HomeMy WebLinkAboutGrant of Temporary Easement - Temporary Easement Public Sanitary Sewer and Water Main – 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 Temporary 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 temporary easement to the City to facilitate construction of a public sanitary sewer and
water main for 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
GRANT OF TEMPORARY EASEMENT
This grant of Easement is made this 23rd. day of June , 2020 by and
between the University of Notre Dame Du Lac (Grantor) and the City of South Bend, Indiana, through its
Board of Public Works, in favor of the City of South Bend, Indiana, its officers, employees, contractors and
consultants (Grantee); and
WHEREAS, Grantor has given Grantee a Permanent Easement for construction and installation of
water main, sewer main and municipal utility lines (The System) on a portion of its property; and
WHEREAS, parties agree that it will be in their mutual best interests to have a Temporary
Easement in order to facilitate the immediate construction of (The System) in that Permanent Easement,
thereby shortening the period of construction and of disruption to the remaining property of Grantor.
NOW, THEREFORE, in consideration of the foregoing promises and for other good and valuable
consideration, the receipt of which is hereby acknowledged, Grantor hereby grants, conveys and warrants
to Grantee a Temporary Easement for the purpose of accessing its Permanent Easement, which
Temporary Easement shall be over certain real estate in St. Joseph County, State of Indiana, described
more fully as follows:
A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN LOCATED IN THE SOUTHWEST AND SOUTHEAST
QUARTERS OF SECTION 25, TOWNSHIP 36 NORTH, RANGE 2 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY,
INDIANA, BEING MORE PARTICULARLY DESCRIBED AS; BEGINNING AT THE SOUTHEAST CORNER OF LOT
11 OF THE RECORDED PLAT OF DE GROVES 1ST ADDITION TO THE TOWN OF ROSELAND; THENCE SOUTH
89°50'28" WEST ALONG THE SOUTH LINE OF SAID PLAT A DISTANCE OF 194.37 FEET; THENCE SOUTH
00°15'46" EAST A DISTANCE OF 138.00 FEET; THENCE SOUTH 89°50'28" WEST A DISTANCE OF 261.18 FEET
TO THE SOUTHERLY EXTENSION OF THE WEST LINE OF LOT 3 IN SAID DE GROVES 1ST ADDITION; THENCE
NORTH 00°15'46" WESTALONG SAID WEST LINE OF LOT 3 EXTENDED, A DISTANCE OF 354.07 FEET TO THE
NORTH RIGHT-OF-WAY LINE OF CRIPE STREET, SAID POINT BEING THE NORTHERLY EXTENSION OF SAID
WEST LINE OF LOT 1; THENCE SOUTH 89°51'24" WEST ALONG SAID NORTH LINE OF CRIPE STREET, A
DISTANCE OF 83.30 FEET; THENCE NORTH 00°23'20" WEST A DISTANCE OF 141.00 FEET; THENCE NORTH
89'51'24" EAST A DISTANCE OF 825.00 FEET; THENCE SOUTH 00°23'20" EAST A DISTANCE OF 356.87 FEET;
THENCE SOUTH 89°50'28" WEST A DISTANCE OF 286.63 FEET TO THE POINT OF BEGINNING.
CONTAINING 7.18 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL RIGHT-OF-WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD.
THE ABOVE DESCRIBED TEMPORARY CONSTRUCTION EASEMENT CONTAINS 7.18 ACRES, MORE OR LESS.
(See Exhibit "A" for easement location)
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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 Riehts. 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
3
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.
Said Temporary Easement shall expire not later than the 311" day of December 2020.
IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Easement on this date shown
below.
BOARD OIL PUBLIC WORKS
Gary A. Gilot, President
Elizabeth A. Maradik, Member
Joseph R. Molnar, Member
Therese J. Doran, Member
Jordan V. Gathers, Member
ATTEST:
_,,,:y, c¢ii pv
Linda M. Martin, Clerk
GRANTOR:
UNIVERSITY OF NOTRE DAME DU LAC
ry
By cv l' iVk( (-'' of the
University of Notre Dame Du Lac
4
STATE OF|NDIANA \
)SS:
3T.JOSEPHCOUNTY )
Before me, the undersigned, a Notary Public in and for said County and State personally appeared
personally known by me to be
of the University of Notre Dame Du Lac, and acknowledged the
execution ofthis document asher voluntary act ordeed.
WITNESS my hand and notarial Sealthis day of
Commission Number NP0715966
Leigh Handrigan
-
Public Seal State of Indiana
St. Joseph County
My Commission Expires 09/21/
NotaryPubUo
—~�---~----------- Resident nfSt. Joseph County, Indiana
My commission Expires:
6 �4-� z Z'?'O A �'
|offrnl under the penalties for perjury, that I have taken responsible care to redact each Social Security
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: