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Home My WebLink AboutEasement Nos. 63 & 65 - Two (2) Parcels Ponader Park for Electric – American Electric Power - TABLEDINTER -OFFICE MEMORANDUM Department of Law City of South Bend 227 W Jefferson Blvd TO: Board of Public Works, Theresa Heffner, Michael Schmidt FROM: Jenna Throw, Assistant City Attorney SUBJECT: AEP Easement DATE: February 21, 2022 Members of the Board, Ms. Heffner, and Mr. Schmidt: AEP has requested an easement over two parcels of property owned by the Civil City of South Bend which are part of Ponader Park for electric transmission, distribution, and communication lines and appurtenant equipment and fixtures. The Board of Park Commissioners is expected to approve these easements over park property at its February 22, 2023 meeting. The Board has already approved the Easement labeled Easement No. 63 in concept at its August 15, 2022 meeting, and Easement No. 65 is part of the same project. The Board of Park Commissioners is also expected to sign two other easements over parcels titled to the Parks at Boehm Park and Booth Tarkington Park at its February 22" d meeting. However, the parcels for Easements 63 and 65 are currently titled to the City, rather than the Parks Department or the Board of Park Commissioners. As the Board of Public Works is the holder of real property owned by the City, we request that the Board approve this Easement. Line Name: South Bend - West Side Line No.: TLN120:92181 Easement No.: 63 EASEMENT AND RIGHT OF WAY On this_ day of -2023, 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, City of South Bend, acting by and through its Board of Public Works, whose address is 227 W. Jefferson Blvd., Suite 1300, South Bend, Indiana 46601. ("Grantor"), whether one or more persons, hereby grants, sells, conveys, and warrants to Indiana Michigan Power Company, 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, Clay, Section 32, Township No. 38 North, Range No. 3 East, Lot(s) 295, 296, 297, and 298, Maple Lane Subdivision, Tax Parcel Number 71-04-32-104-001.000-003. Grantor claims title by Quit Claim Deed, Deed Book 560, Page 498, recorded on 11/01/1956; in the St. Joseph County Recorder's Office. Auditor/Key/Tax Number: 71-04-32-104-001.000-003 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 and patrol (by ground or air), 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 #2981052v5 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 "Work"). The right, in AEP's discretion, now or in the future, to cut down, trim, remove, and otherwise control, using legally acceptable 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 trim 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. AEP shall consult with Grantor in the event AEP determines that a tree located outside of the Easement Area should be removed, and Grantor shall determine, in its sole discretion, whether the tree shall be cut down or some other remedy proposed; provided, however, that when there is an urgent need to remove a tree for safety reasons or to prevent imminent damage to AEP's facilities, as determined by AEP's experienced forestry personnel in writing and provided to the Grantor, AEP will not be required to obtain Grantor's consent before removing the tree in question. Any such removal shall be subject to the compensation requirements of this Agreement. AEP shall have the right of unobstructed ingress and egress, at any and all times, over, across and along and upon the Easement Area, and, at reasonable times, across the adjoining lands of Grantor as may be reasonably necessary for access to and from the Easement Area for the above referenced purposes. AEP shall not have the right to stage equipment on adjoining lands of Grantor without first obtaining Grantor's prior written approval. The Grantor understands AEP has or may seek access to City rights -of -ways ("ROW") for portions of the Work. AEP understands and agrees to secure the required permits and/or approvals from the City of South Bend for this ROW access. THIS GRANT IS SUBJECT TO THE FOLLOWING CONDITIONS: The Grantor reserves the right to cultivate annual crops, pasture, decorative plantings, 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 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. #2981052v5 AEP agrees to repair or pay the Grantor for actual damages sustained by Grantor to trees, shrubs, decorative plantings, 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. AEP agrees to pay Grantor Five Hundred Dollars ($500.00) per tree, payable to the City of South Bend, 227 W. Jefferson Blvd., South Bend, IN, within thirty (30) days of commencement of Work in the Easement Area as damages for the removal of any trees with a diameter of five (5) inches or greater within the Easement Area ("the Trees"). It is further agreed that the City is permitted to decide which stumps from the Trees AEP is required to remove by grinding and which stumps from the Trees the City wants to be retained in place, if any. The Parties acknowledge that AEP's use of the Easement Area may involve Work resulting in disturbance and damage to the City property within and adjacent to the Easement Area. AEP agrees that at its sole expense, it shall restore the City property to the same or better condition than existed immediately prior to AEP's use, with the exception of structures installed within the scope of AEP's Work. AEP will notify the City promptly upon completion of restoration, so as to provide the City with sufficient time to inspect and provide written notice of its acceptance of the restoration for each portion of the Property used. AEP agrees that full or partial closure and/or loss of use and enjoyment of the Property managed by the City's Board of Park Commissioners, for a period in excess of 90 consecutive days, would result in harm to the City. AEP acknowledges that, if the Work consisting of AEP's initial construction and installation of its facilities within the Easement Area which requires full or partial closure of the Property ("Initial Work") is not completed within 90 days after the date the Initial Work is commenced, the City may assess a $500.00 per day Property use fee for each day after the 90th day until the Initial Work is complete. Notwithstanding the foregoing, the City agrees that (1) AEP's initial tree clearing and clean-up work will not trigger commencement of the 90-day period for completing the Initial Work, and (2) days where AEP is prevented from performing the Initial Work due to circumstances beyond AEP's reasonable control will not count toward the 90-day period. Prior to commencing the Initial Work, AEP will provide the City with written notice confirming the Initial Work start date. At all times during the performance of the Work, AEP agrees to conduct the Work in a manner consistent with keeping the Easement Area in good order and condition and free of debris. During times of construction, maintenance of traffic and any other signage and barriers must be checked regularly to ensure adequate safety zones and public paths are maintained. Except in cases of an emergency, AEP and its subcontractors must notify the City, by and through its Director of Venues, Parks & Arts (or his designee), a minimum of forty-eight (48) hours prior to any scheduled maintenance work. AEP recognizes and acknowledges that the City may seek, in the future, to improve the Easement Area for the use, enjoyment and benefit of City's residents and visitors. AEP #2981052v5 agrees to reasonably cooperate with the City when requested to locate, describe, and document the work (with reasonable opportunity to respond to any such requests) to permit City to plan and construct improvements in the Easement Area in a manner consistent with the terms of this Agreement, provided that the City may not make any improvements where the construction work or the improvements themselves would interfere with the operation of AEP's facilities, create any unsafe condition, or cause AEP's facilities to be violation of applicable regulations. The Parties will coordinate for any proposed work in the Easement Area and it is understood and agreed that widening and improvements of the walking path, construction and maintenance of athletic fields, park benches, bike racks, charging stations, temporary vendor stands and event facilities, tents, signage and lighting that do not interfere with AEP structures do not amount to substantial interference with the Work. In the event that any portion of the Easement Area is rendered permanently unfit for the Work due to natural or man-made disasters or advancements in technology ("Unfit Use Area"), AEP is permitted to remove or abandon its structures from the Unfit Use Area at its sole expense and subject to the terms of this Agreement. Abandonment or removal plans will be coordinated between City and AEP and will include an appropriate remediation and restoration plan for AEP to implement, as well as, subject to the paragraph below, a written agreement suitable for recording terminating this Easement. The failure of AEP to exercise any of the rights granted herein, or the removal of any facilities from the Easement Area, shall not be deemed to constitute an abandonment or waiver of the rights granted herein, except as otherwise provided in this paragraph. Should five years pass from the date that this Easement is executed, and AEP has either never used the Easement Area or has ceased using the Easement Area for a period of 24 consecutive months, Grantor may send AEP written notice of its intention to terminate this Easement. If AEP fails to notify Grantor, within 60 days after receiving Grantor's notice, that AEP has plans to resume use of the Easement Area, this Easement will terminate without any additional notice required by Grantor or AEP. AEP will be responsible for the cost and removal of such unused facilities within six months of the termination of this Easement. If Grantor determines that the Easement Area requires maintenance which AEP is obligated to perform, including but not limited to maintaining AEP facilities and keeping the surrounding areas free from potential safety and/or damage threats, Grantor shall notify AEP in writing to request such maintenance. If AEP agrees it is obligated to perform the requested maintenance and does not remedy the issue within sixty (60) days after such written notice, Grantor may file an action for injunctive relief to compel AEP to perform the maintenance and/or file an action for damages. This instrument contains the complete agreement 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. #2981052v5 Any remaining space on this page left intentionally blank. See next page for signatures. #2981052v5 IN WITNESS WHEREOF, the Grantor has executed this Easement effective the day, month and year first above written. GRANTOR 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, Associate General Counsel - Real Estate, American Electric Power Service Corporation, 1 Riverside Plaza, Columbus, OH 43215 for and on behalf of Indiana Michigan Power Company, a unit of American Electric Power. When recorded return to: American Electric Power -Transmission Right of Way, PO Box 60, Fort Wayne, IN 46801. #2981052v5 #2981052v5 Line Name: South Bend - West Side Line No.: TLN120:92181 Easement No.: 65 EASEMENT AND RIGHT OF WAY On this_ day of ,2023, 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, City of South Bend, acting by and through its Board of Public Works, whose address is 227 W. Jefferson Blvd., Suite 1300, South Bend, Indiana 46601. ("Grantor"), whether one or more persons, hereby grants, sells, conveys, and warrants to Indiana Michigan Power Company, 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, Clay Township, Northwest Quarter section, Section 32, Township No. 38 North, Range No. 3 East, Tax Parcel Number 71-04-32-103-001.000-003. Grantor claims title by Quit Claim Deed, Deed Book 605, Page 608, recorded on 09/27/1960; in the St. Joseph County Recorder's Office. Auditor/Key/Tax Number: 71-04-32-103-001.000-003 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 and patrol (by ground or air), 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 #29963200 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 "Work"). The right, in AEP's discretion, now or in the future, to cut down, trim, remove, and otherwise control, using legally acceptable 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 trim 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. AEP shall consult with Grantor in the event AEP determines that a tree located outside of the Easement Area should be removed, and Grantor shall determine, in its sole discretion, whether the tree shall be cut down or some other remedy proposed; provided, however, that when there is an urgent need to remove a tree for safety reasons or to prevent imminent damage to AEP's facilities, as determined by AEP's experienced forestry personnel in writing and provided to the Grantor, AEP will not be required to obtain Grantor's consent before removing the tree in question. Any such removal shall be subject to the compensation requirements of this Agreement. AEP shall have the right of unobstructed ingress and egress, at any and all times, over, across and along and upon the Easement Area, and, at reasonable times, across the adjoining lands of Grantor as may be reasonably necessary for access to and from the Easement Area for the above referenced purposes. AEP shall not have the right to stage equipment on adjoining lands of Grantor without first obtaining Grantor's prior written approval. The Grantor understands AEP has or may seek access to City rights -of -ways ("ROW") for portions of the Work. AEP understands and agrees to secure the required permits and/or approvals from the City of South Bend for this ROW access. THIS GRANT IS SUBJECT TO THE FOLLOWING CONDITIONS: The Grantor reserves the right to cultivate annual crops, pasture, decorative plantings, 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 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. #29963200 AEP agrees to repair or pay the Grantor for actual damages sustained by Grantor to trees, shrubs, decorative plantings, 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. AEP agrees to pay Grantor Five Hundred Dollars ($500.00) per tree, payable to the City of South Bend, 227 W. Jefferson Blvd., South Bend, IN, within thirty (30) days of commencement of Work in the Easement Area as damages for the removal of any trees with a diameter of five (5) inches or greater within the Easement Area ("the Trees"). It is further agreed that the City is permitted to decide which stumps from the Trees AEP is required to remove by grinding and which stumps from the Trees the City wants to be retained in place, if any. The Parties acknowledge that AEP's use of the Easement Area may involve Work resulting in disturbance and damage to the City property within and adjacent to the Easement Area. AEP agrees that at its sole expense, it shall restore the City property to the same or better condition than existed immediately prior to AEP's use, with the exception of structures installed within the scope of AEP's Work. AEP will notify the City promptly upon completion of restoration, so as to provide the City with sufficient time to inspect and provide written notice of its acceptance of the restoration for each portion of the Property used. AEP agrees that full or partial closure and/or loss of use and enjoyment of the Property managed by the City's Board of Park Commissioners, for a period in excess of 90 consecutive days, would result in harm to the City. AEP acknowledges that, if the Work consisting of AEP's initial construction and installation of its facilities within the Easement Area which requires full or partial closure of the Property ("Initial Work") is not completed within 90 days after the date the Initial Work is commenced, the City may assess a $500.00 per day Property use fee for each day after the 90th day until the Initial Work is complete. Notwithstanding the foregoing, the City agrees that (1) AEP's initial tree clearing and clean-up work will not trigger commencement of the 90-day period for completing the Initial Work, and (2) days where AEP is prevented from performing the Initial Work due to circumstances beyond AEP's reasonable control will not count toward the 90-day period. Prior to commencing the Initial Work, AEP will provide the City with written notice confirming the Initial Work start date. At all times during the performance of the Work, AEP agrees to conduct the Work in a manner consistent with keeping the Easement Area in good order and condition and free of debris. During times of construction, maintenance of traffic and any other signage and barriers must be checked regularly to ensure adequate safety zones and public paths are maintained. Except in cases of an emergency, AEP and its subcontractors must notify the City, by and through its Director of Venues, Parks & Arts (or his designee), a minimum of forty-eight (48) hours prior to any scheduled maintenance work. AEP recognizes and acknowledges that the City may seek, in the future, to improve the Easement Area for the use, enjoyment and benefit of City's residents and visitors. AEP #29963200 agrees to reasonably cooperate with the City when requested to locate, describe, and document the work (with reasonable opportunity to respond to any such requests) to permit City to plan and construct improvements in the Easement Area in a manner consistent with the terms of this Agreement, provided that the City may not make any improvements where the construction work or the improvements themselves would interfere with the operation of AEP's facilities, create any unsafe condition, or cause AEP's facilities to be violation of applicable regulations. The Parties will coordinate for any proposed work in the Easement Area and it is understood and agreed that widening and improvements of the walking path, construction and maintenance of athletic fields, park benches, bike racks, charging stations, temporary vendor stands and event facilities, tents, signage and lighting that do not interfere with AEP structures do not amount to substantial interference with the Work. In the event that any portion of the Easement Area is rendered permanently unfit for the Work due to natural or man-made disasters or advancements in technology ("Unfit Use Area"), AEP is permitted to remove or abandon its structures from the Unfit Use Area at its sole expense and subject to the terms of this Agreement. Abandonment or removal plans will be coordinated between City and AEP and will include an appropriate remediation and restoration plan for AEP to implement, as well as, subject to the paragraph below, a written agreement suitable for recording terminating this Easement. The failure of AEP to exercise any of the rights granted herein, or the removal of any facilities from the Easement Area, shall not be deemed to constitute an abandonment or waiver of the rights granted herein, except as otherwise provided in this paragraph. Should five years pass from the date that this Easement is executed, and AEP has either never used the Easement Area or has ceased using the Easement Area for a period of 24 consecutive months, Grantor may send AEP written notice of its intention to terminate this Easement. If AEP fails to notify Grantor, within 60 days after receiving Grantor's notice, that AEP has plans to resume use of the Easement Area, this Easement will terminate without any additional notice required by Grantor or AEP. AEP will be responsible for the cost and removal of such unused facilities within six months of the termination of this Easement. If Grantor determines that the Easement Area requires maintenance which AEP is obligated to perform, including but not limited to maintaining AEP facilities and keeping the surrounding areas free from potential safety and/or damage threats, Grantor shall notify AEP in writing to request such maintenance. If AEP agrees it is obligated to perform the requested maintenance and does not remedy the issue within sixty (60) days after such written notice, Grantor may file an action for injunctive relief to compel AEP to perform the maintenance and/or file an action for damages. This instrument contains the complete agreement 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. #29963200 Any remaining space on this page left intentionally blank. See next page for signatures. #2996320vl IN WITNESS WHEREOF, the Grantor has executed this Easement effective the day, month and year first above written. GRANTOR 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, Associate General Counsel - Real Estate, American Electric Power Service Corporation, 1 Riverside Plaza, Columbus, OH 43215 for and on behalf of Indiana Michigan Power Company, a unit of American Electric Power. When recorded return to: American Electric Power -Transmission Right of Way, PO Box 60, Fort Wayne, IN 46801. #29963200 #2996320v1 EXHIBIT "A" LINE TABLE LINE NO. BEARING LENGTH L1 N89°32'45"E 80.21' L2 S66°29'30"E 49.24' L3 N60°29'28"E 51.48' L4 N89°32'45"E 58.79' L5 S00°26'34"E 28.43' L6 S88056'13"W 213.39' L7 S89053'08"W 15.62' L8 N00°26'34"W 25.60' NOTES: THIS DRAWING WAS PREPARED FOR THE LIMITED USE OF INDIANA MICHIGAN POWER COMPANY FOR EASEMENT PURPOSES ONLY AND IS NOT INTENDED TO REPRESENT A COMPLETE SURVEY OF THE PROPERTY. ROAD RIGHT OF WAY WIDTHS ARE SHOWN PER INFORMATION OBTAINED FROM THE COUNTY OR STATE DEPARTMENT N OF TRANSPORTATION UNLESS OTHERWISE NOTED. ADJOINING LAND OWNERSHIP INFORMATION WAS OBTAINED FROM THE ST. JOSEPH COUNTY GIS SYSTEM ON THE ORIGINAL EXHIBIT DATE. NO ADDITIONAL VERIFICATION HAS BEEN PERFORMED BY THE SURVEYOR. BEARINGS SHOWN HEREON ARE BASED ON THE INDIANA STATE PLANE COORDINATE SYSTEM, EAST ZONE, U.S. SURVEY FEET. 0 50 75 100 Ell 1 1 inch = 50 ft. NE 31-1-38 0-3 ,481 ETiin -3 NW114 32-38-03 nest c �,. (D .la H VICINITY MAP NOT TO SCALE EASEMENT AREA CONTAINING ±0.118 OF AN ACRE TOTAL ±0.000 OF AN ACRE EXISTING EASEMENT AREA ±0.118 OF AN ACRE NEW EASEMENT AREA DOUGLAS ROAD ±0.000 OF AN ACRE EASEMENT AREA WITHIN ROAD R/W (EASEMENT LENGTH = ±229.0') (R/W VARIES) P.O.B. SOUTH INTERSECTION OF THE SOUTH RIGHT RM LINE OF WAY LINE OF DOUGLAS ROAD WITH THE WEST LINE OF LOT 206 L4 L1 L6 L7 APPROXIMATE LOCATION WEST LINE, OF JUDAY CREEK PER LOT 206 LOT 206 AERIAL AND FIELD DATA W ry EAST LINE, C4 PROPERTY OWNER lt" LOT 206 Q THE CITY OF SOUTH BEND -. "MAPLE LANE 71 BOOK605, 04-P0GE 608 0-003 SUB -DIVISION" BOOK 11, PAGE 3 DEcQLEGEND �� P.�Otl�,IST P.O.C. P.O.B. POINT OF COMMENCEMENT POINT OF BEGINNING �_ 12/01 /2022 No. LS21900006 _� __ AARON D. SMITH DATE P.O.R. POINT OF REFERENCE = LS-21900006 R.P.T. REFERENCE POINT TIE -DOWN •% - RIGHT OF WAY LINE STATE OF R/W ROAD RIGHT OF WAY LINE � %* •• SURV PROJ. #: 210499 ,'��i�� _P/L- PROPERTY LINE EASEMENT AREAASEMENT LINE NAME: OTLN1UTH 20 SIDE 0 ENEW AREA RELEASED �SURTE��``` LINE NUMBERgD18WEST 41,61111111„` EASEMENT NUMBER: 65 0 EXISTING EASEMENT AREA INDIANA MICHIGAN POWER COMPANY MWIGHTMAN AN EASEMENT ACROSS THE LANDS OF CITY OF SOUTH BEND BENTON HARBOR KALAMAZOO ALLEGAN ROYAL OAK 269.927.0100 269.327.3532 269.673.8465 248.791.1371 ±0.118 OF AN ACRE SITUATED IN THE STATE OF INDIANA, COUNTY OF ST. JOSEPH, www.gowightman.com CLAY TOWNSHIP, SECTION(S) 32, T 38 N, R 3 E DRAWN BY: SCR I CHECKED BY: BJB I SCALE: 1" = 50' DATE: 10/20/2021 1 REVISED: 12/01/2022 FILE: I SHEET 1 OF 2 EXHIBIT "A" EASEMENT DESCRIPTION THAT PART OF LOT 206 "MAPLE LANE SUB -DIVISION," BEING A SUBDIVISION IN THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 11, PAGE 3, ST. JOSEPH COUNTY RECORDS, DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF DOUGLAS ROAD WITH THE WEST LINE OF SAID LOT 206; THENCE NORTH 89' 32' 45" EAST ON SAID SOUTH RIGHT OF WAY LINE 80.21 FEET; THENCE SOUTH 66° 29' 30" EAST ON SAID SOUTH RIGHT OF WAY LINE 49.24 FEET; THENCE NORTH 60' 29' 28" EAST ON SAID SOUTH RIGHT OF WAY LINE 51.48 FEET; THENCE NORTH 89' 32' 45" EAST ON SAID SOUTH RIGHT OF WAY LINE 58.79 FEET TO THE EAST LINE OF SAID LOT 206; THENCE SOUTH 00' 26' 34" EAST ON SAID EAST LOT LINE 28.43 FEET; THENCE SOUTH 88' 56' 13" WEST 213.39 FEET; THENCE SOUTH 89' 53' 08" WEST 15.62 FEET TO THE WEST LINE OF SAID LOT 206; THENCE NORTH 00° 26' 34" WEST ON SAID WEST LOT LINE 25.60 FEET TO THE POINT OF BEGINNING. BEARINGS ARE BASED ON THE INDIANA STATE PLANE COORDINATE SYSTEM, EAST ZONE, U.S. SURVEY FEET. pN D. 12/01 /2022 No. LS21900006 AARON D. SMITH DATE LS-21900006 STATE OF r %* ; SURV PROJ. #: 210499 /�.�NDIANP�q \$'' LINE NAME: SOUTH BEND - WEST SIDE LINE NUMBER: TLN120:92181 SUR1; \\�� EASEMENT NUMBER: 65 INDIANA MICHIGAN POWER COMPANY OWIGHTMAN AN EASEMENT ACROSS THE LANDS OF CITY OF SOUTH BEND BENTON HARBOR KALAMAZOO ALLEGAN ROYAL OAK ±0.118 OF AN ACRE 269.927.0100 269.327.3532 269.673.8465 248.791.1371 SITUATED IN THE STATE OF INDIANA, COUNTY OF ST. JOSEPH, www.gowightman.com CLAY TOWNSHIP, SECTION(S) 32, T 38 N, R 3 E DRAWN BY: SCR I CHECKED BY: BJB I SCALE: DATE: 10/20/2021 1 REVISED: 12/01/2022 FILE: I SHEET 2 OF 2 EXHIBIT "A" LINE TABLE LINE NO. BEARING LENGTH L1 N89°32'45"E 80.21' L2 S66°29'30"E 49.24' L3 N60°29'28"E 51.48' L4 N89°32'45"E 58.79' L5 SOO°26'34"E 28.43' L6 S88056'13"W 213.39' L7 S89053'08"W 15.62' L8 N00°26'34"W 25.60' LEGEND NOTES: THIS DRAWING WAS PREPARED FOR THE LIMITED USE OF INDIANA MICHIGAN POWER COMPANY FOR EASEMENT PURPOSES ONLY AND IS NOT INTENDED TO REPRESENT A COMPLETE SURVEY OF THE PROPERTY. ROAD RIGHT OF WAY WIDTHS ARE SHOWN PER INFORMATION OBTAINED FROM THE COUNTY OR STATE DEPARTMENT N OF TRANSPORTATION UNLESS OTHERWISE NOTED. ADJOINING LAND OWNERSHIP INFORMATION WAS OBTAINED FROM THE ST. JOSEPH COUNTY GIS SYSTEM ON THE ORIGINAL EXHIBIT DATE. NO ADDITIONAL VERIFICATION HAS BEEN PERFORMED BY THE SURVEYOR. BEARINGS SHOWN HEREON ARE BASED ON THE INDIANA STATE PLANE COORDINATE SYSTEM, EAST ZONE, U.S. SURVEY FEET. 0 50 75 100 1 inch = 50 ft. BOOK 11, PAGE 3 P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING P.O.R. POINT OF REFERENCE R.P.T. REFERENCE POINT TIE -DOWN - . - RIGHT OF WAY LINE R/W ROAD RIGHT OF WAY LINE -P/L- PROPERTY LINE 0 NEW EASEMENT AREA i1 Z/Zl� EASEMENT AREA RELEASED 0 EXISTING EASEMENT AREA `WWIGHTMAN BENTON HARBOR KALAMAZOO ALLEGAN ROYAL OAK 269.927.0100 269.327.3532 269.673.8465 248.791.1371 www.gowightman.com DRAWN BY: SCR I CHECKED BY: BJB I SCALE: 1" = 50' NE 114 31-38-03 0 0 Edain -7I M DOUGLAS ROAD /DAA/ \/ADICQI ftzd�m VICINITY MAP NOT TO SCALE AARON D. SMITH LS-21900006 NW 114 32-38-03 SURV PROJ. #: 210499 LINE NAME: SOUTH BEND - WEST SIDE LINE NUMBER: TLN120:92181 EASEMENT NUMBER: 65 INDIANA MICHIGAN POWER COMPANY AN EASEMENT ACROSS THE LANDS OF CITY OF SOUTH BEND J DATE ±0.118 OF AN ACRE SITUATED IN THE STATE OF INDIANA, COUNTY OF ST. JOSEPH, CLAY TOWNSHIP, SECTION(S) 32, T 38 N, R 3 E DATE: 10/20/2021 REVISED: 12/01/2022 FILE: I SHEET 1 OF 1 - - yam; I ui}. . �•rilR .. `u M.i�..v: 0 200 300 400 1 inch = 200 ft. EXHIBIT "A" P.O.B. INTERSECTION OF SOUTH DOUGLAS ROAD THE SOUTH RM! LINE RAN LINE (R/W VARIES) OF DOUGLAS ROAD . L1r ' WITH THE WEST LINE OF LOT 295 _ ry COUNTY OF ST. JOSEPH I} BOOK 560. PAGE 498 71-04-32.103.001.000-003 COUNTY OF ST. JOSEPH BOOK 560. PAGE 498 71-04.32-103-001.000-003 COUNTY OF ST, JOSEPH BOOK 550. PAGE 498 71-04-32-103-001.000-003 z'S LS LOT 295 WEST LINE, LOT 295 o LOT 296 LOT 297 SOUTH LINE, LOT I'll MCERLAIN (wW VARIES) STREET L o ' (UNDEVELOPED)FNORTH INE,"MAPLELANE298 1SUB-DIVISION" 98 J INTERSECTION OF THE SOUTH R/W LINE WITH THE EAST LINE OF LOT 295 EAST LINE, LOT 295 EAST LINE, LOT 296 ' v I NE 114 k 31-3803 Mc Erlai� Sl - c CITY OF SOUTH BEND CIO CITY CONTROLLER BOOK 560, PAGE 498 71-04-32-104-001.000-003 DEED FOUND FOR LOT 2! EAST LINE, LOT 297 SOUTHEAST CORNER, LOT 297 P.O.B, NORTH EAST CORNER, Douglas1Roacl I SITE NW 1/4 32-38 03 tz Eugene St e' SuNa—Rd VICINITY MAP NOT TO SCALE LINE TABLE LINE NO. BEARING LENGTH Li N89'32'40"E 225.00' L2 S00.26'34'E 634.10' L3 S89'16'01"W 8,11, L4 N00'25'07"W 603.55' L5 S88'56'13-W 217,15' L6 NOO'26'34'W 32.89' L7 S00°26'20'E 180.00' L8 S89'17'02"W 5.17, L9 NOD-25-07"W j 180.00' L10 N89-17-02-E 1 5.10' BOOK T T, PAGE 3 EAST LINE, NOTES: LOT 298 THIS DRAWING WAS PREPARED FOR THE LIMITED USE OF EASEMENT AREA 2 PIL L8 INDIANA MICHIGAN POWER COMPANY FOR EASEMENT PURPOSES SOUTH LINE, I SOUTHEAST ONLY AND IS NOT INTENDED TO REPRESENT A COMPLETE #0.021 OF AN ArPEJ LOT 296 CORNER, SURVEY OF THE PROPERTY, ROAD RIGHT OF WAY WIDTHS ARE LOT 298 SHOWN PER INFORMATION OBTAINED FROM THE COUNTY OR TOTAL EASEMENT AREA CONTAINING ±0.295 OF STATE DEPARTMENT OF TRANSPORTATION UNLESS OTHERWISE AN ACRE TOTAL NOTED. ±0.000 OF AN ACRE EXISTING EASEMENT AREA ±0.295 OF AN ACRE NEW EASEMENT AREA ADJOINING LAND OWNERSHIP INFORMATION WAS OBTAINED ±0.000 OF AN ACRE EASEMENT THE ST. JOSEPH COUNTY GIS SYSTEM ON THE ORIGINAL AREA WITHIN ROAD R/W EXHIBIT EXHIBIT DATE. NO ADDITIONAL VERIFICATION HAS BEEN (EASEMENT LENGTH = ±7835) PERFORMED BY THE SURVEYOR. BEARINGS SHOWN HEREON ARE BASED ON THE INDIANA STATE PLANE COORDINATE SYSTEM. EAST ZONE, U.S. SURVEY FEET. pr+rur/ LEGENDPP-OGISTE;q'S'��'�� 4,%-,41 P.D.C. POINT OF COMMENCEMENT • • 03/25I2022 P.O.B. POINT OF BEGINNING ;• �+ .1 ran G N0, LS2 ! P.O.R, POINT OF REFERENCE — _ AARON D. SMITH DATE R.P.T. REFERENCE POINT TIE -DOWN LS-21900006 — RIGHT OF WAY LINE i '• STATE OF _ RIW — ROAD RIGHT OF WAY LINE � � BAN, SURV PROJ. #: 210499 —PIL— PROPERTY LINE �i� �gN O�.``�� LINE NAME: SOUTH 9WEST SIDE O NEW EASEMENT AREA ��//fi LINE NUMBER: TLN120 2 8 Q Z(Zl� EASEMENT AREA RELEASED iiI',\��`` EASEMENT NUMBER: 63 OVERLAPPING EASEMENT AREA INDIANA MICHIGAN POWER COMPANY AN EASEMENT ACROSS THE LANDS OF UV� G H T M A N CITY OF SOUTH BEND C/O CITY CONTROLLER BENTON HARBOR KALAMAZOO ALLEGAN ROYAL OAK 269.927,0100 269.327.3532 269.673.8465 248.791.1371 ±0.295 OF AN ACRE www.gowighrman,com SITUATED IN THE STATE OF INDIANA, COUNTY OF ST- JOSEPH, CLAY TOWNSHIP, SECTION(S) 32, T 38 N. R 3 E DRAWN BY: TLK I CHECKED BY: BJB I SCALE: 1" = 200' DATE: 01/28/2022 REVISED: 03/25/2022 FILE: SHEET 1 OF 2 EXHIBIT "A" EASEMENT AREA 1 DESCRIPTION THAT PART OF LOTS 295, 296, AND 297 "MAPLE LANE SUB -DIVISION," BEING A SUBDIVISION IN SECTION 32. TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 11, PAGE 3, ST. JOSEPH COUNTY RECORDS, DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF DOUGLAS ROAD WITH THE WEST LINE OF SAID LOT 205; THENCE NORTH 89' 32' 40" EAST ON SAID RIGHT OF WAY LINE 225.00 FEET TO THE INTERSECTION OF SAID SOUTH RIGHT OF WAY LINE WITH THE EAST LOT LINE OF SAID LOT 295; THENCE SOUTH 00' 26' 34" EAST ON THE EAST LINE OF SAID LOTS 295, 296, AND 297 A DISTANCE OF 634.10 FEET TO THE SOUTHEAST CORNER OF SAID LOT 297; THENCE SOUTH 89' 16' 01" WEST ON THE SOUTH LINE OF SAID LOT 297 A DISTANCE OF 8.11 FEET; THENCE NORTH 00° 25' 07" WEST 603.55 FEET; THENCE SOUTH 88' 56' 13" WEST 217.15 FEET TO THE WEST LINE OF SAID LOT 295; THENCE NORTH 00' 26' 34" WEST ON SAID WEST LOT LINE 32.89 FEET TO THE POINT OF BEGINNING. EASEMENT AREA 2 DESCRIPTION THAT PART OF LOT 298 "MAPLE LANE SUB -DIVISION," BEING A SUBDIVISION IN SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 11, PAGE 3, ST. JOSEPH COUNTY RECORDS, DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 298; THENCE SOUTH 00" 26' 20" EAST ON THE EAST LINE OF SAID LOT 298 A DISTANCE OF 180.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 298; THENCE SOUTH 89' 17' 02" WEST ON THE SOUTH LINE OF SAID LOT 298 A DISTANCE OF 5.17 FEET; THENCE NORTH 00° 25' 07" WEST 180.00 FEET TO THE NORTH LINE OF SAID LOT 298; THENCE NORTH 89" 17' 02" EAST ON SAID NORTH LOT LINE 5.10 FEET TO THE POINT OF BEGINNING. BEARINGS ARE BASED ON THE INDIANA STATE PLANE COORDINATE SYSTEM, EAST ZONE, U.S. SURVEY FEET. ' }V D. S'Nk `" 3/25/2022 No. LS21900006 AARON D. SMITH DATE LS-21900006 STATE OF ' ..,* IUDIANP;..•'� SURV PRdJ. #: 210499 �� LINE NAME: SOUTH BEND - WEST SIDE �LINE u �N� I1 {�O````` EASEMENST NUMBER: 632181 INDIANA MICHIGAN POWER COMPANY r'SWIGHTMAN AN EASEMENT ACROSS THE LANDS OF CITY OF SOUTH BEND CIO CITY CONTROLLER BENTON HARBOR KALAMAZOO ALLEGAN ROYAL OAK ±0.295 OF AN ACRE 269A27.0100 269.327.3532 269.673.8465 246.791.1371 www,gpwightman.com SITUATED IN THE STATE OF INDIANA, COUNTY OF ST. JOSEPH, CLAY TOWNSHIP, SECTION(S) 32, T 38 N. R 3 E DRAWN BY: TLK I CHECKED BY: BJB I SCALE: DATE: 01/28/2022 REVISED: 03/25/2022 FILE: I SHEET 2 OF 2 a zoo 300 aaa 1 EXHIBIT "A" 1 inch = 200 ft. INTERSECTION OF ' P.A.B. SOUTH DO UGLAS ROAD THE SOUTH RM INTERSECTION OF LINE WITH THE /►/ NE 114 CC THE SOUTH Rf4fU LINE EAST LINE OF I LINEROAD 31-38.03 a S OFDOUGLASRDAO -"� " LOT 295 I_...rr Mc Erla' �C St L1 WITH THE WEST LINE 1■ ft OF LOT 295 I ` COUNTY OF ST. JDSEPH BOOK 560. PAGE •198 WE 71-04-32-163-OP1.000-003 1:9 d � a COUNTY OF ST. JOSEPH CL BOOK 560• PAGE 498 O0 71-04-32-103-001.000-0.) I j Lw W Z — W tz Iti 4 COUNTY OF ST. JOSLPH BOOK 560. PAGE 498 71.04-32-103-091.000-003 Zit SOUTH s- EASEMENT AREA 1 ±0.274 OF AN ACRE -ff. a1 Eugene St 95 _ - LsEAST I la F2d E LOT 295 EAST LINE, LOT 296 J t] tit ��., PROPERTY OWNER CITY OF SOUTH BEND CIO N CITY CONTROLLER BOOK 560, PAGE 498 J 71-04-32-104-001.000-003 LOI -L97,[ ; ! EAST LINE, N RM L3 I ; LOT 297 MCERLA ET,c;fl._ (UNDE RIYV _ CORNERSOUTHEAS LOT 297 NORTH LINE.. 'MAPLE L LOT 298 ` _ P.O.B. .� a NORTHEAST �/ �+ SUB -DI V Iiln 8 ' LOT 298 s BOOK 11, r EAST LINE, Pn LOT 298 EASEMENT AREA 2 L8 t0.021 OF AN ACRE SOUTH LINE, SourHEAs CORNER, T 298 LOT 298 TOTAL EASEMENT AREA CONTAINING t0.295 OF AN ACRE TOTAL t0.000 OF AN ACRE EXISTING EASEMENT AREA +0.295 OF AN ACRE NEW EASEMENT AREA +0.000 OF AN ACRE EASEMENT AREA WITHIN ROAD R!W (EASEMENT LENGTH = ±783.5') Douaias Road SITE NW 114 32.38.03 > C m 7 1 � 4 1 � VICINITY MAP NOT TO SCALE LINE TABLE LINE NO. BEARING LENGTH L1 N89'32'40"E 22590' L2 S00'26'34"E 634.10' L3 S891161011W 8.11, L4 NOO'25'07'W 603.55' L5 S88'56'13'W 217.15' L6 N00°26'34-W 32,09' L7 SOO'26'20"E 160.00' L8 S89°1TO2'W 5.17' L9 N00°25'07"W 180.00' L10 N69"iT02"E 5.10, CORNER, NOTES: THIS DRAWING WAS PREPARED FOR THE LIMITED USE OF INDIANA MICHIGAN POWER COMPANY FOR EASEMENT PURPOSES T ONLY AND 15 NOT INTENDED TO REPRESENT A COMPLETE SURVEY OF THE PROPERTY, ROAD RIGHT OF WAY WIDTHS ARE SHOWN PER INFORMATION OBTAINED FROM THE COUNTY OR STATE DEPARTMENT OF TRANSPORTATION UNLESS OTHERWISE NOTED. ADJOINING LAND OWNERSHIP INFORMATION WAS OBTAINED FROM THE ST. JOSEPH COUNTY GIS SYSTEM ON THE ORIGINAL EXHIBIT DATE. NO ADDITIONAL VERIFICATION HAS BEEN PERFORMED BY THE SURVEYOR. BEARINGS SHOWN HEREON ARE BASED ON THE INDIANA STATE PLANE COORDINATE SYSTEM. EAST ZONE, U.S. SURVEY FEET, LEGEND P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING P,O,R. POINT OF REFERENCE AARON D. SMITH DATE R.P.T. REFERENCE POINT TIE -DOWN LS-21900006 - . - RIGHT OF WAY LINE -RPN- ROAD RIGHT OF WAY LINE SURV PROJ. #: 210499 -PIL- PROPERTY LINE LINE NAME: SOUTH BEND - WEST SIDE 0 NEW EASEMENT AREA LINE NUMBER: TLN120:92181 CZ ZlZ1� EASEMENT AREA RELEASED EASEMENT NUMBER- 63 OVERLAPPING EASEMENT AREA INDIANA MICHIGAN POWER COMPANY 13WIGHTMAN AN EASEMENT ACROSS THE LANDS OF CITY OF SOUTH BEND CIO CITY CONTROLLER BENTON HARBOR KALAMAZOO ALLEGAN ROYAL OAK 269.927.0100 269.327.3532 269.673.8465 248.791.1371 t0.295 OF AN ACRE www.gowighfman,com SITUATED IN THE STATE OF INDIANA, COUNTY OF ST. JOSEPH, CLAY TOWNSHIP, SECTION(S) 32. T 38 N, R 3 E DRAWN BY: TLK CHECKED BY: BJB SCALE: 1"=200' DATE: 01/28/2022 REVISED: 03/25/2022 FILE: SHEET 1 OF 1 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 2/21 /2023 Name Jenna Throw Department Legal BPW Date February 28, 2022 Phone Extension Ext. 9354 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Required. for 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: xn 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 American Electric Power ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No ❑❑ WBE Completed E-Verify Form Attached ❑❑ Nos NA NA N/A As attached Easement 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: