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HomeMy WebLinkAboutMOU - Jagdish Easement Kern Rd. & Michigan St. - AEP1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS February 14, 2023 Mr. Cal Miller AEP Indiana Michigan Transmission Company, Inc. One Riverside Plaza Columbus, OH 43215 millerkcarsonllp. com RE: Memorandum of Understanding Dear Mr. Miller: At its February 14, 2023 meeting, the Board of Public Works approved the above referenced memorandum to acquire an Easement located at the Northwest corner of Kern Rd. and Michigan St., owned by JAI Jagdish, Inc. Enclosed please find the original of the memorandum for your signature. Please sign and return the original memorandum to lhensleygsouthbendin.gov. Please retain a copy for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, Is/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is entered into by and between AEP Indiana Michigan Transmission Company, Inc. ("AEP"), an Indiana corporation, being a unit of American Electric Power, with a principal place of business of One Riverside Plaza, Columbus, OH 43215„ and the Civil City of South Bend (the "City"), 227 W. Jefferson Blvd., South Bend, Indiana 46601, by and through its Board of Public Works. RECITALS WHEREAS, AEP seeks to acquire an easement on certain real property located in St. Joseph County, Indiana, located at the northwest corner of Kern Road and Michigan Street (Tax ID No. 71-13-02-226-023.000-002), owned by JAI Jagdish, Inc., and described and approximately depicted in Exhibit 1 (the "Property"); WHEREAS, the City, through its Board of Public Works, owns a right-of-way ("R/W Area') as approximately depicted in Exhibit 4, and holds two easements, attached hereto as Exhibit 2 (collectively, the "City Easement"), and depicted in Exhibit 3, for the use of a sewer system, water line, and related facilities on the Property; WHEREAS, the easement AEP seeks to acquire on the Property is identified in Exhibit 5 (the "AEP Easement"); WHEREAS, a portion of the AEP Easement overlaps with the City Easement as depicted in Exhibit 6 (the "Overlap Area"); WHEREAS, AEP's facilities have been built on the Property and in the R/ W Area as approximately depicted on Exhibit 7; and, WHEREAS, the City has no objection to AEP's acquisition of the AEP Easement, and AEP and the City desire to enter into this MOU to document their agreement regarding the use of the City Easement and of the AEP Easement. MOU NOW, THEREFORE, in consideration of the mutual promises and representations set forth below, and the Recitals set forth above, which are understood to be terms of this MOU, AEP and the City agree as follows: 1.0 Overlap Area With regard to the Overlap Area, AEP understands and agrees that AEP has only aerial easement rights in the Overlap Area, which rights are limited to the installation, maintenance, and repair of overhead wires, conductors, cables, and appurtenant Nw equipment, and AEP acknowledges that it shall not have the right to install or maintain any poles or structures or other non -aerial facilities within the Overlap Area. 2.0 R/W Area With regard to the R/W Area, AEP previously installed poles and/or structures, overhead wires, conductors, cables, and appurtenant equipment in the R/ W Area, as depicted in Exhibit 7. AEP understands and agrees that AEP does not have the right to install any new poles or structures, or any additional wires, conductors, cables, and appurtenant equipment, within the R/ W Area, which do not currently exist in the R/ W Area as of the date of this MOU, unless AEP obtains the City's express written agreement to the installation of new poles or structures or additional wires, conductors, cables, and appurtenant equipment, including any applicable Occupancy and Excavation Permit. 3.0 Notice The City will use its best efforts to provide AEP with notice of any planned work within the City Easement on the Property at least ten (10) business days before commencing said work. However, in the event of an emergency, the City is not required to provide said 10 days' notice to AEP for any emergency work conducted within the City Easement on the Property. If any planned work on the Property, to be conducted within the City Easement, would, in the City's opinion, potentially require the removal, de-energization, or other means of protecting against contact, of AEP's wires, conductors, and/or cables located within the AEP Easement, then the City shall provide AEP with notice of the planned work as soon as possible so that AEP may have sufficient opportunity to assess the planned work and to take appropriate action, as needed, and consistent with paragraph 5.1 of this MOU. 4.0 Permit for AEP Work in City Easement AEP shall obtain, through City Engineering, an Occupancy and Excavation Permit (the "Permit") for any work to be conducted within the City Easement. Permit submittal shall include a detailed summary of the planned work and any proposed plans for the work. 5.0 Cooperation AEP and the City shall cooperate with each other, and their respective contractors, vendors, employees, and agents, in regard to any work to be conducted in the AEP Easement and/or in the City Easement to ensure that said work is conducted safely. Such cooperation shall include, but is not limited to: 2 5.1 Removal, De-Energization, Protection of Conductors, Wires, Cables If any planned work on the Property, to be conducted within the City Easement, would, in the City's opinion, potentially require the removal, de-energization, or other means of protecting against contact, of AEP's wires, conductors, and/or cables located within the AEP Easement, then the City shall provide AEP with notice of the planned work as soon as possible and request that AEP assess the potential need for such protective measures. Upon receiving such notice from the City, AEP shall assess the scope of the City's planned work and determine whether it is necessary to remove, de -energize, and/or take protective measures to prevent contact with AEP's wires, conductors, and/or cables, and if AEP determines such actions are necessary, AEP shall promptly take whatever additional action is necessary to accomplish said removal, de-energization, and/or protective measures, which may include exercising reasonable and good faith efforts to obtain an appropriate outage in order to de -energize AEP's transmission line located in the AEP Easement for purposes of the City's planned work. The City expressly acknowledges and agrees that AEP's ability to obtain an outage sufficient for any planned work of the City, which outage may be necessary for AEP to remove and/or de -energize its wires and conductors, may be subject to the control and consent of third parties. 5.2 Access to City Infrastructure AEP agrees to cooperate with and assist the City to gain access to the City's infrastructure located within the City Easement with regard to any future utility upgrades or new installations or maintenance or repair of said infrastructure by the City that is necessitated by AEP's use of the AEP Easement. Such cooperation, at no cost to the City, may include, but is not limited to, AEP providing services necessary to protect and support the integrity of the AEP structures located in the AEP Easement when the City performs future upgrades, installations, maintenance or repair on the City infrastructure in the City Easement. 5.3 Maintenance of AEP Structures At all times, AEP will keep the AEP structures located in the AEP Easement and in the R/ W Area, and the structure foundations, in good order and condition, particularly to prevent damage to the City infrastructure located in the City Easement. 6.0 Storage; Hazardous Materials '91 AEP agrees that it will not store any supplies, materials, goods, or personal property of any kind in the City Easement without the prior written consent of the City. In addition, AEP will not cause or permit, knowingly or unknowingly, any hazardous material to be brought or remain upon, kept, used, discharged, leaked, or emitted on or in the City Easement. 7.0 Backfill Precautions In the event of any repair or maintenance work conducted by AEP in the AEP Easement and/or in the R/ W Area and that is (a) adjacent to City infrastructure in the City Easement, and (b) requiring the use of backfill, the following shall apply: (1) In regard to the installation, maintenance, and/or repair of AEP's transmission structures (including poles), AEP shall comply with AEP's Construction Specifications and applicable standards in regard to the appropriate backfill to be used around AEP's transmission structures; and, (2) In regard to the removal of any AEP transmission structures, AEP shall comply with the City's prevailing Construction Standards and Specifications in regard to permissible backfill to be used for such work. 8.0 City Not Liable AEP understands and agrees that the City shall not be liable for any loss, damage, destruction, or theft of AEP's property or any bodily harm or injury that may result from AEP's use of the AEP Easement. AEP understands and agrees that it will at all times be solely responsible for the safety and security of all persons, property, and vehicles (including any property contained within the vehicles) which AEP allows within the AEP Easement. 9.0 AEP Liability; Repairs to City Easements; Excavation by City AEP shall be liable for any and all damages to the City infrastructure caused by AEP, AEP's contractors and agents, or any other person or entity performing work on behalf of AEP. AEP shall also repair and restore to its prior existing condition, at no cost to the City, any and all areas within the City Easement and R/ W Area that were or are disturbed by any construction performed or authorized by AEP. AEP also agrees that, in the event of an emergency only, the City, or its contractor(s), may immediately perform excavation in proximity to the foundations of the AEP poles located in the AEP Easement and that, upon notification from the City, AEP shall use its best efforts to provide an AEP representative to be present for such work, in order to provide support, stabilization or other assistance needed for the AEP overhead wires, conductors, cables, and appurtenant equipment, and AEP's poles or structures, during such emergency work. F1 10.0 City Remedy for Impact on Use or Enjoyment of City Easement To the extent that any portion of the City's use or enjoyment of the City Easement and R/ W Area is disturbed or damaged at any time in connection with AEP's use of the AEP Easement and R/ W Area, AEP, at AEP's sole expense, shall immediately restore the City Easement and R/ W Area, including, but not limited to, any City above- or below -grade infrastructure therein, to the condition that existed prior to such disturbance or damage, to the satisfaction of City. If the City Easement or R/ W Area, including any above- or below -grade infrastructure therein of the City, cannot be restored to the City's satisfaction, AEP will replace, or reimburse the City for the costs to replace, such infrastructure, to the satisfaction of the City, and within a reasonable timeframe. 11.0 Compliance with Law AEP and the City understand and agree that each will, at their own expense, observe and comply with all applicable statutes, laws, ordinances, requirements, orders, rules, and regulations, of all governmental authorities, in relation to the City's and AEP's respective uses of the City Easement, the AEP Easement, and the R/ W Area, and the facilities located therein. 12.0 AEP Agreement Regarding Indemnification AEP agrees to indemnify and hold harmless the City, and its employees, agents, contractors, successors, and assigns, from and against any loss, claim or expense, including without limitation, claims for injury or death to person or damage to property or environmental damages, occurring as a result of any act or omission of AEP, its successors, assigns, agents, contractors or employees within the AEP Easement or the R/ W Area or arising out of AEP's use of the Property. This indemnification shall not apply to claims arising solely from the negligence or willful misconduct of the City. If any action is brought against the City, and its employees, agents, contractors, successors, and assigns, in connection with the AEP's use of the Property, the R/ W Area or the AEP Easement, AEP agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein and holding harmless the City, and its employees, agents, contractors, successors, and assigns. This duty to defend shall not apply to claims arising solely from the negligence or willful misconduct of the City. In the event of any action against the City, its officers, agents, servants, employees, boards, or commissions covered by the foregoing duties to indemnify, defend, and hold harmless, such action shall be defended by legal counsel of the City's choosing, at AEP's expense. 13.0 City Easement is a Prior Easement AEP agrees and acknowledges that the City Easement, for a prior public use, is a prior easement to the AEP Easement and the City is entitled to enjoy the use of the City 5 Easement, even if such use interferes with AEP's use of the AEP Easement. AEP agrees that the AEP Easement is as a junior easement in relation to the City Easement and that AEP must not unreasonably interfere with the City Easement. AEP agrees and acknowledges that it is estopped from asserting that the City's use and enjoyment of the City Easement pursuant to the terms of the City Easement constitutes an interference with any AEP rights or interest acquired in the Property. 14.0 Consent of City to AEP Easement The City agrees and consents to the exercise of the easement rights set forth in the AEP Easement, subject to the terms of this MOU. 15.0 Scope of City Consent under MOU The City's agreement and consent to the AEP Easement as set forth in this MOU shall not be construed as granting approval to any AEP work or projects, whether past, present, or future, that are beyond the express scope of this MOU. Any work or projects not expressly within the scope of this MOU and/or pursuant to the easement rights set forth in the AEP Easement will be subject to applicable laws, statutes, and/or ordinances, and it is the City's expectation that AEP will coordinate such work with the City Engineering Department, including obtaining applicable permits and approval from the City Engineering Department. 