HomeMy WebLinkAboutGrant of Permanent Easement - Water Line Easement – University of Notre Dame du Lac1316 COUNTY -CITY BUILDING
227 W.JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
June 23, 2020
Mr. Richard Bellis
University of Notre Dame du Lac
RE: Grant of Permanent Easement
Dear Mr. Bellis:
PHONE 574/235-9251
FAx 574/ 235-9171
The Board of Public Works, at its meeting held on June 23, 2020, approved the above
referenced grant of a permanent easement to the City for access to the sewer and water main at
the Landings Development.
Enclosed please find a copy of the grant of easement for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
s/Linda M. Martin, Clerk
Enclosure
GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR
I
GRANT OF PERMANENT EASEMENTS FOR UTILITIES
THIS INDENTURE made this 23rd. day of June , 2020, by
and between University of Notre Dame Du Lac (Grantor), and the City of South Bend, Indiana,
through its Board of Public Works (Grantee), in favor of the City of South Bend, its officers,
employees, contractors, consultants, successors and assigns.
1TiTJI101*&*11:E
That the Grantor hereby grants, conveys, and warrants to Grantee permanent easements
of the nature and at the location hereinafter set forth as described for the installation,
construction, operation, maintenance, adjustment, replacement, repair, alteration, removal,
modernization, and use of a sanitary sewer system, a water main system and municipal utility
lines (The System), together with the right of Ingress to and egress from said permanent
easements for the purpose of installing, construction, operation, maintaining, adjusting,
replacing, repairing, altering, removing, and modernizing said System and other equipment or
facilities indolent thereto, in, upon, over and under the following described real estate in St.
Joseph County, State of Indiana, briefly described as follows:
PERMANENT UTILITY EASEMENTS LOCATED IN THE AND SOUTHWEST AND SOUTHEAST
QUARTERS OF SECTION 25, TOWNSHIP 38 NORTH, RANGE 2 EAST, CLAY TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA BEING MORE PARTICULARYLY DESCRIBED AS FOLLOWS:
MUNICIPAL WATER EASEMENT LEGAL DESCRIPTION:
A PARCEL OF GROUND LOCATED IN THE SOUTHWEST AND SOUTHEAST QUARTERS OF SECTION
25, TOWNSHIP 38 NORTH, RANGE 2 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA AND
BEING MORE PARTICULARLY DESCRIBED AS: COMMENCING ATTHE NORTHEAST CORNER OF
LOT #2 IN THE PLAT OF "DE GROVES 1ST ADDITION TO THE TOWN OF ROSELAND" AS
RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY INDIANA RECORDER'S OFFICE AND
ALSO BEING THE SOUTHEAST TERMINUS OF THE CRIPE STREET RIGHT-OF-WAY; THENCE NORTH
89051'24" EAST ALONG THE SOUTH RIGHT-OF-WAY LINE OF VACATED PORTION OF CRIPE
STREET AS IDENTIFIED IN ORDINANCE NO. 03-2018 OF THE TOWN OF ROSELAND, INDIANA, A
DISTANCE OF 143.24 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00008'35" EAST, A
DISTANCE OF 96.54 FEET; THENCE NORTH 89050'28" EAST, A DISTANCE 534.96 FEET; THENCE
NORTH 00023'20" WEST, A DISTANCE OF 101.57 FEET; THENCE SOUTH 89050'28" WEST, A
DISTANCE OF 10.00 FEET; THENCE NORTH 00023'20" WEST, A DISTANCE 20.00 FEET; THENCE
NORTH 89050'28" EAST, A DISTANCE OF 10.00 FEET; THENCE NORTH 00023'20" WEST, A
DISTANCE OF 91.81 FEET; THENCE SOUTH 89051'24" WEST, A DISTANCE OF 710.95 FEET;
THENCE SOUTH 00023'24" EAST, A DISTANCE OF 77.00 FEET TO THE NORTH RIGHT-OF-WAY
LINE OF CRIPE STREET; THENCE SOUTH 89051'24" WEST ALONG SAID NORTH RIGHT-OF-WAY
LINE, A DISTANCE OF 20.00 FEET; THENCE NORTH 00023'24" WEST, A DISTANCE OF 97.00 FEET,
THENCE NORTH 89051'24" EAST, A DISTANCE OF 266.48 FEET; THENCE NORTH 00008'36" WEST,
A DISTANCE OF 44.00 FEET; THENCE NORTH 89051'24" EAST, A DISTANCE OF 20.00 FEET;
THENCE SOUTH 00008'36" EAST, A DISTANCE OF 44.00 FEET; THENCE NORTH 89051'24" EAST, A
DISTANCE OF 205.05 FEET; THENCE NORTH 00008'36" WEST, A DISTANCE OF 44.00 FEET;
THENCE NORTH 89051'24" EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 00008'36" EAST, A
DISTANCE OF 44.00 FEET; THENCE NORTH 89051'24" EAST, A DISTANCE OF 289.47 FEET;
THENCE NORTH 00023'20" WEST, A DISTANCE OF 585.36 FEET MORE OR LESS TO THE
APPARENT NORTH RIGHT-OF-WAY LINE OF PENDLE ROAD; THENCE NORTH 89045'56" EAST
(REC.) ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 20.00 FEET; THENCE SOUTH
00023'20" EAST, A DISTANCE OF 924.21 FEET; THENCE SOUTH 89036'40" WEST, A DISTANCE OF
20.00 FEET; THENCE NORTH 00023'20" WEST, A DISTANCE OF 318.90 FEET; THENCE SOUTH
89051'25" WEST, A DISTANCE OF 50.05 FEET; THENCE SOUTH 00023'20" EAST, A DISTANCE OF
233.38 FEET; THENCE SOUTH 89050'28" WEST, A DISTANCE OF 534.96 FEET; THENCE SOUTH
00008'35" EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 89050'28" WEST, A DISTANCE OF
20.00 FEET; THENCE SOUTH 00008'35" EAST, A DISTANCE OF 187.49 FEET; THENCE SOUTH
89050'28" WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH 00008'35" WEST, A DISTANCE OF
20.00 FEET; THENCE NORTH 89050'28" EAST, A DISTANCE OF 10.00 FEET; THENCE NORTH
00008'35" WEST, A DISTANCE OF 304.03 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SAID
VACATED PORTION OF CRIPE STREET; THENCE NORTH 89051'24" EAST, A DISTANCE OF 20.00
FEETTO THE POINT OF BEGINNING.
CONTAINING 1.39 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL RIGHT-OF-WAY, EASEMENTS, AND RESTRICTIONS OF RECORD.
MUNICIPAL SANITARY SEWER EASEMENT LEGAL DESCRIPTION:
A PARCEL OF GROUND LOCATED IN THE SOUTHWEST AND SOUTHEAST QUARTERS OF SECTION
25, TOWNSHIP 38 NORTH, RANGE 2 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA AND
BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE NORTHEAST TERMINUS OF
19_Tefil0oil 01:11Eel 0to] ao019*110*8a3 Eel alEel 91Ti%\'/_Vil0l:1►11l9l:1oil 1►to] 0011►/_1►to] a0lo <illta
2018 OF THE TOWN OF ROSELAND, INDIANA, SAID POINT ALSO BEING ON THE EAST
CORPORATE TOWN LINE OF ROSELAND, INDIANA; THENCE SOUTH 00008'36" EAST ALONG THE
EAST TERMINUS LINE OF SAID VACATED PORTION OF CRIPE STREET AND SAID CORPORATE LINE,
A DISTANCE OF 24.81 FEET; THENCE NORTH 89051'24" EAST, A DISTANCE OF 222.65 FEET;
THENCE SOUTH 00023'20" EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 89051'24" WEST, A
DISTANCE OF 232.73 FEET; THENCE NORTH 00008'36" WEST, A DISTANCE OF 4.82 FEET TO THE
SOUTH VACATED RIGHT-OF-WAY LINE OF SAID VACATED PORTION OF CRIPE STREET; THENCE
SOUTH 89051'24" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 474.99 FEET TO THE
SOUTHEAST TERMINUS LINE OF CRIPE STREET; THENCE NORTH 00015'46" WEST ALONG THE
EASTERN TERMINUS LINE OF SAID CRIPE STREET, A DISTANCE OF 40.00 FEET THE NORTHEAST
TERMINUS OF SAID CRIPE STREET; THENCE NORTH 89051'24" EAST ALONG THE NORTH RIGHT-
OF-WAY LINE OF SAID VACATED PORTION OF CRIPE STREET, A DISTANCE 457.77 TO THE POINT
OF BEGINNING.
3
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SUBJECT TO ALL LEGAL RIGHT-OF-WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD.
(See Exhibit "A" for easement locations)
EASEMENT PROVISIONS
1. Construction, Use. Maintenance and Repair.
(a) In connection with the exercise of the Easement and the other rights granted
herein, Grantee shall be permitted, non -exclusively, to enter in, on, and under the
Grantor's real property described above (the "Property") to install, operate, inspect,
and repair the System, provided that Grantee's work relating to the System (including
any of the foregoing described activities in connection therewith) shall not be
performed until after Grantee has provided Grantor with written notice of such
proposed work.
(b) Grantee's construction and operation of the System shall be performed as
expeditiously as commercially reasonable and in accordance with good construction
and operational practices (including, without limitation, taking reasonable measures
to prohibit injury to person or damage to property).
(c) Grantee shall obtain all necessary permits and approvals for the construction,
installation, and maintenance of the System as required by applicable law.
(d) Subsequent to any entry on the Property pursuant to this easement, Grantee
shall restore the Property parcel to at least as good a condition and appearance as
existed prior to such entry. If Grantee does not restore the Property to such condition,
Grantor may do so at Grantee's expense.
(e) Grantee shall promptly discharge or cause to be discharged any mechanic's
or materialman's liens asserted against the Property.
2. Nature of Easements and Rights. The Easement granted herein shall be
appurtenant to and run with the land and shall be binding upon and shall inure
to the benefit of the parties hereto and their transferees, successors and
assigns.
3. Rights Reserved. Grantor shall continue to enjoy the use of the Property for
any purpose which does not materially interfere with or prevent Grantee's
use of the Property. Grantor may grant other easements along, over, across,
and through the Property provided that such easements do not unreasonably
interfere with Grantee's rights.
4. Indemnification. Grantee agrees to indemnify, defend and hold harmless
Grantor, its agents, servants, employees, trustees, officers, contractors,
affiliates and representatives, from any and all liability, loss, expense
(including without limitation reasonable attorneys' fees), damage, judgment
or settlement which they or any of them may suffer, sustain or incur
0
as a result of any third party claims or demands asserted against or incurred
by or on behalf of Grantor, whether arising out of, occurring during, or
resulting from entry by such Grantee and its employees, representatives,
agents and contractors, onto the Property and the performance by Grantee
of any of the activities permitted pursuant to this Easement, with the sole
exception of any such liability, loss, expense, damage, judgment or settlement
which is the result of or arises out of the sole negligence of Grantor.
5. Attorneys' Fees. In the event of any controversy, claim or dispute
relating to this Easement, the prevailing party in a non -appealable
judicial resolution of such controversy, claim or dispute shall be
entitled to recover from the losing party reasonable expenses,
attorneys' fees and costs.
The easements granted herein shall pertain to the air, surface and subsurface rights and interests
of the Grantor, for the use and benefit of the Grantee, to the nature and extent that the Grantee may
5
desire said air, surface and subsurface rights and interests to accomplish and carry out the general
purpose of this conveyance as the same has hereinabove been expressed. The easements hereby granted
are for the exclusive benefit of the Grantee and expressly includes the right and privilege at reasonable
times to clean and remove from said easements such timber, brush, debris, or other obstructions
interfering with City Utilities: Water Main, Sewer Main and Municipal Utility lines (The System).
The Grantor reserves the right to use and occupy the surface area on and over the easements
provided that said use and occupancy does not in any way conflict or obstruct the Grantee's right to use
said surface for the purposes and intentions hereinabove expressed.
The easements granted herein and the associated benefits and obligation, shall constitute a
covenant running with the real estate and shall be binding upon the Grantor and be an obligation thereof
of every person or entity now or hereafter having any fee, leasehold, or other interest in all or any part of
the said real estate.
This indenture shall bind and inure to the benefit of the respective successors and assigns of the
parties hereto.
The Grantor hereby covenants with the Civil City of South Bend, Indiana, that it is lawfully seized
and possessed of the parcel of real estate hereinabove described; that it has good and lawful right to
convey, and that the property is free of all encumbrances that would conflict with the right herein granted,
except for easements held by any railroad or its successors in interest.
The Grantor hereby releases any and all claims from whatsoever cause, incidental to the exercise
of any rights herein granted.
IN WITNESS WHEREOF, Grantor has executed this Grant of Easement for water, sanitary sewer
and municipal utility lines (The System) on the date shown on the acknowledgment set forth herein.
GRANTOR:
UNIYERSITY OF NOTRE DAME DU LAC
4
B C J F,
y _ � ,� , �_� t,J&e -C.. of the
University of Notre Dame Du Lac
GRANTEE:
BOARD OF PUBLIC WORKS
Gary A. CiilAot, President
Elizabeth A. Maradik, Member
Joseph R. Molnar, Member
Therese J. Dorao, Member
Jordan V. Uathers, Member
ATTEST:
8211aa o fravl/
Linda M. Martin, Clerk
[.1
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Gary A.
Gilot, Jordan V. Gathers, Joseph R. Molnar, Elizabeth A. Maradik, Therese J. Dorau, personally known by me
to be members of the Board of Public Works of the City of South Bend, Indiana, and acknowledged the
execution of this Grant of Easement as their voluntary act or deed.
WITNESS my hand and Notarial Seal this day of 120
Notary Public
Resident of St. Joseph County, Indiana
My Commission Expires:
7
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a notary Public in and for said County and State, personally appeared the
University of Notre Dame Du Lac, by its
Lssoc',,A,L " ? , and acknowledged the execution of this Grant of Easement as their
voluntary act or deed.
WITNESS my hand Notarial Seal this � day of """' �_ 20 J
_, ,
Leigh hlarxl '
Lry Public Seal State of Irkiiane
St. Joseph County
mission Number NPt3715t385
ommissionExpires09/21/2028 Notary Public
Resident of St. Joseph County, Indiana
My Commission Expires:
I affirm, under the penalties for perjury, that I have taken responsible care to redact each Social Security
number in this document unless required by law:
This instrument prepared Danch, Harner & Associates, Inc., 1643 Commerce Drive, South Bend, IN 46628.
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BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 6/15/20
Department
Name Kyle Silveus Engineering
BPW Date 6/23/20 Phone Extension 9083
Review and Approval Required Prior to Submittal to Board
Diversity Compliance
❑
Officer Name
and Inclusion Officer
BPW Attorney
®
Attorney Name Clara McDaniels
Dept. Attorney
❑
Attorney Name
Purchasing
❑
Check the Appropriate
Item Type — Reuirec or All Submissions
❑ Professional Services Agreement
❑ Contract
❑ Proposal
❑ Open Market Contract
❑ Amendment/Addendum
❑ Special Purchase, QPA
❑ Bid Opening
❑ Bid Award
❑ Req. to Advertise ❑ Title Sheet
❑ Quote Opening
❑ Quote Award
❑ Reject Bids/Quotes
❑ Proposal Opening
❑ C/O & PCA No.
❑ PCA
❑ Chg. Order, No.
❑ Traffic Control
❑ Resolution
❑ Other:
® Ease./Encroach
Reauired Information
Company or Vendor Name
University of Notre Dame Du Lac
❑ Yes❑ If Yes, Approved by Purchasing
New Vendor
❑ No
MB
❑❑ Yes
MBE/WBE Contractor
E Completed E-Verify Form Attached
❑ No
Proj ect Name
The Landings Development - Easements
Project Number
DP 18-098
Funding Source
N/A
Account No.
N/A
Amount
N/A
Terms of Contract
N/A
Purpose/Description
Easements for public sanitary sewer and public water main
For Change Orders Only
Amount of ❑
Increase $
❑
Decrease ($ )
Previous Amount
$
Increase %
Current Percent of Change:
Decrease ( %)
New Amount
$
Increase %
Total Percent of Change:
Decrease ( %)
Time Extension Amount:
New Completion Date: