HomeMy WebLinkAboutTemporary Easement - Staging, Equipment, and Occupancy Workspace for Construction – AEP Indiana Michigan Transmission Company, Inc.1316 COUNTY -CITY BUILDING
227 W.JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
August 25, 2020
Mr. Thomas Schaffer
AEP Indiana Michigan Transmission Company, Inc.
1 Riverside Plaza
Columbus, OH 43215
RE: Temporary Easement
Dear Mr. Schaffer:
PHONE 574/235-9251
FAx 574/ 235-9171
The Board of Public Works, at its meeting held on August 25, 2020, approved the above
referenced agreement for staging, equipment, and occupancy workspace for the construction
of the Muessel - Colfax 69kV Line with payment to the City in the amount of $10.
Enclosed please find a copy of the agreement 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
Line Name: Muessel — Colfax
Easement No. 31TCE
Line No. TLN385:94179
TEMPORARY EASEMENT
On this 25th. day of August , 20 20 (the "Effective Date"), inconsideration of
Ten and NO/100 Dollars ($10.00), and other valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, and the covenants hereinafter set forth, the City of South
Bend Indiana, by and through its Board of Public Works, ("Grantor"), hereby grants,
conveys, and warrants to AEP Indiana Michigan Transmission Company, Inc., an Indiana
corporation, a unit of American Electric Power, whose principal business address is 1 Riverside
Plaza, Columbus, Ohio 43215, ("AEP") and its successors, assigns, lessees and tenants a
temporary easement ("Temporary Easement") being, in, on, over, under, through and across the
following described lands of the Grantor, situated in a part of the Northeast Quarters of Section
Two (2), Township Thirty Seven (37) North of Range Two (2) East bounded by a line running as
follows, viz: Commencing at the intersection of the West bank of the St Joseph River with the
extension East of the North line of the alley which lies North and adjacent to Lots One Hundred
Twenty Four (124) to One Hundred Thirty Three (133) inclusive in Portage Park Addition to the
City of South Bend, Indiana; thence downstream along the West bank of said river to the South
line of the Right of Way of the Michigan Central Railway; thence Westerly along said South
Right of Way line to an intersection with the Northeasterly line of an alley produced, which line
is One Hundred Thirty Four (134) feet measured at right angles from the North Easterly line of
Woodward Avenue produced Northwesterly thence Southeasterly with the Northeasterly line of
said alley to the Northerly line of the alley along Lots One Hundred Thirty Three (133) to One
Hundred Twenty Four (124) inclusive in said Portage Park Addition; thence Easterly along said
Northerly line of said alley to the place of beginning containing Six acres more or less (the
"Temporary Easement Area")-
Grantor(s) claims title by Warranty Deed, recorded in Instrument Number 1526367 of St. Joseph
County, Indiana.
Parcel State ID # 71-08-02-130-001.000-026; Parcel County ID # 018-1094-3937
The Grantor and Grantee understand and hereby agree that all terms and conditions
contained herein shall be effective and binding upon the parties, and their respective successors
and assigns. Grantor and Grantee further agree that:
The temporary easement rights granted herein shall be exclusive as to all except Grantor and any
previously granted rights of record. Grantee may make use of the Temporary Easement Area (as
depicted on the attached Exhibit A) during the term of the Temporary Easement for use for the
workspace necessary for the construction of the nearby electric facilities and for the storage of
materials, equipment and vehicles to be used by Grantee and its contractors and subcontractors
for construction related activities.
Grantee's rights include the right to temporarily disturb the surface of the Easement Area.
This Temporary Easement will automatically terminate the earlier of midnight on March 31,
2021 or upon completion of the construction of Grantee's neighboring electrical facilities and
Grantee's restoration of the Temporary Easement Area to the condition that existed prior to
commencement of construction and inspection and approval by Grantor. Such extinguishment
shall be evidenced by the filing of a Release of Temporary Easement by the Grantee, at
Grantee's sole expense, promptly upon termination of the easement rights granted herein.