16. No New Non -Aerial Facilities in Overlap Area AEP understands and agrees that it is prohibited from installing any poles or structures, or any facilities that are not exclusively aerial -only, in the Overlap Area, which do not currently exist in the Overlap Area. Any violation of this section will be a material breach of this MOU and will require removal of the unauthorized non -aerial facilities from the Overlap Area. 17. No New Facilities in R/W Area AEP understands and agrees that it may not install additional facilities, including any poles, structures, wires, cables, and appurtenant equipment, in the R/ W Area which do not currently exist in the R/ W Area. However, AEP may repair and/or replace any of its facilities currently located in the R/ W Area provided that AEP conducts such work pursuant to applicable laws, statutes, and/or ordinances, and provided that AEP obtains all required approvals and permits from the City Engineering Department. Any violation of this section will be a material breach of this MOU and will require removal of the unauthorized facilities from the R/ W Area. 18.0 Entire Agreement; Amendment; Applicable Law I This MOU sets forth the entire agreement and understanding between AEP and the City as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. This MOU may be amended only by separate writing, signed by authorized representatives of both the AEP and the City. This MOU will be construed and interpreted according to the laws of the State of Indiana, and any dispute arising out of this MOU will be resolved in the courts located in St. Joseph County, Indiana, unless the parties mutually agree to a different method of dispute resolution. 19.0 Waiver Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this MOU shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. 20.0 Severability All provisions of this MOU shall be considered as separate terms and conditions, and in the event any one shall be held illegal, invalid or unenforceable, all the other provisions hereof shall remain in full force and effect as if the illegal, invalid, or unenforceable provision were not a part hereof, unless the provision held illegal, invalid or unenforceable is a material provision of this MOU, in which case AEP and the City agree to amend this MOU with replacement provisions containing mutually acceptable terms and conditions. 21.0 Authorized Signatories AEP and the City agree and warrant that the individuals signing this MOU on behalf of the respective parties are authorized to execute such an agreement. No further proof of authorization shall be required. Neither AEP nor the City shall be deemed to be the drafter of this MOU, and no term in this MOU shall be construed against any party on the basis that the party drafted the MOU. 22.0 Countersignatures This MOU may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. 23.0 Additional Documents KA AEP and the City agree to cooperate fully and execute supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this MOU. (Signatures appear on the following page) HOO IN WITNESS WHEREOF, AEP and the City have caused this MOU to be effective as of the date last signed. AEP INDIANA MICHIGAN TRANSMISSION COMPANY, INC. Thomas Schaffer Manager, Transmission Right of Way Authorized Signer for AEP Indiana Michigan Transmission Company, Inc. Date: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Joseph R. Molnar, Vice President Gary A. Gilot, Member Jordan V. Gathers, Member Murray L. Miller, Member ATTEST: i Theresa M. Heffner, Clerk Date: February 14, 2023 9 TLCS-1402 Specification FAENSMISSION' 10.0 Backfill Backfill shall be placed immediately after pole installation has been completed and inspected. If it is not possible to complete the backfill operation at that time, the open excavation shall be protected with waterproof material and properly barricaded or covered during the period of open excavation. The pole must be supported until all the backfill operations are completed. Wet holes shall be dewatered before backfilling. Backfill shall be inspected by the Owner's Representative before final acceptance of the completed project. If earth is found disturbed around any pole during inspection and has settled below the normal ground line, the Constructor shall add and compact additional backfill around the pole to the required height in accordance with the provisions of this section. Special attention shall be given to backfilling rock holes to make sure no voids are left between the poles and the sides of the holes. Excess rock shall be removed from the site. 10.1 Native Soil Backfill Soil removed from excavations may be used for backfill provided all vegetation, debris, and rocks greater than 1.5 inches in diameter have been removed. Native soil composed primarily of silt or clay should not be used as backfill. Soil that is soft or wet shall not be used as backfill. Backfill shall be installed to a height of 15 inches above the normal ground line. The backfill installed above the normal ground line shall slope not less than 1 vertical to 3 horizontal away from the face of the pole. All native soil not reused for purposes of backfill must be removed from the right of way. The Constructor shall backfill all excavations in 6- to 12-inch loose lifts. Native soil backfill shall be mechanically tamped using equipment authorized by the Owner's Representative. Backfill shall be compacted with as many passes are required to achieve a compacted state where the backfill is no longer pumping or excessively deflecting under the compaction effort and in all cases shall not be less than two passes. 10.2 Coarse -Aggregate Backfill All material shall be furnished by the Constructor. A compactable backfill shall consist of crushed stone, commonly called "road sub -base aggregate" or "dense graded aggregate," similar to the gradation in Table 1. Table 1: Gradation of Coarse -Aggregate Backfill Size % Finer by Weight 1" 100-94 3/8" 72-63 Page 18 of 24 Construction Specification for the Installation of Steel Poles Rev. 1 Specification Size % Finer by Weight #10 41-32 #40 24-14 #200 12-6 TLCS-1402 EPANSMISSION' This backfill option shall be mechanically tamped using equipment authorized by the Owner's Representative. The Constructor shall place dense graded aggregate in 6- to 12-inch loose lifts. Another acceptable backfill option is the open -graded aggregate with the gradation shown in Table 2. Table 2: Gradation of Open -Graded Aggregate Size % Finer by Weight 1-1/2" 100 1" 95-100 %" 25-80 #4 0-10 #8 0-5 Open -graded aggregate requires less compaction to achieve a dense state and thus may be placed in lifts of 24 inches. Open -graded aggregate must be fully encapsulated and/or confined in order to remain adequately dense. Thus, the uppermost 3 feet of backfill must be comprised of either native soil or dense -graded aggregate to act as a "cap" to keep the open -graded aggregate encapsulated and/or confined. Aggregate backfill shall be mechanically tamped using equipment authorized by the Owner's Representative. Backfill shall be compacted with as many passes as are required to achieve a compacted state where the backfill is no longer pumping or excessively deflecting under the compaction effort and in all cases shall not be less than two passes. Backfill shall be installed full depth and banked 15 inches above the normal ground line as described in section 10.1. 10.3 Lean Concrete (or Slurry) Backfill All material shall be furnished by the Constructor. If permitted by the Owner's Engineer, a tremie tube can be placed at the bottom of the hole beside the pole. Coarse aggregate with a #2 gradation per ASTM C33 guidelines shall then be placed loosely around the pole (for full embedded depth) to support it temporarily. After verifying that the pole is Rev. 1 Construction Specification for the Installation of Steel Poles Page 19 of 24 FAAE TLCS-1402 Specification NSMISSiGN* still plumb, non -shrink grout meeting the criteria of ASTM C1107 shall be placed within 72 hours by tremie until it completely fills the voids around the aggregate. The ultimate compressive strength of the grout shall be a minimum of 4,000 psi when tested in accordance with ASTM C109. 10.4 Concrete Backfill All material and test equipment shall be furnished by the Constructor. Direct embedded poles with concrete backfill shall be subject to the following time requirements for supporting the structure during concrete curing and the start of wire stringing activities. These requirements are in place to ensure that concrete strength is adequate to handle loads imposed from construction activities during the curing process. It is imperative to understand the strength of the concrete backfill assumed in the foundation design to appropriately apply this requirement. Concrete backfill for direct embedded poles shall be tested for the first five truck loads. Concrete testing shall be performed in accordance with TECS-4001 except as noted here. Initial testing shall include cylinders taken for installations performed on a minimum of two separate work days. If a project scope can be completed in one day, the two-day requirement may be ignored. For concrete placement associated with the first five concrete truck loads, the Owner's Engineer shall provide the required duration for supporting the structures during concrete pouring and curing, as well as the required cure time prior to wire stringing activities. Criteria for determining these durations may include historical concrete break records for the mix design being used on the project. In circumstances where concrete strength is critical, durations may extend until the first breaks confirm the required strength. The initial testing shall be used to determine time requirements for supporting structures during concrete curing, as well as the time required before wires can be strung to the structure(s). Acceptance criteria for ongoing direct embed foundations with concrete backfill shall be based on an average of the break records establish in the initial test population. This may require additional concrete cylinders to be taken at each location. Table 3: Construction Activity and Associated Concrete Design Strength Construction Activity: Design Strength Threshold: Support the pole/pole section 75% Wire stringing 100% The Owner's Engineer may approve time requirements, based on strength thresholds other than those stated in this document via written acknowledgement that those strengths are sufficient to support loads imposed during construction. Ongoing concrete testing is required to show that established construction activity durations remain adequate throughout the project length and timeline, including weather/seasonal variations and geologic variation. At a minimum, concrete at every tenth truck load shall be tested after the initial sampling Page 20 of 24 Construction Specification for the Installation of Steel Poles Rev. 1 Specification TLCS-1402 EAEP ANSMISSION' in order to validate the established construction activity durations. If testing deviates from the results in the initial testing, the construction durations should be updated accordingly, or more testing shall be performed. Special consideration should be given to establishing new construction durations, or performing additional testing, when there are changes that may impact the trajectory of concrete curing. The factors include: • Changes in the mix design or raw material sourcing. • Changes in weather or seasonal variation, including temperature and precipitation. • Changes in the local geology or soil conditions, including moisture content. TECS-4001 Specification for Structural Concrete, section 1.0 provides the proper mix requirements for the desired backfill. Slump, air entrainment, and temperature testing shall be performed on the first truckload of each day. The Constructor shall notify the Owner's Representative immediately of any concrete that does not meet the proper mix requirements. The tests shall be administered by the Constructor, and results that fail to meet the Owners requirements shall be immediately reported. All other results shall be communicated to the Owner's Representative upon request. Slump testing shall conform to ASTM C143, air entrainment testing to ASTM C231, and temperature testing to ASTM C1064. The Owner reserves the right to hire at its expense an independent testing agency to evaluate the quality of the concrete provided. If this right is exercised, testing parameters will conform to TECS-4001, section 1.6.2.3. Freshly placed concrete shall be protected from the loss of moisture for a minimum of seven days or three days if high -early concrete is used. Defects in formed concrete surfaces shall be repaired to the satisfaction of the Owner's Representative immediately after the forms have been removed. All honeycombing or large voids shall be removed to sound concrete and replaced. Epoxy or latex bonding agents shall be used as a bonding medium for repairs discovered and made after the concrete is seven days old. 11.0 Field Corrections Any misfabrication of the steel structure that prevents proper assembly of members by the moderate use of drift pins shall be immediately reported to the Owner's Representative. No drilling, reaming, welding, or other modification will be allowed without written authorization by the Owner. If required, any welding shall be done by an AWS-certified welder only after approval by the Owner's Engineer. 11.1 Field Drilling Plug weld of misaligned holes shall not be permitted without written authorization by the Owner. Rev. 1 Construction Specification for the Installation of Steel Poles Page 21 of 24 Legal Description For APNIParcel I0(s): 71-13-02-226-023.000-002 A PARCEL OF LAND BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 35, AND A PART OF THE SOUTHWEST QUARTER OF SECTION 36, ALL IN TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 406.54 FEET NORTH 0 DEGREES 00 MINUTES 00 SECONDS EAST OF THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 13 DEGREES 35 MINUTES 03 SECONDS EAST, ALONG THE WESTERLY RIGHT OF WAY LINE OF MAIN STREET, A DISTANCE OF 153.90 FEET TO ITS INTERSECTION WITH THE WESTERLY RIGHT OF WAY OF U.S. HIGHWAY #31; THENCE SOUTH 17 DEGREES 09 MINUTES 11 SECONDS WEST, ALONG SAID U.S. #31 RIGHT OF WAY LINE, A DISTANCE OF 133.80 FEET TO AN IRON STAKE FOUND IN PLACE; THENCE NORTH 89 DEGREES 19 MINUTES 49 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 501.70 FEET TO AN IRON STAKE FOUND 1N PLACE AND BEING ON A POINT OF THE EAST LINE OF A TRACT OF LAND CONVEYED TO RAYMOND K. SNYDER AND ANNA J. SNYDER IN DEED RECORD 315, PAGE 175; THENCE NORTH 0 DEGREES 27 MINUTES 06 SECONDS WEST, A DISTANCE OF 274.67 FEET TO AN IRON STAKE FOUND IN PLACE; THENCE SOUTH 89 DEGREES 39 MINUTES 05 SECONDS EAST, A DISTANCE OF 507.23 FEET TO THE PLACE OF BEGINNING. EXCEPT, A PART OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 2 EAST, ST. JOSEPH COUNTY, INDIANA, BEING A PART OF THE GRANTOR'S LAND WITHIN THE RIGHT OF WAY LINES DEPICTED ON THE ATTACHED RIGHT OF WAY PARCEL PLAT, MARKED EXHIBIT "B", DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION, SAID CORNER BEING SOUTH 88 DEGREES 54 MINUTES 17 SECONDS EAST 2,426.58 FEET FROM POINT 0942 ON SAID PLAT; THENCE NORTH 1 DEGREES 15 MINUTES 04 SECONDS EAST 132.00 FEET ALONG THE EAST LINE OF SAID SECTION TO THE PROLONGED SOUTH LINE OF THE GRANTOR'S LAND; THENCE NORTH 88 DEGREES 54 MINUTES 17 SECONDS WEST 322,65 FEET ALONG SAID PROLONGED SOUTH LINE AND ALONG THE SOUTH LINE OF THE GRANTOR'S LAND TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING NORTH 88 DEGREES 54 MINUTES 17 SECONDS WEST 180.71 FEET ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF THE GRANTOR'S LAND; THENCE NORTH 01 DEGREE 05 MINUTES 43 SECONDS EAST 278.72 FEET (274.67 FEET BY INSTRUMENT NO. 0808459) ALONG THE WEST LINE OF THE GRANTOR`S LAND TO THE NORTHWEST CORNER OF THE GRANTOR'S LAND; THENCE SOUTH 88 DEGREES 44 MINUTES 56 SECONDS EAST 198.67 FEET ALONG THE NORTH LINE OF THE GRANTOR'S