HomeMy WebLinkAbout6B1 Consent to Easement (Fire Arts)
Redevelopment Commission Agenda Item
DATE: April 6, 2021
FROM: Santiago Garces, Executive Director
SUBJECT: Consent to I&M Easement - Fire Arts, Inc. Property
Funding Source* (circle one) River West; River East; South Side; Douglas Road; West Washington; RDC General
*Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller,
then the authorization of the expenditure of such funds shall be void and of no effect.
Purpose of Request: Consent to an easement for the benefit of AEP Indiana Michigan
Transmission Company, Inc. at a portion of the Fire Arts, Inc. property located at 216 Sycamore
on the northernmost edge of the property line.
Specifics: We are requesting conditional approval of a consent to an easement through the
parking lot of property located at 216 Sycamore. The Commission transferred the property to
Fire Arts, Inc. on January 3, 2012, keeping a reversionary interest through January 3, 2037. The
property will revert to the Commission if the property is no longer used as a not-for-profit fine
arts studio and gallery, and no portion of the property may be transferred during the
reversionary period. In order to facilitate the I&M transmission line to the hydroelectric project
being constructed by the University of Notre Dame and improve the reliability of the power grid
by interconnecting two substations (Muessel and Colfax), I&M requested this easement. In
consultation with the City's Planning and Engineering teams, we ask that the Commission
consent to an easement of no greater than 20' from the northernmost boundary of the parking
area behind the structure. We are waiting for a final survey drawing from I&M reflecting the 20'
easement area in order to complete the document.
INTERNAL USE ONLY: Project ID: PROJ ;
Total Amount – New Project Budget Appropriation $_______________;
Total Amount – Existing Project Budget Change (increase or decrease) $_______________;
Funding Limits: Engineering: $_____________________; Other Prof Serv Amt $_______________;
Acquisition of Land/Bldg (circle one) Amt: $___________; Street Const Amt $________________;
Building Imp Amt $_________; Sewers Amt $_________; Other (specify) Amt $ ________________
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
Page 1 of 4
State Parcel No. Ref.: 71-08-12-129-007.000-026
County Parcel No. Ref.: 018-5003-0048
CONSENT TO EASEMENT
This Consent to Easement (“Consent”) is entered into as of the last date set forth below,
by and between:
“AEP” AEP Indiana Michigan Transmission Company, Inc.
“City” The City of South Bend, for the Use and Benefit of its Department
of Redevelopment
RECITALS
A. WHEREAS, Fire Arts, Inc. (“Fire Arts”) is the owner of real property described in
a certain Corporate Warranty Deed (the “Property”), said Corporate Warranty
Deed dated January 3, 2012, and recorded on January 3, 2012 as Document
Number 1200104 with the St. Joseph County Recorder (the “Deed”);
B. WHEREAS, the City has an interest in the Property pursuant to the covenants,
conditions, and restrictions set forth in the Deed and a certain Purchase
Agreement referenced and incorporated therein, dated August 26, 2009, and
recorded on December 19, 2011 as Document Number 1133865 with the St.
Joseph County Recorder (the “City’s Interest”);
C. WHEREAS, AEP desires to acquire an easement on the Property, and AEP and
the City acknowledge that Fire Arts desires to grant an easement to AEP;
D. WHEREAS, the City desires to provide its written consent for Fire Arts to
transfer and/or convey an easement to AEP.
Page 2 of 4
CONSENT
The parties agree that the foregoing Recitals are material terms of this Consent and are
expressly incorporated herein and further agree as follows:
1.0 Consent
In consideration of TEN DOLLARS ($10.00) and other good and valuable consideration,
the City hereby consents to the granting to AEP by Fire Arts of an easement to
encumber the Property. The location, size, and specifications of such easement is
attached hereto as Exhibit “A.”.
2.0 Consent to be Recorded
AEP and the City agree that, upon execution, this Consent shall be recorded in the real
property records of St. Joseph County, Indiana at AEP's sole cost and expense.
3.0 Waiver
The City does not waive any other rights or provide any consent to the reduction of its
interest in the Property, except as expressly set forth herein.
Any remaining space on this page left intentionally blank. See next page for
signatures.
Page 3 of 4
CITY
Date: _________________ _____________________________________________
The City of South Bend, for the Use and
Benefit of its Department of Redevelopment, by the
South Bend Redevelopment Commission
By: ___________________________________
Marcia I. Jones, President
Attest:
___________________________________
Quentin M. Phillips, Secretary
State of Indiana §
§
County of St. Joseph §
This instrument was acknowledged before me on this ______ day of _________________,
2021 by Marcia I. Jones, President and Quentin M. Phillips, Secretary, of The South Bend
Redevelopment Commission, as the governing body of the City of South Bend, Indiana
Department of Redevelopment, being authorized so to do.,
_________________________
Notary Public
Print Name:________________
My Commission Expires:___________
I am a resident of ______ County, ______
Acting in the County of ___________, ____ (State)
Page 4 of 4
AEP
Date: _________________ ______________________________________________
AEP Indiana Michigan Transmission Company, Inc.
By: ___________________________________
Its: ___________________________________
State of _______________ §
§
County of _____________ §
This instrument was acknowledged before me on this ______ day of ______________,
20____ by _________________________________, for and on behalf of AEP Indiana
Michigan Transmission Company, Inc.
_________________________
Notary Public
Print Name:________________
My Commission Expires:___________
I am a resident of ______ County, ______
Acting in the County of ___________, ____ (State)
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. /s/ Calvert S. Miller
This instrument prepared by Calvert S. Miller, CARSON LLP, 301 West Jefferson Blvd.,
Suite 200, Fort Wayne, IN 46802, 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