HomeMy WebLinkAbout5B5 Nipsco (Hibberd Easement)CITY OF SOUTHBEND
REDEVELOPMENT COMMISSION
Redevelopment Commission Agenda Item
DATE: 12/11/18
FROM: Kyle Silveus
SUBJECT: NIPSCO — Hibberd Easement
Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washinp-ton
PURPOSE OF REQUEST: Request for approval to grant a 5'x20' easement to serve the Hibberd
Development at 322 S Lafayette Blvd. The easement was initially created for AEP and NIPSCO will
occupy the same easement granted by the commission on 5/10/18.
Specifics: Due to existing utility congestion in both the north/south and east/ west alley
between Wayne and Western and Lafayette and Main, the required underground utility
services are not able to be installed in the City Right of Way. After several iterations of
alternate routes and cost analysis, a route consisting of service through the east/west alley
from Lafayette was determined to be the best alternative, requiring a 5'x20' easement in the
NE corner of 322 S Lafayette, which is Commission owned property (west of Hibberd).
INTERNAL USE ONLY: Project Code:
Total Amount new/change (inc/dec) in budget: ; Break down:
Costs: Engineering Amt: ; Other Prof Sery Amt
Acquisition of Land/Bldg (circle one) Amt: ; Street Const Amt
Building Imp Amt ; Sewers Amt ; Other (specify) Amt:
Going to BPW for Contracting? Y/N
Is this item ready to encumber now? Existing PO# Inc/Dec $
EXCELLENCE ACCOUNTABILITY, INNOVATION INCLUSION EMPOWERMENT
1400S County -City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 p574.235.9371 f574.235.9021 www.southbendin.gov
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Northern Indiana Public Service Company LLC
Attn: Suzanne Kizior
801 E 861e Avenue
Merrillville, IN 46410
CROSS-REFERENCE: In accordance with Indiana Code § 32-23-2-5(a), the easement described
below burdens the real estate acquired by Quit Claim Deed dated March 1, 2018, and recorded in the
Office of the Recorder for St. Joseph County, Indiana, as Document No. 1804843, on March 2, 2018.
EASEMENT FOR GAS FACILITIES EASEMENT # 40783
THIS EASEMENT FOR GAS FACILITIES (this "Easement") is granted this
2018, by Department of Redevelopment of the City of South Bend, for the use and benefit of the
Department of Redevelopment, by and through its governing body, the South Bend Redevelopment
Commission, whose address is 1400 South County -City Building, 227 West Jefferson Boulevard, South
Bend, Indiana 46601 ("Grantor') in favor of Northern Indiana Public Service Company LLC, ,an Indiana
limited liability company, with its principal place of business located at 801 E. 86th Avenue, Merrillville,
Indiana 46410 ("Grantee").
WITNESSETH
In consideration of $10.00, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, Grantor hereby grants to Grantee an easement for the exclusive right to
perform the following under, upon, on, over, across and through Grantor's property located in St. Joseph
County, Indiana (the "Premises"):
1. construct, install, operate, maintain, replace (within the Easement Area as defined below),
repair, renew, alter the size of, and remove or abandon (in place) one or more pipelines, gas mains,
underground ducts and conduits, underground wires, cables, conductors, manholes, pull boxes, pads for
transformers with transformers located thereon, markers and test terminals and other appurtenances and
equipment, together with valves, service lines, service connections and lateral connections installed for
transporting gas with associated fluids, or other substances that can be transported through pipelines, and
appurtenant facilities including, but not limited to, cathodic protection, hydrate removal systems and data
acquisition facilities (collectively, the "NIPSCO Facilities");
2. construct, operate, maintain, replace, repair, alter the size of, and remove or abandon
underground communication systems for the transmission of video, data and voice communications, with
appurtenant facilities, including, without limitation, conduits, cables, equipment, splicing boxes, wires,
cathodic protection, and fiber optics cable;
perform pre -construction work;
4. ingress to and egress from the Easement Area by means of existing or future roads and other
reasonable routes on the Premises and on Grantor's adjoining lands;
5. exercise all other rights necessary or convenient for the full use and enjoyment of the rights
herein granted, including the right from time to time to: (a) clear the Easement Area of all obstructions and
(b) clear, cut, trim and remove any and all vegetation, trees, undergrowth and brush and overhanging
branches from the Easement Area by various means, including the use of herbicides approved by the State
of Indiana or the United States Environmental Protection Agency (or successor -in -duty).
The NIPSCO Facilities are to be located within the limits of the permanent right of way further described on
Exhibit A attached hereto and incorporated herein (the "Easement Area"). The Easement Area is shown on
Exhibit B attached hereto and incorporated herein.