Grantor represents, to the best of its knowledge that the Temporary Easement Area is not legally or
contractually restricted as to its use or subject to any special environmental protections that would
affect the use or enjoyment of the Temporary Easement Area by Grantee pursuant to this
Temporary Easement.
The rights granted in this Temporary Easement may be assigned in whole or in part by Grantee,
upon the prior written approval of Grantor.
This instrument contains the complete agreement, expressed or implied between the parties
herein, supersedes any prior verbal or written understandings or agreements, and shall inure to
the benefit of and be binding on their respective successors, assigns, heirs, executors,
administrators, lessees, tenants, and licensees.
IN WITNESS WHEREOF, said Grantor have hereunto set their hand(s) and seal(s) as of the
last date set forth below.
GRANTOR
Civil City of South Bend
Board of Public Works
2
BOARD OF PUBLIC WORKS
State of Indiana
§ SS:
County of St. Joseph
Guy A. Wof, President Therese J. Dorau, Member
Elizabeth "A.Maradik, Member Jordan V. Gathers, Member
7Z ATTEST:
Linda Cflcnlii;
Joseph R'Molnar, 'Member
Linda M Martin, Clerk
This instrument was acknowledged before me on this 04, day of awtS
20�? by Gary A, Gilot, Elizabeth A. Maradik, I'lierese J. Dorau, Jordan, V-6athers, and Joseph
S. Molnar, known to me as the president and members of the Civil City of South Bend Board of
Public Works.
a' 11 d1l N N ON --
LMOMM
I 1 11101
GRANTEE
Print Name: L-0 IA" L—,
My Commission Expires: LE
tat a's
I am a resident of County,':C
Acting in the County of
AEP Indiana Michigan Transmission Company, Inc.,
a Unit of American Electric Power
D by:
...................
Signature of AEP Authorized Representative
Printed Name and Title
State of Indiana
§ SS:
County of
This instrument was acknowledged before me on this _ day of
20_, by known to me to be the authorized representative of
AEP Indiana Michigan Transmission Company, Inc., a unit of American Electric Power.
Notary Public
Print Name:
My Commission Expires:
I am a resident of County,
Acting in the County of
I affirm, under penalties for perjury, that I have taken reasonable care to redact each Social Security
number in this document, unless required by law. Thomas G. St. Pierre
This instrument prepared by Thomas G. St. Pierre, Assistant General Counsel - Real Estate, American
Electric Power Service Corporation, 1 Riverside Plaza, Columbus, OH 43215 for and on behalf of AEP
Indiana Michigan Transmission Company, Inc., a unit of American Electric Power.
When recorded return to: American Electric Power- Transmission Right of Way, PO Box 60, Fort Wayne,
IN 46801
rd
STATE OF INDIANA
ST. JOSEPH COUNTY
CITY OF SOUTH BEND
SECTION(S) 2, T 37 N. R 2 E
(m) = MEASURED
(d) = DEEDED
NORTHWEST CORNER,
SECTION 2-37-2
N 89"37'47" E
mm1850 33'
EXHIBIT "A"
CIVIL CITY OF SOUTH BEND FOR THE USE AND
BENEFIT OF ITS BOARD OF PUBLIC WORKS
DOCUMENT NO. 1526367
STATE ID: 71-08-02-130-001.000-026
COUNTY ID: 018-1094-3937
INTERSECTION, NORTH LINE, LINE TABLE
SECTION 2-37-2 WITH THE EAST
R/W LINE, WOODWARD AVENUE/ LINE NO BEARING LENGTH
KESSLER BOULEVARD L1 S64"52'09"W 41.05'
SOUTHEAST CORNER... L2 S36'49'59"W 42 70'
12' WIDE ALLEY
N 89'49'13" E
359 96
SOUTH R/W LINE, --
NORFOLK SOUTHERN
RAILROAD (NOW
ABANDONED)
N 89'49'13" E
561.92' (d) 578 09' (m)
NORFOLK SOUTHERN
RAILROAD
(100' R/W, ABANDONED)
N 89'49'13" E 173 80' ,..,.�,.,,.. '................
100 150 200 i N 89'2177" W
Z S 87 1T22' W
d
1 inch = 100 ft.
AEP EASEMENT AREA °
CONTAINING 4,440 SQ, FT.
(t .102 OF AN ACRE)
WESTERLY BACK OF
CURB. RIVERSIDE DRIVE
(-� APPROXIMATE
ANGELA BOULEVARD I NORTH & SOUTH 114
(80' RAW) LINE, SECTION 2-37-2
EASEMENT DESCRIPTION
THAT PART OF THE NORTH HALF OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY
OF SOUTH BEND, ST, JOSEPH COUNTY, INDIANA DESCRIBED AS: COMMENCING AT THE
NORTHWEST CORNER OF SAID SECTION 2; THENCE NORTH 89' 37' 47" EAST ON THE NORTH
LINE OF SAID SECTION 2 A DISTANCE OF 1850.33 FEET TO THE INTERSECTION OF SAID
NORTH LINE WITH THE EAST RIGHT OF WAY LINE OF WOODWARD AVENUE/KESSLER
BOULEVARD; THENCE NORTH 89' 49' 13" EAST ON SAID NORTH LINE 359.96 FEET TO THE
SOUTHEAST CORNER OF A 12 FOOT WIDE ALLEY, SAID POINT ALSO BEING THE SOUTHWEST
CORNER OF A PARCEL OF LAND CONVEYED TO YTL IN DOCUMENT NUMBER 9908006 IN THE
OFFICE OF THE RECORDER OF ST JOSEPH COUNTY, INDIANA;
THENCE CONTINUING NORTH 89" 49' 13" EAST ON SAID NORTH
LINE 578.09 FEET (DEEDED 581.92 FEET) TO THE SOUTHEAST
CORNER OF SAID PARCEL, SAID POINT BEING ON THE WESTERLY
BACK OF CURB OF RIVERSIDE DRIVE; THENCE SOUTHWESTERLY14V
115,88 FEET ON SAID WESTERLY BACK OF CURB AND ON A 367.65
FOOT RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS SOUTH w
29' 45' 50" WEST 115,40 FEET TO THE SOUTH RIGHT OF WAY LINE
OF THE NORFOLK SOUTHERN RAILROAD (NOW ABANDONED);
THENCE SOUTH 89' 49' 13" WEST ON SAID SOUTH RIGHT OF WAY
LINE AND PARALLEL WITH SAID NORTH LINE 38.84 FEET TO THELS208OW48
POINT OF BEGINNING OF THE LAND HEREIN DESCRIBED; THENCE
SOUTH 64' 52' 09" WEST 41.05 FEET; THENCE NORTH 89' 21 22 2
WEST 69.02 FEET; THENCE SOUTH 36' 49' 59" WEST 42.70 FEET, * <" " /� , 0(6 �N
THENCE SOUTH 87' 13' 22" WEST 39 94 FEET; THENCE NORTH 02" °y)"
20' 35" WEST 52 26 FEET TO SAID SOUTH RIGHT OF WAY LINE; a " '" � LINE
THENCE SOUTH RIGHT O AND PARALLEL WITH SAID NORTH LINE 173 80FEETTO THE 7 /
POINT OF BEGINNING.
BEARINGS ARE BASED ON THE INDIANA STATE PLANE
COORDINATE SYSTEM, EAST ZONE, U,S. SURVEY FEET,
THIS IS NOT A
BOUNDARY SURVEY
SOUTHEAST CORNER, PARCEL
CONVEYED TO YTL IN DOCUMENT
NO 9908006 IN THE OFFICE OF THE
RECORDER OF ST JOSEPH COUNTY,
INDIANA DESCRIBED AS BEING THE
WESTERLY RIGHT OF WAY LINE OF
RIVERSIDE DRIVE, SAID POINT BEING
ON THE WESTERLY BACK OF CURB
OF RIVERSIDE DRIVE
NORTH R/W LINE, NORFOLK
SOUTHERN RAILROAD (NOW
ABANDONED) & NORTH LINE,
SECTION 2-37-2
A = 18'03'35"
L = 115 88'
R = 367.65'
T=5843'
CH = S 29'45'50" W
115.40'
VICINITY MAP
NOT TO SCALE
BRIAN P. LIEBERG
WEST EDGE
OF WATER
2 1
DATE
INDIANA STATE PLANE COORDINATE SYSTEM
MUESSEL - COLFAX 6 9k V (EAST ZONE) U S SURVEY FEET
AEP INDIANA MICHIGAN TRANSMISSION COMPANY, INC. DRAWN BY: T. ROOT CHECKED BY:
LINE: TLN385:94179 WO: 42618915-03 SCALE: 1" = 100' EXHIBIT "A" PREPARED BY:
WIGHTMAN
EASEMENT: 31TEMP1 MAP NO: W&A JOB* 180272 2303 PIPESTONE ROAD
�- BENTON HARBOR, MI 49022
DATE CREATED: 02/07/2019 REVISIONS: 269-927-0100
STATE
F INDIANA
ST, OS PH COUNTY EXHIBIT "A"
CITY OF SOUTH BEND CIVIL CITY OF SOUTH BEND FOR THE USE AND
SECTION(S) 2, T 37 N, R 2 E BENEFIT OF ITS BOARD OF PUBLIC WORKS
DO UMENT NO. 1526367
STATE 0 71-08-02-130-001.000-®46 t
CdYNTY ID:018-1094-3937
0 MEASUR Dl
.D.EEDE4
N t0hNnCG LINE,
,.
LINE TABLE
SEC, WITH lft,A�A$T
IA$R'� LINE NO BEi NG 4E THxA1C1d tii�N41L�
t1M. LL �'AN , ItlS� L1 " R W r"tlYak
xtlJ6J4Gtl 'G' CORNER, L2 G ,14Vyi15
SLR CdCbN 2-37 2N 89'3T4T E N NN . q 12 WRP1R AR R 6 Y
r
„l „w 9R"L ,roc
w it 35998' 581 � Y l 92'�d)'+73Yd1N"(m)
�/,
O 'FOLE'SOUTHERN
RNLROAD
(100 ANIIi, ABANDONED)
N 89'49 13' E 113 80' '
W - 38 84' P' iq+;
d
bJJ
q''""" WESTERLY BACK OF
u CURB, R1gW� RSNd� E Of
ANGRLA BOULEVARDr,h~ APPROXIMATE r„
�� 7rz�hw�w ���aUrH 1s4
ONLL, SECTION 2-37.2.
rASEMEN1" OFSCMPTION (t'4f " R'/W)
THAT PART OF THE NORTH HALF OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY
OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA DESCRIBED AS: COMMENCING AT THE
NORTHWEST CORNER OF SAID SECTION 2; THENCE NORTH 89" 37' 47" EAST ON THE NORTH
LINE OF SAID SECTION 2 A DISTANCE OF 1850.33 FEET TO THE INTERSECTION OF SAID
NORTH LINE WITH THE EAST RIGHT OF WAY LINE OF WOODWARD AVENUE/KESSLER
BOULEVARD; THENCE NORTH 89' 49' 13" EAST ON SAID NORTH LINE 359.96 FEET TO THE
SOUTHEAST CORNER OF A 12 FOOT WIDE ALLEY, SAID POINT ALSO BEING THE SOUTHWEST
CORNER OF A PARCEL OF LAND CONVEYED TO YTL IN DOCUMENT NUMBER 9908006 IN THE
OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA;
THENCE CONTINUING NORTH 89" 49' 13" EAST ON SAID NORTH
LINE 578,09 FEET (DEEDED 581,92 FEET) TO THE SOUTHEAST
CORNER OF SAID PARCEL, SAID POINT BEING ON THE WESTERLY
BACK OF CURB OF RIVERSIDE DRIVE; THENCE SOUTHWESTERLY
115.88 FEET ON SAID WESTERLY BACK OF CURB AND ON A 367.65
FOOT RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS SOUTH
29' 45' 50" WEST 115.40 FEET TO THE SOUTH RIGHT OF WAY LINE
OF THE NORFOLK SOUTHERN RAILROAD (NOW ABANDONED);
THENCE SOUTH 89' 49' 13" WEST ON SAID SOUTH RIGHT OF WAY
LINE AND PARALLEL WITH SAID NORTH LINE 38.84 FEET TO THE
POINT OF BEGINNING OF THE LAND HEREIN DESCRIBED; THENCE
SOUTH 64" 52' 09" WEST 41.05 FEET; THENCE NORTH 89" 21' 22"
WEST 69.02 FEET; THENCE SOUTH 36' 49' 59" WEST 42.70 FEET;
THENCE SOUTH 87" 13' 22" WEST 39-94 FEET; THENCE NORTH 02'
20' 35" WEST 52,26 FEET TO SAID SOUTH RIGHT OF WAY LINE,
THENCE NORTH 89" 49' 13" EAST ON SAID SOUTH RIGHT OF WAY
LINE AND PARALLEL WITH SAID NORTH LINE 173.80 FEET TO THE
POINT OF BEGINNING.
BEARINGS ARE BASED ON THE INDIANA STATE PLANE
COORDINATE SYSTEM, EAST ZONE, U.S. SURVEY FEET.
MUESSEL - COLFAX 69kV
AEP INDIANA MICHIGAN TRANSMISSION COMPANY, INC.
LINE: TLN385:94179 I WO:42618915-03
EASEMENT: 31TEMP1 I MAP NO:
DATE CREATED: 02/07/2019
b
THIS IS NOT A
BOUNDARY SURVEY.
SOUTHEAST CORNER, PARCEL
CONVEYED TO YTL IN DOCUMENT
NQ. J%40)b IN }k1(,9I ,�.b.�
Nd914NiRAN CIN .NOR3rklK
SOUTHERN RAILROAD (NOW
ABANDONED) & NORTH LINE,
SEC" I ION 2-37-2
VICINITY MAP
NOT TO SCALE
BRIAN P. LIEBERG
L-20800148
DATE
INDIANA STATE PLANE COORDINATE SYSTEM
(EAST ZONE) U.S SURVEY FEET
DRAWN BY: T. ROOT CHECKED BY:
SCALE: 1" = 100' EXHIBIT "A" PREPARED BY:
WIGHTMAN
W&A JOB#: 180272 2303 PIPESTONE ROAD
BENTON HARBOR, MI 49022
REVISIONS: 269-927-0100
Date 8/19/2020
Department
Name Sue Ellen Doudrick Engineering
BPW Date 8/25/2020 Phone Extension
Review and Approval Required Prior to Submittal to Board
Diversity Compliance
and Inclusion Officer ❑ Officer Name
BPW Attorney ® Attorney Name Clara McDaniels
Dept. Attorney ® Attorney Name Clara McDaniels
Purchasing ❑
Check the Appropriate Item Type —Required 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
n Other: M Ease./Encroach
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
Information
EIR
❑ Yes ❑ If Yes, Approved by Purchasing
❑ No
E] MBE ❑ WBE Completed E-Verify Form Attached ❑ Yes
❑
AEP Colfax-Drewrys 69 kV Underground Transmission Project — Phase I
DP18-107
n/a
n/a
$10 payment to the City
lump sum
AEP needing a temporary construction easement for use of the workspace
necessary for the construction of the nearby electric facilities and for the storage
of materials, equipment and vehicles to be used by Grantee and its contractors
and subcontractors for construction related activities. Work is for construction of
a 69kV line including staging, equipment, and occupancy. See attached.
For Change Orders Only
Amount of ❑ Increase $
❑ Decrease ($ )
Previous Amount
Current Percent of Change:
New Amount
Total Percent of Change:
Increase %
Decrease ( %
Increase %