LAND; THENCE SOUTH 25 DEGREES 52 MINUTES 48 SECONDS WEST 43.19 FEET TO POINT 23565 DESIGNATED ON SAID PLAT THENCE SOUTH 16 DEGREES 13 MINUTES 52 SECONDS WEST 159.13 FEET TO POINT 23564 DESIGNATED ON SAID PLAT; THENCE SOUTH 28 DEGREES 21 MINUTES 07 SECONDS WEST 60.01 FEET TO POINT 23563 DESIGNATED ON SAID PLAT; THENCE SOUTH 45 DEGREES 08 MINUTES 28 SECONDS EAST 27.82 FEET TO POINT 24105 DESIGNATED ON SAID PLAT; THENCE SOUTH 74 DEGREES 19 MINUTES 09 SECONDS EAST 50.72 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.988 ACRES, MORE OR LESS. ALSO EXCEPT, A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 2 EAST, ST. JOSEPH COUNTY, INDIANA, AND BEING THAT PART OF THE GRANTOR'S LAND LYING WITHIN THE RIGHT OF WAY LINES DEPICTED ON THE ATTACHED RIGHT OF WAY PARCEL PLAT, MARKED EXHIBIT "B", DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION, SAID CORNER BEING SOUTH 88 DEGREES 54 MINUTES 17 SECONDS EAST 2,426.58 FEET FROM POINT "0942" ON SAID PLAT; THENCE NORTH 1 DEGREE 15 MINUTES 04 SECONDS EAST 409.35 FEET ALONG THE EAST LINE OF SAID SECTION TO THE SOUTHEAST CORNER OF THE GRANTOR'S LAND; THENCE NORTH 88 DEGREES 44 MINUTES 56 SECONDS WEST 305,45 FEET ALONG THE SOUTH LINE OF THE GRANTOR'S LAND TO THE POINT OF BEGINNING OF THIS DESCRIPTION: THENCE CONTINUING NORTH 88 DEGREES 44 MINUTES 56 EXHIBIT 1 - Page 1 of 2 EXHIBIT "A" Legal Description SECONDS WEST 198.67 FEET ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF THE GRANTOR'S LAND; THENCE NORTH 1 DEGREE 05 MINUTES 43 SECONDS EAST 127.20 FEET ALONG THE WEST LINE OF THE GRANTOR'S LAND TO THE NORTHWEST CORNER OF THE GRANTOR'S LAND; THENCE SOUTH 88 DEGREES 44 MINUTES 56 SECONDS EAST 262.87 FEET ALONG THE NORTH LINE OF THE GRANTOR'S LAND; THENCE SOUTH 41 DEGREES 25 MINUTES 06 SECONDS WEST 18.82 FEET TO POINT "23566" DESIGNATED ON SAID PLAT; THENCE SOUTH 25 DEGREES 52 MINUTES 48 SECONDS WEST 124.11 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.667 ACRES, MORE OR LESS. EXHIBIT 1 - Page 2 of 2 Drarrc;il :rvuvrv,Uaer :2113n-1 wuuueut. 3tau0rrlu AWN- ry GRANT OF EASEMENTS EXTENSION OF SANITARY)J (ISEWER AND SOUTH SIDE WATER LINE THIS INDENTURE made this � day oflc4 ,2 .YyAt-, 2000, by and between Ranjin J. Amin, (Grantor) 60971 U.S. 31 South, South Bend, IN 46614 and the Civil City of South Bend, Indiana, by and through its Board of Public Works (Grantee), in favor of the Civil City of South Bend, its successors and assigns. WITNESSETH: That for One Dollar ($1.00) and other good and valuable consideration, the receipt of which Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee temporary and 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, water line and related facilities, together with the right of ingress to and egress from said easement for the purpose of installing, constructing, operating, maintaining, adjusting, replacing, repairing, altering, removing, and modernizing said system and other equipment or facilities incident thereto, in, upon, over and under the following described real estate in the City of South Bend, St. Joseph County, State of Indiana, briefly described as follows: SEE EXHIBIT "E" AS PART OF OVERALL SCHEME SEE EXHIBIT "A" 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 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 City of South Bend, Indiana, and expressly include the right and privilege at reasonable times to clean and remove from said easements such timber, brush, debris, or other obstructions interfering with the sanitary sewer system and water line. The Grantee shall restore that area disturbed by its works to as near the original condition as possible. 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 covenants 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. ST JOSEPH,IN Page 1 of 5 Printed on 6/25/2017 2:45:57 PM Document: EAS 2000.58019 M al1G11 .1V11NA,USC1 1.L111ll11C11L. 3Cd.L10111U .Ar,,/U 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 City of South Bend that he is lawfully seized and possessed of the parcel of real estate hereinabove described; that he has good and lawful right to convey and that the property is free of all encumbrances that would conflict with the right herein granted. 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 Easements for sanitary sewer system and water line on the date shown on the acknowledgment set forth herein. ef7:�►�1C��il 'XyV — -- Ranjin J. Amin GRANTEE: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary A. Gilot, President g.�.� ��� M. atherine Roemer, Member Al, Z Donald E. Inks, Member r 'FEST: 1 nk . Angela Kt. acob, Clerk/ Iv a >tnon N [1 •• C"1 En!a m O Oro Oa o LnV tVX M M O m m A O. c r- Im .- 1µ1�� O W z z> o- <M Ctn k+ k0 ST JOSEPH,IN Page 2 of 5 Printed on 6/25/2017 2:45:57 PM Document: EAS 2000,58019 I51A11G11 :1VllV H,U5G1 :Ha11J 1.V11ll11G11L. 31aL10111U .1V1,/tJ STATE OF INDIANA ST. JOSEPH COUNTY ) SS: Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared Gary A. Gilot, M. Catherine Roemer, and Donald E. Inks, 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 P ly of kl&- ; 2000 d"), Crt✓ - --'& J , Notary Public A resident of St. Joseph County, IN My Commission Expires: -IG -'-�C6� STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared Ranjin J. Amin, the Grantor, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this day of t(r�-, 2000. tary Public f A resident of St. Joseph County, IN ` '•. ,~ My Commission Expires: HO-a()(9 This Instrument was prepared by: Frank E. Schaffer, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. ST JOSEPH,IN Page 3 of 5 Printed on 6/25/2017 2:45:57 PM Document: EAS 2000.58019 I512ll1G11 .1V11V f1,U�G1 ,ti�11J 1.U11ll11Gll1. 31AL10111U .1V11/U RANJIN J. AMIN STRIP EASEMENT A Strip of Land in the Southeast Quarter of Section 35 and a part of the Southwest Quarter of Section 36, all in Township 37 North, Range 2 East in Centre Township, St. Joseph County, Indiana said strip being 20.00 feet in width, lying 20.00 feet westerly of a Line through the parcel described to Ranjan J. Amin in Document No7 m the Office of the Recorder of St. Joseph County, Indiana, said Line being the Soillffi—ed—srri—ne—UT said property and more particularly described as follows: Commencing at the Southeast corner of said Southeast Quarter of Section 35, thence North 0 degrees 00 minutes 00 seconds East a distance of 406.54 feet to a point on the East line of said Southeast Quarter, said point being the northeast corner of said parcel of land and on the West right-of-way line of Main Street, thence South 13 degrees 55 minutes 03 seconds along the Northeast line of said property, said Northeast line being the West right-of-way of Main Street, a distance of 153.90 feet to the Point of Beginning, said Point of Beginning being a comer of said parcel of land and on the West right-of-way of U.S. Highway 31; thence South 17 degrees 09 minutes I 1 seconds West along the West right-of-way of U.S. Highway 31 a distance of 133.8 feet to the south line of said parcel of land. Strip sidelines are lengthened or shortened in order to terminate on the Northeast and South lines of said Ranjan J. Amin Parcel. ST JOSEPH,IN Page 4 of 5 Printed on 6/25/2017 2:45:57 PM Document: EAS 2000.58019 1312U11;11 .1V11V 1-1,U�CL .EiJ11J l.l)11ll11C11L. 31,auu111U JNr1 / V I NI I -----1 I1540ai I I � I' I }} I I I I �— I -- I ' I I i I E I I II ICI ITrT-I I d• 7'j� $ I I I II I I III I I I I /� I r—rr FT I l I I III �j I I I I I I I I I I 1 I I 4 I �J I I I I I IJ I I I I I I I IL I I I I I I I I I I � I l I I I j------i—`L--� AWN {�jj—j i�L� SL [/NE 1' rl�in I , I I I I I LLLL "OIL I � I ICI a ��— a +j2 B N LAWSON-FISHER A990CIATEWap169 P.C. CITY OF SOUTH BEND SOUTH BIDE SANITARY SEWER AND •� 34 u WNsu4TRf6 R3 o WATER MAIN EXTENSION PHASE 1 EASEMENTS 0 326 •. tA91RNO1 AYDi11 90UTH BIM— RIOIANA 10601 PN. (210) 234-31Q7 ST JOSEPH,IN Page 5 of 5 Printed on 6/25/2017 2:45:57 PM Document: EAS 2000.58019 cam/ 6 3.41.56 GRANT OF EASEMENTS EXTEN ION OF SANITARY -SE E9 AND SOUTH WATER LINE da �lo,� Oy and between Mark J. THIS INL1jyENTURE made this1 y Malstaff and I�in41a E. Malstaff, (Grantors) 60981 U 31 Sout South Bend, IN 46614 and the Civil City of Sou -h,Bend, Indiana, by and through its Board of blic Works (Grantee), in favor of the Civil City of outhlBend, its successors and assigns. 0. WITNESSETH: That for t e followinerms and other good and valuable consideration, the receipt of which Grantors hereby f wledge, Grantors hereby grant, convey, and warrant to Grantee temporary and permanent e sements of the naat e and at the location hereinafter set forth as described for the installation, con$truction, operatioi�maintenance, adjustment, replacement, repair, alteration, removal, modernhzation, and use of sew systems, water line and related facilities, together with the d easement for the purpose of installing, constructing right of ingress !to and egress from sai operating, maint4ining, adjusting, replacing repairing, altering, removing, and modernizing said dent thereto, in, upon, over and under the following system and othe equipment or facilities inci described real es ate in St. Joseph County, St te.'o�f�Indiana, briefly described as follows: SEE EXHIBIT:;`F" AS PART OF OVERALL SCHEME SEE EXHIBIT "A" Grantee $iereby agrees to: of alter or change any signage that is currently on the property at 60981 U.S. 31 outh, South Bend, Indiana. rantee agrees not to interfere with Grantors parking of vehicles on the easement after utility construction is completed. The Grantee agrees that, for aperiod of five years from the signing of this agreement, t e property at 60981 U-S. 31 South, South Bend, Indiana, will be exempt from City annexation and taxation. The Grantee agrees that any and all construction damage to property will be repaired r replaced by May 1, 2001. II y April 1, 2001, Grantee agrees to put out the bidding for the hook-up of all utilities d services to 60981 U.S. 31 South, South Bend, Indiana and at the discretion of the Grantee shall choose a contractor to do the hook-up and facility work at that address t no cost to Grantor. All work is to be completed and services to be fully functional to facility no later than May 1, 2001. When City water and sewer services are available to the area encompassing 20047 Kern Road, the City will supply a tap at no charge. Th� sements granted herein shall pertain to the air surface and subsurface rights and interests of th cantors, for the use and benefit of the Grantee, to the nature and extent that the Grantee may desiresaid air, surface and subsurface rights and interests to accomplish and carry out the general puxpose~o�fthis conveyance as the same has hereinabove been expressed. The easements hereby granted are four�.t�e exclusive benefit of the City of South Bend, Indiana, and expressly include the right and privilege at reasonable times to clean and remove from said easements such timber, brush, debris, or o��r oobstructions interfering with the sewer systems and water line. The Grantee shall resto�e�hat area disturbed by its works to as near the original condition as possible. Q/%a, The Grantors reserve the right.to use and occupy the surface area on and over the easements provided that said use and occupancy'cloe knot 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 covenants running with the real estate, and thereof of every person or entity now or he or any part of the said real estate. This indenture shall bind and inure to the the parties hereto. sociated benefits and obligation, shall constitute ie binding upon the Grantors and be an obligation �h'_aving any fee, leasehold, or other interest in all respective successors and assigns of The Grantors hereby covenant with the City of South Bend that they are lawfully seized and possessed ofthe parcel ofreal estate hereinabove described; that they have good and lawful right to convey and that the property is free of all encumbrances that would conflict with the right herein granted. The Grantors hereby release any and all claims from whatsoever cause, incidental to the exercise of any rights herein granted. IN WITNESS W1=IEREOF, Grantors have executed this Grant of Easements for sanitary sewer system and water line on the date shown on the acknowledgment set forth herein. GRANTORS: Mark J. MatY�taff GRANTEE: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary A. Gilot, President ti, D nald E. Inks, Member AT ��1': A� :' ;'} ,' ��Z2-tom A Angela KS- cob, Cierk � .� ®'k�J' `'� �® �� An �Al� -v av m �� yt7 N [��y� .. C"i C!] c. B P A O��• �-' C t p� ►-� C7 � xi M m� �P �Tl C'St 1'J � p V 7e a m �� -tt� �% STATE OF INDIANA SS: ST. JOSEPH COUNTY Before�me; the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeare teary A. Gilot, M. Catherine Roemer, and Donald E. Inks, personally known by me to be membersaof the Board of Public Works of the City of South Bend, Indiana, and acknowledged the exe anon of this Grant of Easement as their voluntary act or deed. �� �._ =mac'( WITNESS my ha�and Notarial Seal thi�:aay of�_*� .�., ��' -'. -' . �® i1G�t�`� j!f"c� , Notar"y �blic ., �A A resident of St. Joseph County, IN '�`�.� . l*-r"� • . My Commission Expires: !� �� l,� STATE OF INDIANA ) �,, SS. ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared Mark J. Malstaff and Linda E. Malstaff, the Grantors, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. ;rt1 `� 'U� WITNESS my hand and Notarial Seal thi� L� day of �� - �� - , � ... jTfl�f�(r�-- �/jis��Iotai'y Public . A resident of St. Joseph County, IN My Commission Expires: • - This Instrument was prepared by: Frank E. Schaffer, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. MARK J. AND L/NDA E. MALSTAFF �� ®� STRIP EASEMENT A Strip of Lan�n,the Southeast Quarter of the Southeast Quarter of Section 35, Township 37 North, Range 2 East;in Centre Township, St. Joseph County, Indiana said strip being 20.00 feet in width, lying 20.00 feet westerly of a Line through the parcel described to Mark J. Malstaff and Linda E. Malstaff. in'�Document No. 9752419 in the Office of the Recorder of St. Joseph County, Indiana, said Line being t�yE'ast line of said property and more particularly described as follows: Beginning at a point on the _Westerly right -of --way line of U.S. Highway 31 at a point 132 feet North and 3 feet West of the Southeast corner of said Southeast Quarter of Section 35, said point being the northeast comer of said=parcel of land, thence South 16 degrees 28 minutes West along the East line of said property, saidyEast line also being the Westerly right-af-way line of U.S. Highway 31, to the south line of sa�d;parcel of land. Strip sidelines are lengthened or shortened in order to terminate on the North and South lines of said Mark J. and Linda E. Malstaff Parcel. i �iMS+.:�'.. � rr —► f T T——T—TT�[ �—T— ! f -- 1 1 1 1 1! f I J I I I —�I T i i; i-!; ; � � J i i i i i i l �....L..L_�_�..__� I I I 1 1 1 ! � { I � I � it I I I I � � ► + ► i I i � r__--� � � �� i � 1 I j I I � � r—rsTT � I � I I { I I { 1 1 1 I I i I 11 I I y--� I i l l s ,c� ,_„`=yr i� � L � � I I I i I I 1 1 I I 1 I I I 1; �LLL� �I I i �� � LAW30N—FISHER CITY OP 80UTN SEND a tQUTN 110E tANFTAII�' ttMIER ANO a= � sj�,Zp pTp�lp� WATE1t MAIN EXTINt/ON PMABE i _ —� ! ��� � � M� � EA8EI�NTB Sec. 35-37N-2E 1n Z Q Sec. 36-37N-2E This Survey Vicinity Map Graphic Scale 0 30 60 120 ( In Feet ) 1 inch = 60 ft. Certificate of Survey A Part of the Southeast Quarter of Section 35 & Southwest Quarter of Section 36 Township 37 North, Range 2 East, Centre Township, St. Joseph County, Indiana NOTE: FOR PROFILE VIEW OF ALIGNMENT BETWEEN AEP HIGH ALTITUDE POLE #29 & HIGH ALTITUDE POLE #26, SEE FOLLOWING PAGE. State of lndiana 1 1318594 — — — — — — — — 0 State of Indiana 123665 — — — — — — 1 — — — -- — 0830515 Q AEP High Alt;tude Pole #27 Co^,cast Es"N"t 0918735 � / State of Indiana 1410276 20' COSB ESIAIT SA-N SE.:ER F,c WATER LINE / OR #0058019 o ® ® o 0 x AEP High Alt ude Pole *29 AEP High "Ititude Pole .28 — — — — — — — — — — — — — — T- — — — — — — — — — — — o I 20' ^OSB ETIMIT SAKI. State of Indiana I I SE�:ER & "TER LIN 10«� CR #0103486 „ 648 g F-- y� �I I State of Indianc 10648 I I I I S Line of SE1 /4 Sec 35-T37N-R2E Kern Rd. (r/w varies) State of indiCnC \� „ 1110648 I Box Culver' = 4.5' from foundation of AEP Pole 026 Box Culvert — Inver: El = 792.5' Box Cuh •ert—�'4 Invert El = 79.2.2' Box Culver' Invert El = 793.0' I ►k Sec \35-T37N-R2E & SW con',, Sec 36-Y37N-R2E Inv:Ivan: V Inver; I _c2 6' ��J ZA-EP High "I: 0-'e Pole #26 O/H lines are attached i to poles #26 & #27 via arms mounted to and extending off the southeast side thereof / ioca•Jon of Box t Culver'am rtnua Unknown i Legend* $ Section Corner ® R/W Monument (r) Record Dimension Q Misc. Manhole © Clean Out cs Combined Sewer Manhole 0 Sanitary Manhole ® Catch Basin ® Dry Well ® Yard Drain o Roof Drain ® ® Iron Grate s' Storm Manhole © Cable Pedestal Gas Meter ►� Gas Valve © Gas Marker ® Air Conditioner Unit ® Control Cabinet EM Electric Meter Z Electric Manhole Q Electric Pedestal ❑E Electric Marker Guy Anchors Light Pole -0- Power Pole O Strain Pole ® Traffic Light Pole ® Traffic Manhole Traffic Puck Sensor ® Traffic Handhole OTraffic Loop Detector Yard Light la Telephone Handhole QQ Telephone Manhole Telephone Pedestal ❑' Telephone Marker ® Fiber Optic Marker ro Fiber Optic Manhole it Fire Hydrant �w Water Manhole ® Curb Stop Water Valve Q Well 0 Post G Bollard Flag Pole e Mailbox Sign o Double Post Sign ® Stop Sign Ornamental Tree Tree (Up to 6") Overhead Line Topographic Survey Notes This topographic survey was performed for Carson, LLP in January, 2021. Horizontal datum is based upon the Indiana State Plane Coordinate System, East Zone, GPS derived utilizing the INCORS Network. (OR WEST WEST ZONE) Basis of Elevation is GPS derived utilizing the INCORS Network, NAVD88 datum. Locations of existing underground utilities shown on this drawing are based on visible evidence of above ground features and locations marked in the field by others. No excavation should occur without notification of appropriate agencies and utility companies via the Indiana 811 Underground Utility Locate system as well as additional specific interaction with individual utilities if warranted. Surveyor's Report In accordance with Title 865, Article 1, Chapter 12, of the Indiana Administrative Code ("Rule 12"), the following observations and opinions are submitted regarding the various uncertainties in the locations of the lines and corners established on this survey as a result of A) availability and condition of reference monuments, B) occupation or possession lines, C) clarity or ambiguity of the record description used and of adjoiners' descriptions and the relationship of the lines of the subject tract with adjoiners' lines, and D) the relative positional accuracy of the measurements. The relative positional accuracy of the corners of the subject lot established in this survey meets the requirements for an URBAN survey as defined in IAC 865. Comments: The purpose of this survey is to determine the specific location of existing high altitude transmission line power poles, and their bases/foundations, relative to existing storm water related box culverts, within public rights of way associated with the intersection(s) of Old US 31 and Main Street, as shown on the drawing. Due to the fact that the specific locations of nearby private property boundary lines and/or public rights of way limits are not the central purpose of the survey, any monuments that may be destroyed or lost are not being re-established and/or re -set as part of the work. The theory of location: Right of way lines depicted here were established based on a combination of record documents recovered via a title search of the adjacent private property, as well as existing monumentation recovered on the site, as well as visible evidence of occupation as observed on site. All Corner monuments recovered were accepted in place. Basis of bearing for this survey is real time kintetic GPS derived. Due to availability and condition of reference monuments, estimated uncertainty: 0.5 feet. Due to occupation or possession lines, estimated uncertainty. 0.5 feet Due to clarity or ambiguity of the record descriptions, estimated uncertainty: 1.0 feet 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. I, Kenneth Jones, Jr, Registered Professional Land Surveyor, licensed in accordance with applicable laws and statutes in the State of Indiana, hereby certify to Carson, LLP and the City of South Bend, Indiana that the attached plat represents a survey done by me or under my supervision. In accordance with Title 865, Article 1, Chapter 12 of the Indiana Administrative Code. n Hatched Area(s) Intended to Indicate Easement Area(s) Noted *Not all items shown in legend above were found on the subject site. Jr 2021-12-18 Date ,,,,�Fuutn�q��,i •��y.'Z': DRESS 10 ' � 10 4'%C:Q� No.r'.: • = LS20700056 • i STATE OF 4 4 D f AM� 10 4b��� sU1i-o Elkhart, IN J 0 N E S p:574.293.7762 P E T R E South Bend, IN p: 574.232.4388 R A F I N S K I Fort Wayne, IN *k p: 260.2422.2522 Carson, LLP w 301 W. Jefferson Blvd. Fort Wayne, IN 46802 w JAI Jagdish, Inc. 0 60971 Business US 31 South Bend, IN 46614 ©2021 JPR - All Rights Reserved REF. DOC. NO.: See DW SCALE: 60 IDRAWN BY: KJJ SURVEYED: 01 /25/2021 DATE: 02/01 /21 ICHECKED BY:KJJ 12/18/21 JOB NO. 2021-0018 PROJ: AEP—COSB Dismissal Case DESC: Boundary & Topo C-1611— 01 PG. 1 of 2 ILOC: Sec 35&36—T37N—R2E EXHIBIT 4 - R/W AREA **PLACEHOLDER** Line Name: Jackson Road - Marshall Line No.: TLN385:94154 Easement No.: 45 EASEMENT AND RIGHT OF WAY On this day of , 20, in consideration 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, JAI Jagdish, Inc., an Indiana corporation, whose address is 60971 US 31 South, South Bend, Indiana 46614, ("Grantor"), whether one or more persons, hereby grants, sells, conveys, and warrants to AEP Indiana Michigan Transmission Company, Inc., a(n) 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 permanent easement and right of way ("Easement"), for electric transmission, distribution, and communication lines and appurtenant equipment and fixtures, being, in, on, over, under, through and across the following described lands of the Grantor, situated in the State of Indiana, St. Joseph County, Centre Township, SE 1/4, Section No. 35, Township No. 37 North, Range No. 2 East. Grantor(s) claims title by Warranty Deed, Instrument Number 0808459 recorded March 12, 2008 in the St. Joseph County Recorder's Office. Auditor/Key/Tax Number: 71-13-02-226-023.000-002 The Easement Area is more fully described and depicted on Exhibit "A", a copy of which is attached hereto and made a part hereof ("Easement Area"). GRANTOR FURTHER GRANTS AEP THE FOLLOWING RIGHTS: The right, now or in the future, to construct, reconstruct, operate, maintain, alter, improve, extend, inspect, patrol, protect, repair, remove, replace, upgrade