The Grantor may use and enjoy the Easement Area, to the extent such use and enjoyment does not interfere
with Grantee's rights under this Easement. Grantor shall not construct or permit to be constructed or place
any structure, including but not limited to, mobile homes, unapproved fences, dwellings, garages, out-
buildings, pools, decks, man-made bodies of water, trees, shrubbery, leach beds and septic tanks on or over
the Easement Area, or any other obstructions on or over Easement Area that will, in any way, interfere with
the construction, maintenance, operation, replacement, or repair of the NIPSCO Facilities or appurtenances
constructed under this Easement. Grantor will not change the depth of cover or conduct grading operations
within the Easement Area. Grantor will not engage in, and will not permit, the dumping of refuse or waste,
or the storage of any materials of any kind. Grantor will not engage in, and will not permit, the operation of
any heavy machinery or equipment over the Easement Area. Grantor will not cause, and will not permit any
third parties to cause, the Easement Area to be covered by standing water, except in the course of normal
seasonal irrigation.
The Grantee will replace and restore the area disturbed by the laying, construction, operation, replacement,
and maintenance of any NIPSCO Facilities to as near as practical to its original condition, except as provided
herein.
With regard to the Easement Area, Grantor will assume all risk, liability, loss, cost, damage, or expense for
any and all pollutants, contaminants, petroleum, hazardous substances and endangerments on or under the
Premises, except those which result from Grantee's use of and activities on the Premises. Grantee will give
Grantor written notice of any claim, demand, suit or action arising from any pollutants, contaminants,
petroleum, hazardous substances and endangerments on or under the Premises within ten (10) business days
from the date that Grantee becomes aware of such claim, demand, suit or action.
Grantor and Grantee agree that, except to the extent caused by the acts or omissions of the Grantee or its
representatives and contractors, the Grantee shall not be liable for, and is hereby released from, any and all
claims, damages, losses, judgments, suits, actions and liabilities, whether arising during, prior to or subsequent
to the term of this Easement, related to the presence of pollutants, contaminants, petroleum, hazardous
substances or endangerments in, beneath or along the Premises.
Grantee agrees to pay for any damage to marketable timber, crops, approved fences (if any) and approved
tile drains (if any) that is caused by the activities conducted pursuant to this Easement.
The rights, privileges and terms hereby shall extend to and be binding upon the Grantor and the Grantee and
their representatives, heirs, successors and assigns.
IN WITNESS WHEREOF, the Grantor has duly executed this Easement for Gas Facilities this
day of _ _ , 2018.
Department of Redevelopment of the City of South
Bend, for the use and benefit of the Department of
Redevelopment, by and through its governing body,
The South Bend Redevelopment Commission
By: _
Name:
Title:
STATE OF )
) SS.
COUNTY OF )
BE IT REMEMBERED that on this day of 2018, before me, a Notary Public in and
for said county and state aforesaid, personally appeared , the
of _ and acknowledged the execution of the foregoing instrument in behalf of
as a voluntary act and deed, for the uses and purposes set forth.
WITNESS my hand and notarial seal the day and year first above written.
Print Name
(SEAL)
Notary Public
My Commission Expires
A Resident of County, Indiana
This instrument prepared by: Andre Wright. "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.
Andre Wri*ht
EXHIBIT "A"
LEGAL DESCRIPTION:
A parcel of land in the West Half of the Northwest Quarter of Section 12,
Township 37 North, Range 2 East, situate in Portage Township, St. Joseph County,
Indiana, and more particularly described as follows:
The east 20.00 feet of the north 5.00 feet of Lot Numbered Two Hundred
Seventy -Nine (279) as shown on the Plat of ORIGINAL PLAT OF THE TOWN, NOW
CITY OF SOUTH BEND, INDIANA.
Being the same (or a part of the same) property conveyed to DEPARTMENT OF
REDEVELOPMENT OF THE CITY OF SOUTH BEND, FOR THE USE AND BENEFIT OF
THE DEPARTMENT OF REDEVELOPMENT, BY AND THROUGH ITS GOVERNING
BODY, THE SOUTH BEND REDEVELOPMENT COMMISSION, by Quit Claim Deed
recorded as Instrument Number 1804843 on March 2, 2018, in the Office of the
Recorder of St. Joseph County, Indiana.
Page 1 of 1
NIPSC(-. �
NORTHERN INDIANA PUBLIC SERVICE COMPANY
801 EAST 86TH AVENUE MERRILLVILLE, INDIANA 46410
EXHIBIT "B "'
ALLEY
•1.239 FEET NORTH OF THE CENTER LINE OF WESTERN AVENUE
PROPi]SEk 2 INCH132 0' 10
"
QI.AS1tC GAS MAIN NORTH LINE OF LOT 279 EASEMENT 20.0
PRPQS
QED 2 INCH 88.0, AREA PLASTIC SERVICE
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SOUTH LINE OF LOT 279
LL SOUTH LINE OF LOT 278
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NIPSC6*
NORTHERN INDIANA PUBLIC SERVICE COMPANY
801 EAST 86TH AVENUE MERRILLVILLE, INDIANA 46410