HomeMy WebLinkAboutSupplemental and Amended Easement and ROW - Indiana Michigan Power Company - South Bend 138kV Transmission Line Rebuild ProjectVT
1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND- INDIANA 46601-1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
June 12, 2018
Randall Blevins
Indiana Michigan Power Company
I Riverside Plaza
Columbus, OH 43215
RE: Supplemental and Amended Easement and Right of Way
Dear Mr. Blevins:
PHONE 5741235-9251
FAx 5741235-9171
The Board of Public Works, at its meeting held on June 12, 2018, approved the above
referenced amended casement regarding the boundary reduction for the South Bend 138kV
Transmission Line Rebuild Project.
Enclosed please find the original of the casement amendment for your signature. Please sign
and record the original agreement and return to our office. Please retain a copy for your
records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
_'110
I �_�
Linda M. Martin, Clerk
Enclosure
c: Kara Boyles, Engineering
GARY A. GILOT SUZANNA M. FRITZBERG ELIZABEri-i A. MARADIK JAM.Es A. MUELLER Ti-EERESE J. DoRAu
For Easement No_: 227
Line Name: South Bend — New Carlisle
Easement No. 227 Map No.322
Line No. TLN120.95135
SUPPLEMENTAL AND AMENDED EASEMENT AND RIGHT OF WAY
THIS SUPPLEMENTAL AND AMENDED EASEMENT AND RIGHT OF WAY made by and
between The City of South Bend, by and through its Board of Public Works ("GRANTOR"), 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 Albert
A. Walton and Lina Walton, husband and wife and Indiana & Michigan Electric Company, a
predecessor in title to Grantor, dated 04/03/1924 (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 and
Amended Easement and Right of Way ("Easement') for electric transmission, distribution, and
communication purposes ("Easement Purposes") to modify the Original Easement [insofar as it
encumbers property of the GRANTOR situated in the State of Indiana, St. Joseph County, Clay
Township, Section 32, Township 38 N. Range 3 East, being the same premises as described in
Document No_ 1526367 (Parcel No. 71-04-32-258-009.000-003)], as follows:
The Easement Area shall be defined to be 100 feet in width, fifty feet on each side of the centerline
of the facilities as constructed, the approximate location of the Easement Area is depicted on
Exhibit "A", a copy of which is attached hereto and made a part hereof ("Easement Area").
FURTHER GRANTS OF RIGHTS
Grantor grants to AEP, 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 cross -arms, guys, anchors, grounding systems, and all other appurtenant
equipment and fixtures, and to string conductors, wires and cables ("Facilities"); together with
For Easement No.: 227
the right to add to said Facilities from time to time, and the right to do anything necessary for the
enjoyment of the Easement granted herein.
The right, for the construction, reconstruction, operation and maintenance of AEP's Facilities, to
cut down, trim, remove, and otherwise control, using environmentally responsible herbicides or
tree growth regulators or other means any trees, overhanging branches, vegetation and brush
situated within the Easement Area. AEP shall not cut down, trim or remove trees situated on lands
of Grantor which adjoin the Easement Area without conferring with and obtaining written
permission from Grantor_
The right of unobstructed ingress and egress, at any and all times, over, across and along and upon
the Easement Area. AEP will at all times seek use of public roadways for access to and from the
Easement Area. If access cannot be accomplished through use of public roadways, Grantor grants
AEP the right of ingress and egress across the adjoining lands of Grantor, as necessary, for access
to and from the Easement Area for the above referenced purposes.
GRANT IS SUBJECT TO THE FOLLOWING CONDITIONS
GRANTOR reserves the right to use any and all parts of the land, including the Easement Area,
for any purpose so long as such use does not unreasonably interfere with the AEP's use of the
Easement Area for the above referenced purposes.
Grantor, subject to the reservation of the right to perform routine maintenance and upkeep of the
land, including preexisting trails and roadways, Grantor, agrees not to 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 alteration of the ground elevation, over, or within the Easement Area.
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_
For Easement No.: 227
Executed this 12 day of June 2018.
GRANTOR
City of South Bend, by and through its
Board of Public WKks
�A
Gary A. Gilot, Board President
Suzanna Fritzberg, Member
James . Mpeller( Member
Elizabeth A. Maradik, Member
Therese J. PKorau, N ember
ATTEST: ��da
Li A,
STATE OF
COUNTY OF
This Instrument was acknowledge before me on the _day of 2018.
Notary Public
Notary Public (Print/Type Name)
My Commission Expires:
For Easement No.: 227
INDIANA MICHIGAN POWER,
A UNIT OF AMERICAN ELECTRIC
POWER SERVICES COMPANY
By:
Title:
STATE OF
COUNTY OF
This Instrument was acknowledge before me on the _ day of 12018.
Notary Public
Notary Public (Print/Type Name)
My Commission Expires:
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R/VV Area
3
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CIVIL CITY OF SOUTH BEND
Parcel ID:
71-04-32-258-009.000-003 l
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Approx. Property Boundaries
Easement Area
0.372923 Acres
EXHEBIT'A'
EASEMENTACROSS THE PROPERTY OF: INDIANA MICHIGAN
DATE: 10/19/2017 POWER CO.
SCALE: 1 - 92' CIVIL CITY OF SOUTH BEND
DRAWN BY: RAV LINE NO.:
TLN120:95135
APPROVED BY: KDP
MAP NO.: 322
ST. JOSEPH COUNTY INDIANA
Line Name: South Bend — New Carlisle
Line No.: TLN120:95135 Easement No.: 227
Parcel(s): 71-04-32-258-009,000-003
EASEMENT PAYMENT' SCHEDULE
THE UNDERSIGNED:
GRANTOR: Civil City of South Bend, for the Use and Benefit of its Board of Public Works
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 ofthe Undersigned under an easement dated 2018 from the Undersigned
to the Company, to wit:
PAYMENT SCHEDULE
Easement Acquisition Cost Description:
Easement Paid
Damages Paid
Easement Consideration Paid — Unit Price of $3,500.00—
$ 3,500.00
Pre -Construction Cost Description:
Sub -Totals
$ 3,500.00
Total Consideration includes Initial Consideration Paid
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
Contract Land Staff, LLC
Contract Agent for
Indiana Michigan PowerCompany
By:
Field Agent:
For Office Use Only:
12018 Signed on
GRANTOR
1 2018
Civil City of South Bend, for the Use and Benefit of
Its Board of Public Works
V
GL I PCBUJ Project BPID Work Order Account Dept cc Act ZIP CODE
I I A17804002 42742015-03
Date
Name
BOARD OF PUBLIC WORKS
AGENDA ITEM RE VIEW REQUEST FORM
Kara M. Boyles
Department Engineering
Division/Bureau DPW
BPW Date 6./12/18 Phone Extension 5933
Legal M Attorney Name: C. McDani:els
Controller El 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 El
Bid Opening
Quote Opening
Change Order No
Ease/Encroach.
Other-,
Company or Vendor Name
New Vendor
MBE/WBE Contractor
MBENVBE Contractor Requested
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
El Req. to Advertise F-1 Title Sheet
Indiana Michigan Power Com
El Yes n No
Purchasing
❑ MBE 0 WBE
❑ No E] Yes Name of Com
AEP Easement 227
If Yes, Approved by
118-042
N/A
N/A
N/A
N/A
Supplemental Easements for, South Bend 138kV Transmission
Line Rebuild Project — adjacent to Hepler Basin
F] Required Contractor's Certification Forms Attached _(Non -
Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.)
Amount of F1 increase $
n Decrease $
Previous Amount $
Current Percent of Change: %
New Amount $
Total Percent of Chancie: %
Copy
Original
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F
F-1
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