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1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021
To: Redevelopment Commission
From: Matthew Sikora, Economic Development Planner S
Subject: Request for approval of Easement & Right of Way (IMP)
Date: May 24, 2011
Attached for approval are two "Requests of Easement & Right of Way" from Indiana
Michigan Power for two properties located in Oliver Industrial Park. The purpose of the
easements is for the instillation of electrical utilities.
These two requests have been reviewed by legal counsel and vetted through the
Department of Public Works.
Staff seeks approval of the "Request of Easement & Right of Way" by the Commission.
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WENT & RIGHT OF WAY
Tax ID No. Pt. 018- 3061 - 2351(71- 08 -11- 378 - 003.000 -026)
Easement No. IN111021
Map No. 575
THIS INDENTURE, made by and between CITY OF SOUTH BEND, FOR THE USE AND BENEFIT OF ITS
DEPARTMENT OF REDEVELOPMENT, a Municipal Unit, whose address is 227 W. Jefferson Blvd., South Bend, Indiana
46601 ("Grantor"), and INDIANA MICHIGAN POWER COMPANY, an Indiana Corporation, whose post office address is P.O.
Box 60, One Summit Square, Fort Wayne, Indiana 46801 ( "Grantee ").
WITNESSETH, that for One ($1.00) Dollar and other good and valuable consideration in hand paid, the
receipt and sufficiency of which Grantor hereby acknowledges, Grantor does hereby grant and convey to Grantee a RIGHT -OF-
WAY AND EASEMENT (see Exhibit "A" attached hereto for the specific dimensions and location identification) for the
construction, operation, use, maintenance, repair, renewal, and removal of a line or lines of overhead and underground facilities
and equipment for the transmission of electrical energy and for communication purposes, including the right to permit
attachments of others to said facilities, in, on, along, under, over, across, and through the said easement, which easement is
located on the following described REAL ESTATE, to-wit:
A part of the South Half of Section 11, Township 37 North, Range 2 East, Portage Township, St. Joseph
County, Indiana, being particularly described as follows:
Lot 1 as shown on the recorded plat of OLIVER PLOW WORKS FIRST MINOR SUBDIVISION recorded
February 17, 2011, as Document Record 1105030 in the Office of the Recorder of St. Joseph County, Indiana.
Being the same (or a part of the same) property conveyed to CITY OF SOUTH BEND, FOR THE USE AND
BENEFIT OF ITS DEPARTMENT OF REDEVELOPMENT by Quit Claim Deed dated March 7, 2002, and
recorded as Document Record 0216326 on March 19, 2002, in the Office of the Recorder of St. Joseph
County, Indiana.
TOGETHER with the right of ingress and egress to, from, and over said premises, and also the right to cut,
trim, and /or remove any trees or bushes which may endanger the safety or interfere with the construction, maintenance, or use
of said facilities.
GRANTEE shall promptly repair or replace all physical damage on the premises proximately caused by the
construction, operation, and maintenance of Grantee's facilities.
GRANTOR warrants that no structure or building shall be erected upon said easement.
AFTER the completion of said system, the Grantor reserves the full use of the land which is not inconsistent
with the existence and maintenance of said facilities but does agree not to change elevation or grade within the area of said
easement without the written prior consent of Grantee.
IT IS AGREED that the foregoing is the entire contract between the parties hereto, and that this written
agreement is complete in all its terms and provisions and shall be binding on their respective representatives, heirs, successors,
and assigns.
THE UNDERSIGNED PERSON executing this document on behalf of Grantor, represents and certifies that
he /she is duly authorized by the Grantor and has been fully empowered to execute and deliver this document; that Grantor has
full capacity to convey the real estate described here; and that all necessary action for the making of such conveyance has been
taken and done.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal on 20.
STATE OF
) SS.
COUNTY OF
CITY OF SOUTH BEND, a Governmental Municipality,
By:
, its
(Please print your name and title on this line exactly as it appears above.)
Before me, a Notary Public in and for said County and State, on , 20_, personally appeared
, the of CITY OF SOUTH BEND, a Governmental Municipality, and acknowledged
execution of the foregoing document for and on behalf of said Grantor, and who, having been duly sworn, stated that the representations therein
contained are true.
WITNESS my hand and Notarial Seal.
(SEAL)
I affirm, under the penalties for perjury, that I have
taken reasonable care to redact each social security
number in this document, unless required by law:
S. M. Durham
Notary Public,
County,
My Commission Expires:
Prepared by:
Sylvia M. Durham, Right of Way Agent
AEP — Indiana Michigan Power Company
2929 W. Lathrop, South Bend, IN 46628
574.283.1870
EXHIBIT "A"
EASEMENT NO. IN111021, MAP 575
LT 1 OLIVER PLOW WORKS FIRST MINOR
County of: St. Joseph Township: Portage GRANTOR CITY OF SOUTH BEND
City of: South Bend Section: 11 -
Owner: City of South Bend - Redevelopment Township: 37 N. Range: 2E.
AEP Pole Map: J258 Map No. 575
Service Address: Oliver Plow Works First Minor Subdivision, Lot 1
A utility easement is granted to INDIANA MICHIGAN POWER COMPANY for the installation of
electrical utilities. Easement dimensions are shown on sketch below.
Designer: Bruce Waggoner Drawn by: Bruce Waggoner Date: 03/24/11 Scale: None
NORTH
LAStMtN I IN111U11, MAN 5/5
W/R 39221716
W/O DIM0122608
100258 — 2598
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SEMENT & RIGHT OF WAY
Tax ID No. Pt. 018 - 3061 - 2351(71- 08 -11- 378 - 003,000 -026)
Easement No. IN111021
Map No. 575
THIS INDENTURE, made by and between CITY OF SOUTH BEND, FOR THE USE AND BENEFIT OF ITS
DEPARTMENT OF REDEVELOPMENT, a Municipal Unit, whose address is 227 W. Jefferson Blvd., South Bend, Indiana
46601 (`Grantor"), and INDIANA MICHIGAN POWER COMPANY, an Indiana Corporation, whose post office address is P.O.
Box 60, One Summit Square, Fort Wayne, Indiana 46801 ( "Grantee ").
WITNESSETH, that for One ($1.00) Dollar and other good and valuable consideration in hand paid, the
receipt and sufficiency of which Grantor hereby acknowledges, Grantor does hereby grant and convey to Grantee a RIGHT -OF-
WAY AND EASEMENT (see Exhibit "A" attached hereto for the specific dimensions and location identdication) for the
construction, operation, use, maintenance, repair, renewal, and removal of a line or lines of overhead and underground facilities
and equipment for the transmission of electrical energy and for communication purposes, including the right to permit
attachments of others to said facilities, in, on, along, under, over, across, and through the said easement, which easement is
located on the following described REAL ESTATE, to -wit:
A part of the South Half of Section 11, Township 37 North, Range 2 East, Portage Township, St. Joseph
County, Indiana, being particularly described as follows:
Lot 2 as shown on the recorded plat of OLIVER PLOW WORKS FIRST MINOR SUBDIVISION recorded
February 17, 2011, as Document Record 1105030 in the Office of the Recorder of St. Joseph County, Indiana.
Being the same (or a part of the same) property conveyed to CITY OF SOUTH BEND, FOR THE USE AND
BENEFIT OF ITS DEPARTMENT OF REDEVELOPMENT by Quit Claim Deed dated March 7, 2002, and
recorded as Document Record 0216326 on March 19, 2002, in the Office of the Recorder of St. Joseph
County, Indiana.
TOGETHER with the right of ingress and egress to, from, and over said premises, and also the right to cut,
trim, and /or remove any trees or bushes which may endanger the safety or interfere with the construction, maintenance, or use
of said facilities.
GRANTEE shall promptly repair or replace all physical damage on the premises proximately caused by the
construction, operation, and maintenance of Grantee's facilities.
GRANTOR warrants that no structure or building shall be erected upon said easement.
AFTER the completion of said system, the Grantor reserves the full use of the land which is not inconsistent
with the existence and maintenance of said facilities but does agree not to change elevation or grade within the area of said
easement without the written prior consent of Grantee.
IT IS AGREED that the foregoing is the entire contract between the parties hereto, and that this written
agreement is complete in all its terms and provisions and shall be binding on their respective representatives, heirs, successors,
and assigns.
THE UNDERSIGNED PERSON executing this document on behalf of Grantor, represents and certifies that
he /she is duly authorized by the Grantor and'has been fully empowered to execute and deliver this document; that Grantor has
full capacity to convey the real estate described here; and that all necessary action for the making of such conveyance has been
taken and done.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal on
STATE OF
) SS.
COUNTY OF
`jib
CITY OF SOUTH BEND, a Governmental Municipality,
By:
its
(Please print your name and title on this line exactly as it appears above.)
Before me, a Notary Public in and for said County and State, on 20 , personally appeared
, the of CITY OF SOUTH BEND, a Governmental Municipality, and acknowledged
execution of the foregoing document for and on behalf of said Grantor, and who, having been duly sworn, stated that the representations therein
contained are true.
WITNESS my hand and Notarial Seal.
(SEAL)
I affirm, under the penalties for perjury, that I have
taken reasonable care to redact each social security
number in this document, unless required by law:
S. M. Durham
Notary Public,
County,
My Commission Expires: _
Prepared by:
Sylvia M. Durham, Right of Way Agent
AEP — Indiana Michigan Power Company
2929 W. Lathrop, South Bend, IN 46628
574.283.1870
EXHIBIT "A"
EASEMENT NO. IN111022, MAP 575
LT 2 OLIVER PLOW WORKS FIRST MINOR
County of: St. Joseph Township: Portage GRANTOR CITY OF SOUTH BEND
City of: South Bend Section: 11
Owner: Holladay Corp. Township: 37N. Range: 2E.
AEP Pole Map: J258 Map No. 575
Service Address: 815 Oliver Plow Ct. South Bend, IN
A utility easement is granted to INDIANA MICHIGAN POWER COMPANY for the installation of
electrical utilities. Easement dimensions are shown on sketch below.
Designer: Bruce Waggoner Drawn by: Bruce Waggoner Date: 03/24/11 Scale: None
EASEMENT IN111022, MAP 575
W/R 39221716
W/O DIM0122608
J00258 —1688
NORTH
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