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Home My WebLink AboutEasement and Right of Way - Indiana Michigan Power - Installation of Two Transformers for Howard Park Project1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOIITH BEND. INDIANA 46601-1 930 CITY O SOUTH BEND PETE BUTTIGIEG, MAYI B'/ 'PUBLIC April 9, 2019 Sylvia Durham Indiana Michigan Power 2929 Lathrop Avenue South Bend, IN 46628 RE: Easement and Right -of -Way Dear Ms. Durham: PHONE 574/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on April 9, 2019, approved the above referenced easements for the installation of two (2) pad -mounted transformers for the Howard Park Project in the amount of $1 paid to the City. Enclosed please find copies of the easements 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 GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU !UM'M'MUNNNI0i0MOMUNNwNIONwuwiwwwwry�t iwuxiouu o inNNuuoNo�l An AEP Company BOUNDLESS ENERGY - March 25, 2019 Mr. Roger Nawrot, Assistant City Engineer County -City Building 227 W. Jefferson Blvd., Suite 1316 South Bend, IN 46601 Indiana Michigan Power 2929 Lathrop Ave. South Bend, IN 46628 IndianaMichiganPower.com Re: Two Utility Easements to Install Two Padmounted Transformers on Lots 192 and 193 and Two Pedestals on Lots 198, 199, and 200, Cottrell's 1 st Addition to the Town of Lowell, Portage Twp., Sec 12, T37N, R2E, St. Joseph County, Indiana IMPCo Easement No. I'N181 4, Map 575 Dear i4llr p Enclosed is the revised easement for the Howard Park project. Prior to installing this service, the proper company signature is needed on the enclosed Distribution Easement. Also enclosed is legal consideration in the sum of $1.00 in payment of this agreement. The easement is to be completed according to the following guidelines: The Designated Signatory must sign the easement. Please enclose a copy of the official authority with the original, signed easement. The signature must be acknowledged before a Notary Public. No changes are to be made to the easement language. Please return the signed and notarized easement to my office in the stamped, self-addressed envelope enclosed for your convenience in that regard. Upon receipt of the fully executed and notarized easement, we will release this job to the line department for installation. If you have any questions, please do not hesitate to contact me in connection therewith. Sin ly, Sylvia Durham, SI/WA, R1W — NAC Right of Way Agent Indiana Michigan Power Company South Bend Service Center Direct Dial 574,283.1870 smdurham@aep.com Easement No. IN181134 Map No. 575 Parcel ID No 71-08-12-255-002.000-026 (018-6001-0002) 71-08-12-255-001.000-026 (018-6001-0001) THIS INDENTURE, made by and between THE MUNICIPAL CITY OF SOUTH BEND and CIVIL CITY OF SOUTH BEND FOR THE USE AND BENEFIT OF ITS BOARD OF PUBLIC WORKS, and THE CITY OF SOUTH; BEND, all of whose address is County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601 (hereinafter referred to as "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 two EASEMENTS AND RIGHTS -OF -WAY (see Exhibits "A" and "B") 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: Parcels of land in the West One -Half of the Northeast Quarter of Section 12, Township 37 North, Range 2 East, situated in Portage Township, St. Joseph County, Indiana, and more particularly described as follows: Lots 192 — 193 and Lots 198 — 200, SAMUEL L. COTTRELL'S FIRST ADDITION TO THE TOWN, NOW CITY, OF SOUTH BEND, being the same (or a part of the same) properties conveyed as follows: As To Lot 192 THE MUNICIPAL CITY OF SOUTH BEND, by Quit Claim Deed recorded in Book 243 lea a 150 on October 2, 1931 As to Lot 193 THE MUNICIPAL CITY OF SOUTH BEND, by Quit Claim Deed recorded in Book 243", I' a 1 1" on October 2, 1931 As to Lot 198 THE MUNICIPAL CITY OF SOUTH BEND, by Quit Claim Deed recorded in Book 243 PR - a 149 on October 2, 1931 As to Lot 199 CIVIL CITY OF SOUTH BEND FOR THE USE AND BENEFIT OF ITS BOARD OF PUBLIC WORKS, by Quit Claim Deed recorded as Document Number 1526367 on October 2, 2015 As to Lot 200 THE CITY OF SOUTH BEND by Warranty Deed recorded in Book 82 Page 157 on February 4, 1890 All 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 /S 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 is duly authorized and has been fully empowered by the Grantor to execute and deliver this document; that Grantor has full capacity to convey the real estate described herein; 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/her hand and seal. The remainder of this page is intentionally left blank. AS TO LOTS 192,193 AND 198 THE MUNICIPAL CITY OF SOUTH BEND Board of DATED: By: (Please print yo r86A IeU x I as appears above.) STATE OF SS. COUNTY OF Before me, Notar Publi in and for sai County�nd Stag„ on .P, ( 20 /` , personally appeared � � "aU, th �n/1 1) a .t �rx�ry° f EMUNICIPAL CITY OF SOUTH BEND and actin wledg d 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) Notary Public, dh" lei County,=Jun My Commission Expi My Co28, 2020 The remainder of this page is intentionally left blank. AS TO LOT 199 THE MUNICIPAL CITY OF SOUTH BEND, CIVIL CITY OF SOUTH BEND FOR THE USE AND BENEFIT OF ITS BOARD OF PUBLIC WORKS) DATED. By: Its (Please print your name an Mhis line bove) STATE OF � COUNTY OFSS..�. Before me,'q Notary Public in d for saidCounty a Stat, n 20 /9, personally appeared � � .r ld ..� r � ,tthe� ''� G l t , �.OikofT E MUNICIPAL CITY OF SOUTH BEND, CIVIL CITY OF SOUTH BEND FOR THE USE AND BENEFIT OF ITS BOARD OF PUBLIC WORKS 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) Not Notary Public, aunty„ My Commission Expire � .t.1r PuhtI — State of Indiana My Commission Expires Jun 28, 2020 The remainder of this page is intentionally left blank. AS TO LOT 200 THE CITY OF SOUTH BEN%r t DATED: By; 11 i (Please print your name.a I �a this Iin e N oue.T nt STATE OF SS. COUNTY OF-. w , Before me, Notary Public in and far sair County and�State In �. �.t q 20 personally appeared °� : � ;� � "1: r Ate , the A�� u � ��,ao �� rf T `E CITY OF SOUTH BEND 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) Notary Public, C° n My Commission Expir LINDA MI MARTINI Notary Public- Seal State of Indiana My Commission Expires Jun 28, 2020 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. Sylvia M. Durham Prepared by: Sylvia M. Durham, Right of Way Agent, AEP — Indiana Michigan Power Company, 2929 W. Lathrop, South Bend, IN 46628 Phone:574.283.1870 EASEMENT IN181134 EXHIBIT A (1- DRAWING) W/R68823744 DIM0178587 EXHIBIT "A" E JEFFERSON BOULEVARD J00259-3363, 3364 EASEMENT IN181134, MAP 575 __ .� -F\\ LTS 192 & 193, COTTRELL"S ITADDITIONTO LOWELL GRANTOR P.O.C. CITY OF SOUTH BEND I I I u I � t 1 1 1 1 w 0 30 60 I I EASEMENT I p N p I 1, 571 f SQ. FT. I a l Scale: 1" = 60' 1 1 0.04t ACRES I 1 w Q I I N Ld I I' Lf7 J tl 1 p C 9 1. ( ID (MO I u p m I I M M I I I I M M I ( f) 1 1 rn L0 OJ n I N 3 � I I N V 1 0 0 1 F I N90'0000" W I I N 29.00' p S00"00"00"E 1 N00"00'00"E 1 1 18.00' 1 - 48.92' 1 1 192 / 'm S89'44'40W I y N90'00'00' EJ 1 w 1.46' 1 1 9 00' S89'44'40"W 1 - . 15.00' 1i q S00 00100"E I P.O.B. V 1 51.01' I POLE p 1 I d Noo'15'20"W J259-3362 I 4 N89'44'40"''E t 20.00' 256 1 I' 21, 54' I 1 193 1 I u t > _- 1 u 1(f1 1 1 �0 SOU10 k NV') I 257 a I 1 194 r, u 1 V G t 1 WAYNE STREET (82.5' R/W VACATED) GRANT OF m ,ABOMARCHE AEP ELECTRIC EASEMENT Creek Lincoln /IN46601 Goshen So hBend, BenttonHarrbor Hobart yette A PARCEL LOCATED IN THE N 1/2 OF F574251.4440 Southtee Haven South Bend SEC. 12, T37N, R2E, CITY OF SOUTH BEND, abonmarche.aom Valparaiso ST. JOSEPH COUNTY, INDIANA Englneemg ° NcNleclure, Land Surveyhg DATE: 12/21/2018 ACI JOB #: 17.0920 SHT: 1 of 2 COPYRIGHT 2018 - ABONMARCHE CONSULTANTS, INC. EXHIBIT A (2 - LEGAL) A PART OF LOTS 192-193 IN SAMUEL L. COTTRELL'S FIRST ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, ALSO BEING LOCATED IN THE NORTH HALF OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY RIGHT-OF-WAY OF EAST JEFFERSON BOULEVARD AND THE WESTERLY RIGHT-OF-WAY OF ST. LOUIS BOULEVARD; THENCE SOUTH 00'15'20" EAST ALONG SAID WESTERLY RIGHT-OF-WAY, 273.11 FEET; THENCE SOUTH 89°44'40" WEST, 15.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°44'40" WEST, 1.46 FEET; THENCE NORTH 00°00'00" EAST, 48.92 FEET; THENCE NORTH 90°00'00" WEST, 29.00 FEET; THENCE SOUTH 00°00'00" EAST, 18.00 FEET; THENCE NORTH 90°00'00" EAST, 9.00 FEET; THENCE SOUTH 00°00'00" EAST, 51.01 FEET; THENCE NORTH 89°44'40" EAST, 21.54 FEET; THENCE NORTH 00*15'20" WEST, 20.00 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 0.04 ACRES, MORE OR LESS, AND SUBJECT TO ANY COVENANTS, EASEMENTS, AND RIGHT OF WAYS OF RECORD. GRANT OF ELECTRIC EASEMENT A PARCEL LOCATED IN THE N 1/2 OF SEC. 12, T37N, R2E, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 750 Lincoln Way East Battle Creek Goshen South Bend, IN 46601 Benton Harbor Hobart T 574.232.8700 Manistee Lafayette F 574.251.4440 South Haven South Bend abonmorche.com Valparaiso EngheeAig,ArcNIe Iure Landsmeyhg DATE: 12/21/2018 ACI JOB #: 17-0920 SHT: 2 of 2 COPYRIGHT 201E -ABONMARCHE CONSULTANTS, INC. EASEMENT IN181134 W/R 68823744 EXHIBIT B (1- DRAWING) DIM0178587 J00259 — 2829, 3361 EXHIBIT "B" E JEFFERSON BOULEVARD .m. .......... EASEMENT IN181134, MAP 575 LTS 198, 199, 200 C01TRELUS 1' ADDITION TO LOWELL O.C. GRANTOR CITY OF SOUTH BEND. r N tl fi I I " WAYNE STREET (82.5' R/W VACATED) N N 20 WIDE EASEMENT r 0 30 60 3,050f SQ. FT. I `O 0.07f ACRES I Scale: l"=60' LEI o I N 198 1 10 J N d ' 0 M Y d S88'41'23"E PE0 N V 20.00' J25 —2 29 m 264 N N N I � I I N01'18'37"E I I r 51.35' O 56,7J". 7.'k .m ., N C r N N31'27'32"E I K62' � S31"27 2"W 1 112.94' 12.94" I N 265 196 NI 199 1*18'37'1W I I I S55"47'17"E I N N N01 18 37°E N89'44`40"E 1 d N 26.89' N 5.14' S89'44'40"W u I N — '15.00' V d' N55.47'17"W �` I P.O.B. N I 266 67.07' 197 I N 200 S89'44'40'°W S00''I5'20"E f POLE N N 11.34' 20.00' t J259-2478 N I — — — -----_ — 14 V " mm.... ED ALLEY �..,.......,--� � � PED 1 I I J259-3361 n N t u 201 V'T �iO GRANT OF AEP ELECTRIC EASEMENT A PARCEL LOCATED IN THE N 1/2 OF SEC. 12, T37N, R2E, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 750 Lincoln Way East Battle Creek Goshen South Bend, IN 46601 Benton Harbor Hobart 7 574.232.8700 Manistee Lafayette F 574.251.4440 South Haven South Bend abonmarche.com Valparaiso Engkie ring ArcNlecrure Land Smeft DATE: 12/21/2018 ACI JOB #: 17.0920 SHT: 1 of 2 COPYRIGHT 2018 - ABONMARCHE CONSULTANTS, INC. EXHIBIT B (2 - LEGAL) A PART OF LOTS 198-200 IN SAMUEL L. COTTRELL'S FIRST ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, ALSO BEING LOCATED IN THE NORTH HALF OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY RIGHT-OF-WAY OF EAST JEFFERSON BOULEVARD AND THE WESTERLY RIGHT-OF-WAY OF ST. LOUIS BOULEVARD; THENCE SOUTH 00'15'20" EAST ALONG SAID WESTERLY RIGHT-OF-WAY, 647.29 FEET; THENCE SOUTH 89'44'40" WEST, 15.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00*15'20" EAST, 20.00 FEET; THENCE SOUTH 89'44'40" WEST, 11.34 FEET; THENCE NORTH 55*47'17" WEST, 67.07 FEET; THENCE NORTH 01 *18'37" EAST, 26.89 FEET; THENCE NORTH 31 *27'32" EAST, 12.94 FEET; THENCE NORTH 01"8'37" EAST, 51.35 FEET; THENCE SOUTH 88'41'23" EAST, 20.00 FEET; THENCE SOUTH 01"8'37" WEST, 56.73 FEET; THENCE SOUTH 31 *27'32" WEST, 12.94 FEET; THENCE SOUTH 01 *18'37" WEST, 10.62 FEET; THENCE SOUTH 55*47'17" EAST, 49.99 FEET; THENCE NORTH 89'44'40" EAST, 5.14 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 0.07 ACRES, MORE OR LESS, AND SUBJECT TO ANY COVENANTS, EASEMENTS, AND RIGHT OF WAYS OF RECORD. GRANT OF AEP ELECTRIC EASEMENT A PARCEL LOCATED IN THE N 1/2 OF SEC. 12, T37N, R2E, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA �-�A 750 Lincoln Way East Battle Creek Goshen South Bend, IN 46601 Benton Harbor Hobart T 574.232.8700 Manistee Lafayette F 574.251.4440 South Haven South Bend abonmarche.com Valparaiso Engkmdng- Prchlleclure Land Smeft DATE: 12/21/2018 ACI JOB #: 17-0920 SHT: 2 of 2 COPYRIGHT 2018 - ABONMARCHE CONSULTANTS, INC,,