and relocate within the Easement Area, poles, towers, and structures, made of wood, metal, concrete or other materials, and crossarms, guys, anchors, grounding systems, and all other appurtenant equipment and fixtures, and to string conductors, wires and cables; together with the right to add to said facilities from time to time, and the right to do anything necessary, useful or convenient for the enjoyment of the Easement herein granted. The right, in AEP's discretion, now or in the future, to cut down, trim, remove, and otherwise control, using herbicides or tree growth regulators or other means, any and all trees, overhanging branches, vegetation or brush situated within the Easement Area. AEP shall also have the right to cut down, trim or remove trees situated on lands of Grantor which adjoin the Easement Area when in the opinion of AEP those trees may endanger the safety of, or interfere with the construction, operation or maintenance of AEP's facilities or ingress or egress to, from or along the Easement Area. The right of unobstructed ingress and egress, at any and all times, over, across and along and upon the Easement Area, and across the adjoining lands of Grantor as may be necessary for access to and from the Easement Area for the above referenced purposes. THIS GRANT IS SUBJECT TO THE FOLLOWING CONDITIONS: The Grantor reserves the right to cultivate annual crops, pasture, construct fences (provided gates are installed that adequately provide AEP the access rights conveyed herein) and roads or otherwise use the lands encumbered by this Easement in any way not inconsistent with the rights herein granted. In no event, however, shall Grantor, its heirs, successors, and assigns plant or cultivate any trees or place, construct, install, erect or permit any temporary or permanent building, structure, improvement or obstruction including but not limited to, storage tanks, billboards, signs, sheds, dumpsters, light poles, water impoundments, above ground irrigation systems, swimming pools or wells, or permit any alteration of the ground elevation, over, or within the Easement Area. AEP may, at Grantor's cost, remove any structure or obstruction if placed within the Easement Area, and may re -grade any alterations of the ground elevation within the Easement Area. AEP agrees to repair or pay the Grantor for actual damages sustained by Grantor to crops, fences, gates, irrigation and drainage systems, drives, or lawns that are permitted herein, when such damages arise out of AEP's exercise of the rights herein granted. The failure of AEP to exercise any of the rights granted herein, or the removal of any facilities from the Easement, shall not be deemed to constitute an abandonment or waiver of the rights granted herein. This instrument contains the complete agreement, expressed or implied between the parties herein and shall inure to the benefit of and be binding on their respective successors, assigns, heirs, executors, administrators, lessees, tenants, and licensees. This Easement may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument. Any remaining space on this page left intentionally blank. See next page for signatures. EXHIBIT "A" LEGAL DESCRIPTION THIS DESCRIPTION WAS PREPARED BY MARK STRONG, INDIANA LS 800040295, PRESIDENT OF ENGINEERING VISION, INC. ON THE 12th OF NOVEMBER, 2018; JOB # 17-995. SURVEY DATUM IS NAD 83, INDIANA EAST ZONE, REALIZATION IGS08 (INDIANA CORRS) AND U.S. FEET. PART OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 2 EAST, ST JOSEPH COUNTY, INDIANA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 35; THENCE NORTH 88 DEGREES 06 MINUTES 24 SECONDS EAST, (STATE PLANE GRID BASIS OF BEARINGS), 2142.73 FEET TO THE POINT OF BEGINNING SAID POINT BEING ON THE NORTH EAST LINE OF US 31 RIGHT OF WAY; THENCE NORTH 29 DEGREES 39 MINUTES 10 SECONDS WEST, ALONG SAID RIGHT OF WAY 15.24 FEET, THENCE, NORTH 76 DEGREES 40 MINUTES 50 SECONDS WEST, ALONG SAID RIGHT OF WAY 72.61 FEET; THENCE LEAVING SAID RIGHT OF WAY, NORTH 15 DEGREES 04 MINUTES 53 SECONDS EAST, 32.57 FEET, THENCE SOUTH 88 DEGREES 50 MINUTES 34 SECONDS EAST, 320.66 FEET; THENCE NORTH 16 DEGREES 56 MINUTES 20 SECONDS EAST, 198.55 FEET TO THE WEST RIGHT OF WAY OF MICHIGAN STREET, THENCE, ALONG SAID LINE, SOUTH 16 DEGREES 50 MINUTES 48 SECONDS EAST, 56.76 FEET, THENCE, LEAVING SAID LINE, SOUTH 18 DEGREES 42 MINUTES 31 SECONDS WEST, 192.31 FEET TO THE NORTH RIGHT OF WAY OF KERN ROAD; THENCE, ALONG SAID LINE, SOUTH 45 DEGREES 31 MINUTES 42 SECONDS WEST, 19.22 FEET, THENCE, LEAVING SAID LINE, NORTH 88 DEGREES 50 MINUTES 34 SECONDS WEST, 249.83 FEET TO THE POINT OF BEGINNING CONTAINING 0.555 ACRES OF LAND MORE OR LESS AND BEING SUBJECT ALL EASEMENTS AND RIGHTS OF WAY OF RECORD. gL 4,310or 0 o No. 0 o °o0LS80040295 0° • • 0o STATE OF o' 0 AN�' 0•0 '•• •000 AEP INDIANA MICHIGAN TRANSMISSION COMPANY, INC. JACKSON ROAD—MARSHALL EASEMENT ACROSS THE LANDS OF JAI JAGDISH, INC. CONTAINING f 0.555 ACRES SCALE: 1 " = 100' EASEMENT: 45 TLN385:94-154 DATE: 11-12-18 MAP NO: PAGE 1 OF 2 EXHIBIT "A" DICE ST z _U KERN ST SITE LOCATION MAP (N.T.S.) N o �+ rn ��o co 320.66' oN,� 0 100 h S 88'50'34" E ^ co SCALE IN FEET N 76'40'50" W 2142.73' 1 INCH = 100 FEET N 88'06'24" E 249.83' STATE OF INDIANA SW COR SE QTR 15.24' N 88'50'34" W L19-22' ST JOSEPH COUNTY SEC. 35-37-2 N 29*39'10" W CENTRE TOWNSHIP S 45*31'42" W SEC 35, T37N, R2E EXHIBIT PREPARED BY: ENGINEERING VISION, INC 5812 INDUSTRIAL ROAD FORT WAYNE, IN 46825 (260)484-2748 JAI JAGDISH, INC. 71-13-02-226-023.000-002 AEP INDIANA MICHIGAN DOC 0808459 TRANSMISSION COMPANY INC. DOC 1812435 JACKSON ROAD-MARSHALL EASEMENT ACROSS THE LANDS OF ❑ 0.000 EXISTING EASEMENT JAI JAGDISH, INC. ® 0,555 NEW EASEMENT CONTAINING i 0.555 ACRES SCALE: 1" = 100' DATE: 11-12-18 0.555 TOTAL I&M EASEMENT AREA EASEMENT: 45 MAP NO: TLN385:94-154 PAGE 2 OF 2 EXHIBIT "A" JAI JAGDISH, INC. 71-13-02-226-023.000-002 DOC 0808459 ® 0,555 NEW EASEMENT ❑ 0.095 CITY UTILITY EASEMENT ® 0.040 OVERLAPPING EASEMENT AREA OVERLAP WIDTH DICE ST z _U KERN ST SITE LOCATION MAP (N.T.S.) 0 50 SCALE IN FEET 1 INCH = 50 FEET STATE OF INDIANA ST JOSEPH COUNTY CENTRE TOWNSHIP SEC 35, T37N, R2E EXHIBIT PREPARED BY: ENGINEERING VISION, INC 5812 INDUSTRIAL ROAD FORT WAYNE, IN 46825 (260)484-2748 AEP INDIANA MICHIGAN TRANSMISSION COMPANY, INC. JACKSON ROAD-MARSHALL EASEMENT ACROSS THE LANDS OF JAI JAGDISH, INC. SCALE: 1" = 50' EASEMENT: 45 TLN385:94-154 DATE: 11-15-18 MAP NO: PAGE 1 OF 1 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 1 /31 /23 Name: Michael J Schmidt Department of Public Works — Engineering Division BPW Date: 2/14/23 Phone Extension: Required Prior to Submittal to Board BPW Attorney X Attorney Name Michael Schmidt Dept. Attorney ❑ Attorney Name Michael Schmidt Purchasing ❑ Mickey Low Check the Appropriate Item Type — Re uired 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: Memorandum of ® Ease./Encroach nderstandin Information Company or Vendor Name AEP New Vendor ❑ Yes❑ If Yes, Approved by Purchasing ❑ No MBE/WBE Contractor ❑ ❑ MBE Completed E-Verify Form Attached ❑ Nos Easement located at the northwest corner of Kern Road and Michigan Project Name Project Number Funding Source Account No. Amount Terms of Contract Special Contract Provisions Purpose/Description Street MOU for an easement located at the northwest corner of Kern Road and Michigan Street; Related Easement For change Orders Only Amount of ❑ Increase ❑ Decrease ($ ) Previous Amount Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: Increase Decrease Increase Decrease New Completion Date: