HomeMy WebLinkAboutExclusive Municipal Sanitary Sewer Easement - Access 4502 S. Michigan – Mike’s Carwash1316 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
March 14, 2023
Mr. Trent Bauer
4502 South Michigan Street, LLC
100 Northeast Dr.
Loveland, OH 45140
RE: Exclusive Municipal Sanitary Sewer Easement
Dear Mr. Bauer:
At its March 14, 2023 meeting, the Board of Public Works approved the above
referenced easement to access the sanitary sewer main at 4502 S. Michigan St., Project No.
DP22-006.
Enclosed please find the original of the easement for your notarized signature. Please
sign and return the original easement to lhensleyksouthbendin.gov. Once we receive this back,
it can be recorded with the St. Joseph County Recorder's Office.
If you have any further questions, please call this office at (574) 235-9251.
Sincerely,
/s/ Theresa Heffner
Theresa Heffner, Clerk
Enclosures
TH/lh
ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER
CROSS REFERENCE: Deed recorded as/at , recorded
the office of the Recorder of St. Joseph County, Indiana
EXCLUSIVE MUNICIPAL SANITARY SEWER EASEMENT
PURSUANT TO IC 32-23-2-5
in
THIS EXCLUSIVE MUNICIPAL SANITARY SEWER EASEMENT is made this 14th.
day of March , 2023, by 4502 South Michigan Street, LLC, 100 Northeast Drive
Loveland, OH ("Grantor") and City of South Bend, Indiana, a municipal corporation and
political subdivision of the State of Indiana, by and through its Board of Public Works, 227 W.
Jefferson Boulevard, South Bend, Indiana 46601 ("Grantee").
NOW, THEREFORE, for and in consideration of good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
Grantor desires and hereby grants to Grantee, its successors and assigns, a permanent
exclusive perpetual easement to enter, reenter, occupy and use the property situated in the
County of St. Joseph, State of Indiana, and more fully described in Exhibit A and
depicted in Exhibit B, attached hereto and incorporated herein by reference (the
"Property"), to maintain, operate, supplement, repair, enlarge, reconstruct, relocate,
inspect and/or remove one or more underground sanitary sewer pipelines and all
underground and surface appurtenances thereto, ("Sewer Facility") in, through, over and
across a portion of the Property (the "Easement Area").
2. Grantee shall have and may exercise the right of ingress and egress in, to, over, through
and across the Easement Area and over the adjacent Property of Grantor, for any purpose
needful for the full enjoyment of any other right of occupancy or use provided for herein.
3. If and when Grantee makes any necessary maintenance, supplemental, repair,
enlargement, reconstruction, or relocation work hereunder, Grantee shall perform such
work in a good and workmanlike manner, and such work shall be done expeditiously so
as not to unreasonably interfere with or hinder the use and enjoyment of the Easement
Area by any person or entity having a right to use the Easement Area. Grantee shall
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promptly restore any surfaces damaged in conducting any such work to a condition equal
or superior to that existing prior to Grantee exercising its rights under this easement.
4. Grantor shall neither cause nor permit the construction or placement of any structure or
building on any part of the Easement Area, so as to interfere with Grantee's full
enjoyment of occupancy or use provided for herein.
5. The Grantor agrees to allow existing connections to remain, be operated and maintained
by the users, and to allow new connections from adjacent properties upon expansion of
the Sewer Facility or subdivision of the adjacent land, or similar circumstances.
6. The rights and privileges granted herein by Grantor to Grantee are exclusive. Grantor will
not convey to any other party any conflicting easement right or interest within the
Easement Area. This covenant shall not prevent Grantor from using, or granting
easements, rights or interests to others for the use of the Property for other utility lines,
pipes or facilities, or for roadway, street, parking or driveway purposes, or any other use,
easement, right or interest that is not in conflict with Grantee's use.
7. Grantor warrants that it has full right and lawful authority to make the grant herein
contained, that the Grantee shall have quiet and peaceable possession, use and enjoyment
of the easement and that the Grantor shall execute such further assurances thereof as may
be required.
8. The easement hereby granted, the restrictions herein imposed, and the agreements herein
contained shall be easements, restrictions and covenants running with the land and shall
inure to the benefit of, and be binding upon, the parties hereto and respective, heirs,
successors, assigns, and transferees, including, but not in limitation, to all subsequent
owners of said real estate and persons claiming under them.
IN WITNESS WHEREOF, the Grantor or the duly authorized representative(s) of
Grantor have hereunto set his/her/their hand(s) and seal on the day and year first written.
[Signatures on following page]
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GRANTOR:
4502 SOUTH MICHIGAN STREET, LLC
Trent Bauer, Construction Manager
STATE OF INDIANA )
) SS:
COUNTY OF ST JOSEPH )
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Trent Bauer, Construction Manager for 4502 South Michigan Street, LLC, located in
St. Joseph County, Indiana, and who acknowledged the execution of the foregoing easement as
their free act and deed.
WITNESS, my hand and Notarial Seal this
My Commission Expires:
My County of Residence:
day of
Notary Public
Printed
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20 .
GRANTEE:
CITY OF SOUTH BEND, 1NDIANA
BOARD OF PUBLIC WORKS
�4
Elizabeth A. Maradik, President
Gary A. Gilot, Member
Murray L. Miller, Member
STATE OF INDIANA )
) SS:
COUNTY OF ST JOSEPH )
t-�ZP1
Joseph R. Molnar, Vice President
�n
Jordan V. Gathers, Member
Attest: Theresa M. Heffner, Clerk
Date: March 14, 2023
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Elizabeth Maradik of the City of South Bend Board of Public Works, and who
acknowledged the acceptance of the foregoing easement.
WITNESS, my hand and Notarial Seal this )g4hday of ffij k , 2Q3.
My Commission Expires:
.. M A r c k 3, k Notdry Public
My County of Residence:
5+ - 7 -S
LAURA D. HENSLEY
Notary Public - Seal
St Joseph County - State of Indiana
Commission Number NP0732150
My Commission Expires Mar 3, 2029
Printed
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I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social
Security number in this document. Michael J. Schmidt
This instrument prepared by: Michael J. Schmidt, 1200 County -City Building, 227 West
Jefferson Boulevard, South Bend, Indiana 46601. License No. 28857-71.
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EXHIBIT "A"
Sanitary Sewer
al Description:
AN EASEMENT FOR SANITARY SEWER UPON AND OVER A PORTION OF THE LANDS OF
4502 SOUTH MICHIOAN STREET LLC AS RECORDED IN DOCUMENT NUMBER
2022-051102 WITHIN THE RECORDS OF THE RECORDER OF 57. JOSEFH COUNTY,
INDIANA AS SITUATED IN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 57
NORTH, RANGE 2 EAST, ST. JOSEFH COUNTY, INDIANA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT:
TO ARRIVE AT THE POINT OF BEOINNINO, COMMENCE AT THE INTERSECTION OF THE
EAST LINE OF MICHIOAN ROAD WITH THE NORTH LINE OF THE SOUTHWEST QUARTER
OF SAID SECTION 25; THENCE SOUTH 4 DEOREES 44 MINUTES 55 SECONDS WEST
(BEARINOS BASED UPON INDIANA STATE PLANE GOORDINATE ZONE EAST OEODETIG
ORID) ALONG THE EASTERLY LINE OF MIGHIOAN ROAD, A DISTANCE OF 550 FEET;
THENCE NORTH 88 DEOREES 44 MINUTES 45 SECONDS EAST ALONG THE SOUTH LINE
OF SAID LANDS OF 4502 SOUTH MIGROAN STREET LLG. AND THE WESTERLY
FROJEGTION THEREOF, A DISTANCE OF 225.6e, FEET TO THE SOUTHEAST CORNER OF
SAID LANDS OF 4502 SOUTH MIGHIOAN STREET LLG AND THE FOINT OF BEOINNINO
INITIALLY REFERRED TO; THENCE NORTH O DEOREES 42 MINUTES OI SECONDS EAST
ALONG THE EAST LINE OF SAID LANDS OF 4502 SOUTH MIGROAN STREET LLG, A
DISTANCE OF 55.1:15 FEET; THENCE NORTH I DEGREE 55 MINUTES 22 SECONDS WEST,
A D 157ANGE OF 254.58 FEET TO THE NORTH LINE OF SAID LANDS OF 4502 SOUTH
MICHIOAN STREET LLG AS SITUATED ON THE SOUTH 40 FOOT RIOHT OF WAY OF
IRELAND ROAD; THENCE SOUTH 88 DEOREES 4I MINUTES OI SECONDS WEST ALONG
THE LINES AFORESAID, A DISTANCE OF 50.00 FEET; THENCE SOUTH I DEGREE 55
M NUTES 22 SECONDS EAST, A DISTANCE OF 288.47 FEET TO THE SOUTH LINE OF
THE LANDS OF SAID 4502 SOUTH MICHIOAN STREET LLG; THENCE NORTH 88
DEOREES 44 MINUTES 45 SECONDS EAST ALONG SAID SOUTH LINE, A DISTANCE OF
27.55 FEET TO THE POINT OF BEOINNINO.
CONTAINING 8588 SQUARE FEET OR OJI:77 AGREE OF LAND, MORE OR LESS.
Commission Number S41flj
a/, Sewer E44semenf
223309 //
Date
Februetary 8th, 2022 Legal Pe-foriptimt
Sheet
SS 4502 S Michigan St, South Bend, Indiana 46614
° P\ST4�oF�'%
i No. + i
29800007
o STATE OF
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Todd R. Bauer, FS No. 2,f800007
told@4sito biz
ForeSight Consulting, LLC
Professional Engineers & Surveyors
1910 St. Joe Center Road, Suite #51
Fort Wayne, Indiana 46825
260.484.9900 phone
260.484.9980 fax
wwwAsite.biz
EXPERIENCE. INNOVATION. RESULTS.
EXHIBIT "B"
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C.L. IRELAND ROAD t RI W VARIES)
For -
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I 4502 SOUTH MICHIOAN
I STREET LLC Ngg 044'45 "F-
DOC. NO. 2022-03902 —2-T 53'
Commission Number
223309
Date
February 8th, 2022
Sheet
SS 1.1
I N88 ° 44'45 T
3,1flitary Sewer Essetr ent Exhibit
5oALE: 1 = 50'
NORTH
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Saflitary Sewer Ease, Meflt
ExhibitMg?
4502 S Mieiliq m St, Sotith Rend Imlioro 46614
ForeSight Consulting, LLC
Professional Engineers & Surveyors
1910 St. Joe Center Road, Suite #51
Fort Wayne, Indiana 46825
260.484.9900 phone
260.484.9980 fax
www.4site.biz
EXPERIENCE. INNOVATION. RESULTS.
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date: 3/3/2023
Name: Charlie Brach Department of Public Works — Engineering Division
BPW Date: 3/14/2023 Phone Extension: 9246
Required Prior to Submittal to Board
BPW Attorney X Attorney Name Michael Schmidt
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
I-1 Other: 71 Ease./Encroach
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Special Contract Provisions
Purpose/Description
Information
4502 South Michigan Street LLC
❑ Yes ❑ If Yes, Approved by Purchasing
❑ No
F1 MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Nos
Mike's Carwash Sanitary Sewer Easement
DP22-006
N/A
PR4k9-# N/A
N/A
N/A
N/A
Exclusive Sanitary Sewer Easement for a City sanitary sewer main that runs
through the Mike's Carwash property at 4502 South Michigan Street.
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: