEM, EAST ZONE, U.S. SURVEY
FEET.
VICINITY MAP
NOT TO SCALE
w
NORTHWEST CORNER,
\
SOUTHWEST 114,
SECTION 16-37-2
� WEST LINE,
SOUTHWESTECN16-37
T
2
SECTION 16-37-2
R1 W�
LINE
G� obb0
SOUTHERLY
O
R!W LINE
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INTERSECTION OF THE
WEST LINE OF THE
SOUTHWEST 114 OF
SECTION 16-37-2 AND
THE SOUTHERLY R/W
LINE OF THE NEW
YORK CENTRAL
SOUTH LINE.
NORTH 112,
SOUTHWEST 114,
SECTION 16-37-2
1 M04
N 89°50'26" w AEP EASEMENT AREA
CONTAINING ±4,978 SQ- FT.
(#0.114 OF AN ACRE)
RAILROAD N
0 100 150 200
1 inch = 100 ft.
ENTIRE AEP EASEMENT
AREA IS PROPOSED
GRAVEL PIT EAST EXTENSION 138kV
AEP INDIANA MICHIGAN TRANSMISSION COMPANY, INC.
LINE: TLN385:95088 WO:
EASEMENT: 029 MAP NO:
DATE CREATED: 08/29/2017
BRIAN P. LIEBERG DATE
LS - 20800148
INDIANA STATE PLANE COORDINATE SYSTEM
(EAST ZONE) U.S. SURVEY FEET.
DRAWN BY: BKG CHECKED BY:
SCALE: 1" = 100' EXHIBIT "A" PREPARED BY:
1NIGHTNIAN & ASSOCIATES, INC.
W&A JOB#: 170412 2303 PIPESTONE ROAD
— BENTON HARBOR, MI 49M
REVISIONS: 269-927-0100
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Form
w-9
Request for Taxpayer
Give Form to the
(Rev. December 2014)
Identification Number and Certification
requester. Do not
Department
of the Treasury
send to the IRS.
Internal Revenue Service
t Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
z\i
2 Business name/disregarded entity name, if different from above
m
Civil City of South Bend
cis
3 Check appropriate box for federal tax classification; check only one of the following seven boxes:
4 Exemptions (codes apply only to
y
❑Individual/sole proprietor or ❑ C Corporation S Corporation ❑ Partnership ❑ Trust/estate
certain entities, not individuals; see
instructions on page 3):
m r_
4
single -member LLC
Limited liabilitycompany, Enter the tax classification C=C corporation, S=S corporation, P= artnershi ►
❑ p y ( p p p)
Exempt payee code (if any)
p
Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for
Exemption from FATCA reporting
cthe
tax classification of the single -member owner.
code (if any)
pi, v
❑ Other (see instructions) ►
(Appde to accounts mainrwtr d—ft de the U.S.)
w=
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5 Address (number, street, and apt. or suite no.)
Requester's name and address (optional)
a
227 West Jefferson Boulevard, Suite 1200
W
6 City, state, and ZIP code
in
South Bend, Indiana 46601
7 List account number(s) here (optional)
Identification Number fit
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number
backup withholding. For individuals, this is generally your social security number (page page However, fora —
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on 3. For other _
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3. or
Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for Employer identification number
guidelines on whose number to enter.
11 Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return_ For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
instructions on page 3.
sign I Signature of
Here I U.S. person ► Date ►
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. Information about developments affecting Form W-9 (such
as legislation enacted after we release it) is at www.1rs.gov/fw9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information
return with the IRS must obtain your correct taxpayer identification number (TIN)
which may be your social security number (SSN), individual taxpayer identification
number (ITIN), adoption taxpayer identification number (ATIN), or employer
identification number (EIN), to report on an information return the amount paid to
you, or other amount reportable on an information return. Examples of information
returns include, but are not limited to, the following:
• Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by
brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T
(tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident alien), to
provide your correct TIN.
if you do not return Form W-9 to the requester with a TIN, you might be subject
to backup withholding. See What is backup withholding? on page 2.
By signing the filled -out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a number
to be issued),
2. Certify that you are not subject to backup withholding, or
$. Claim exemption from backup withholding if you are a U.S. exempt payee. If
applicable, you are also certifying that as a U.S. person, your allocable share of
any partnership income from a U.S. trade or business is not subject to the
withholding tax on foreign partners' share of effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating that you are
exempt from the FATCA reporting, is correct. See What is FATCA reporting? on
page 2 for further information.
Cat. No. 10231X Form W-9 (Rev. 12-2014)
Line Name: Gravel Pit Extension East
Line No.: TLN385:95088 Easement No.: 29
Parcel(s): 71-08-16-300-004.000-025
EASEMENT PAYMENT SCHEDULE
THE UNDERSIGNED:
GRANTOR: Civil City of South Bend
ADDRESS: 227 West Jefferson Boulevard, Suite 1200, South Bend, Indiana 46601
HEREBY OFFER to accept amount as determined in accordance with the schedule below in full payment of the
Easement and Right of Way for an electric transmission, distribution and communication lines, being, in, on, over, under,
through and across the land of the Undersigned under an easement dated , 2017 from the Undersigned
to the Company, to wit:
PAYMENT SCHEDULE
Easement Acquisition Cost Description:
Easement Paid
Damages Paid
Easement Consideration Paid 0.114 acres +/- @ Minimum Payment =
2,500.00
State of Indiana, St. Joseph County, Portage Township, Section No. 16, Township
o. 37 North, Range No. 2 East
Pre -Construction Cost Description:
Sub -Totals
2,500.00
Total Consideration includes Initial Consideration Paid
S 2.500.00
The amounts so determined are full payment for the Easement and Right of Way. Any construction damages will be paid
separately unless noted above.
Accepted on 12017 Signed on 12017
Contract Land Staff, LLC
Contract Agent for
AEP Indiana Michigan Transmission Company,
Inc. GRANTOR
Field Agent: Jeffry Goodheart
M
Its:
Civil City of South Bend
Attach Required W-9
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