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Home My WebLink AboutSupplemental & Amended Easement and Right of Way - Contract Land Staff - Indiana Michigan Power1316 COU N'I,),-CiTy BUILDING 227 W. JEFFERSON BOULEVARD SOT JTH BEND. INDIANA 46601-1830 4 14"M 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS January 22, 2019 Marc Lane Contract Land Staff, LLC 104 S. Broadway Street Cassopolis, MI 49031 PHONE 574/ 235-9251 FAx 574/ 235-9171 RE: Supplemental and Amended Easement and Right of Way — Indiana Michigan Power Company Dear Mr. Lane: The Board of Public Works, at its meeting held on January 22, 2019, approved the above referenced electrical line easement restrictions on Organic Resources property in the amount of $3,500 paid to the City. Enclosed please find a recorded copy of the easement for your records. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK LAURA O'SULLIVAN THERESE J. DoRAu Line Name: South Bend — New Carlisle Easement No. 106 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 Civil City of South Bend, by and though its Board of Public Works, whose address is 227 West Jefferson Boulevard, Suite 1200, South Bend, Indiana 46601 ("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 Vernon C. Hastings and Marion H. Hastings, husband and wife and Indiana & Michigan Electric Company, a predecessor in title to AEP, dated September 2, 1925 and recorded in Volume 192 Page 453; (the "Original Easement"); and by and between The Civil City of South Bend and Indiana & Michigan Electric Company, a predecessor in title to AEP, dated December 16, 1987 and recorded in Document No. 8800452; and by and between The St. Joseph County Airport Authority District and Indiana & Michigan Electric Company, a predecessor in title to AEP, dated September 13,1991 and recorded in Document No. 9129633; 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 purposes to modify the Original Easement [insofar as it encumbers property of the Grantor situated in the State of Indiana, St. Joseph County, German Township, Section 28 and 29, Township 38 North, Range 2 East, being the same premises as described in Document No. 1526367 (Parcel No. 71-03-28-100-003.000-009)], 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 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, for the enjoyment of the Easement granted herein. The right, , for the construction, reconstruction, operation and maintenance of AEP Facilities, to cut down, trim, remove, and otherwise control, using environmentally responsible herbicides or tree growth regulators or other means any and all 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 approval 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. THIS 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 AEP's use of the Easement Area for the above referenced purposes. Grantor, subject to the reservation of right to perform routine maintenance and upkeep of the land, 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. 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 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. Executed this ow day off 019. GRANTOR Civil City of South Bend, by and through its Board of Public Works Gary A. Gilot, Board President a Fritzberg, M .... .�.._ SL .a Laura O'S ullivan, Member Therese D rau,, Member ou�� ..... m...... �. Elizabeth A. Maradik, Member f ATTEST.,uj� ia M. Martm Ca�r STATE OF § ... § SS: COUNTY OF �" 4 . .�.................. § This Instrument was acknowledged before me on the o2 l day of W_..www 2019, by Gary A. Gilot as President, Suzanna Fritzberg as Member, Laura O'Sullivan as Member, Therese J. Dorau as Member, Elizabeth A. Maradik as Member and Linda M. Martin as Clerk of the Board of Public Works of the Civil City of South Bend, for and on behalf of the organization. Notary Public Notary Public (Print/Type Nam' c) My Commission Expires: �f, �m R a x � 0 This Instrument Prepared by Thomas St. Pierre, Assistant General Counsel — Real Estate, American Electric Power Service Corporation, 1 Riverside Plaza, Columbus, OH 43215- for and on behalf of Indiana Michigan Power Company, a unit of American Electric Power. When recorded return to: Indiana Michigan Power Company — Transmission Right of Way, 110 East Wayne Street, IMPC19, Fort Wayne, Indiana 46802. Line Name: South Bend - New Carlisle Line No.: TLN120:95135 Easement No.: 106 Parcel(s): 71-03-28-100-003.000-009 EASEMENT PAYMENT SCHEDULE THE UNDERSIGNED: GRANTOR: Civil City of South Bend by and through 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 of the Undersigned under an easement dated ................ 2019 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 — S 3,500.00' Pre -Construction Cost Description: .-....� .............................._ _ .............. Sub -Totals li 3,500.00 Total Consideration includes Initial Consideration Paid S 3,500.00 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 2019 Signed on 12019 Contract Land Staff, LLC Contract Agent for Indiana Michigan Power Company GRANTOR By: Field For Office Use Civil City of South Bend by and through its Board of Public Works By: _ J Gary A. Gilot, Board President By: Sur,At,Ina Fritzberg Mettibo °I.. «i O'Sullivan, Member By: .., Therese J ° onw, Mem er By 1F1i abeth A. Maradik, Member r'tt�°. � tit �„ YC��pC.... ,,. � �`"� ��^�� ... U1 1a M. Martin, Clerk Attach Required W-9 GL PCBU Pro,lect BP ID Work Order Account Dept CC Act ZIP CODE 120 lrRANN42742015-03 9A2 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date January 10, 2019 Name Roger T. Nawrot Department Public Works Division/Bureau E............�............. nginBering BPW Date January 22, 2019 Phone Extension 5932 wmummo mrwmw mmmmn000mmmumam mmmm .� .._....._...................... Required Prior to Submittal to Board..........__................ Legal Z ... Attorney Name: Clara McDaniel's 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 Checkthe H Agreement ❑ Professional Services E] Bid Opening E] Quote Opening R Change Order No. Ease/Encroach. F-1 Other: Company or Vendor Name iropriate Item Type — Required for All Submissions ❑ Contract ProposalmITITmm-.._...___ E] Resolution Bid Award Req. to Advertise Quote Award E C/O & PCA No. PCA Z Traffic Control: New Vendor MBE/WBE Contractor MBE/WBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of LJ Increase F Decrease Previous Amount $ ................ Current Percent of Change: New Amount $ Total Percent of Chance: Copy Original ❑ R ❑ R Reluired Information Addendum ❑ Title Sheet Indiana Michigan Power Company ❑ Yes ® No 0 If Yes, Approved by _- Purchasing .._.....W ........ ❑ MBE F WBE G 1 No Yes Name of Comoanv The restricting of a blanket electrical line easement on the Organic Resources Property to a corridor that is 100 feet wide based upon the existing line location in the south part of the " Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) red For Change Orders Onl Dispersal After r Please sent all documents to Marc Lane, ROW Supervisor at _tract Land Staff, .... 104 South Broadway Street, Cassopolis MI 49031 Office 269-738-4286Cell 218-3938.9......... 0- w _._................_—. 0