HomeMy WebLinkAboutUtility Easement - Authorizing Permanent Utility Easement - University of Notre Dame1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/235-9251
FAx 574/235-9171
CITY OF SOUTH BEND TAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
May 23, 2023
Mr. Richard Bellis
University of Notre Dame du Lac
rbellisknd.edu
RE: Utility Easement
Dear Mr. Bellis:
At its May 23, 2023 meeting, the Board of Public Works approved the above
referenced easement for authorizing permanent utility easements for University of Notre Dame
(Landings Development).
Enclosed please find a copy of the easement for your records.
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
20233®1125 5
RECORDED AS PRESENTED ON
05/2.3/Z023 03:45 PM
MARY BETH WISNIEWSKI
ST. JOSEPH COUNTY
RECORDER
PGS: 7 PEES: 25.00
GRANT OF PERMANENT EASEMENTS FOR UTILITIES
THIS INDENTURE made this 23rd. day of May, 2023, by and between University of Notre
Dame du Lac (Grantor), and the City of South Bend, Indiana, through its Board of Public Works
(Grantee), in favor of the City of South Bend, its officers, employees, contractors, consultants,
successors and assigns.
WITNESSETH:
That the Grantor hereby grants, conveys, and warrants to Grantee 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, a water main system and municipal utility lines (The System),
together with the right of ingress to and egress from said permanent easements for the purpose
of installing, construction, operation, maintaining, adjusting, replacing, repairing, altering,
removing, and modernizing said System and other equipment or facilities indolent thereto, in,
upon, over and under the following described real estate in St. Joseph County, State of Indiana,
briefly described as follows:
PERMANENT UTILITY EASEMENTS LOCATED IN THE AND SOUTHWESTAND SOUTHEAST
QUARTERS OF SECTION 25, TOWNSHIP 38 NORTH, RANGE 2 EAST, CLAY TOWNSHIP,
ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARYLY DESCRIBED AS
FOLLOWS:
MUNICIPAL WATER EASEMENT LEGAL DESCRIPTION:
A PARCEL OF GROUND LOCATED IN THE SOUTHWEST AND SOUTHEAST QUARTERS
OF SECTION 25, TOWNSHIP 38 NORTH, RANGE 2 EAST, CLAY TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS: COMMENCING
AT THE NORTHEAST CORNER OF LOT #2 IN THE PLAT OF "DE GROVES 1ST ADDITION
TO THE TOWN OF ROSELAND" AS RECORDED IN THE RECORDS OF THE ST. JOSEPH
COUNTY INDIANA RECORDER'S OFFICE AND ALSO BEING THE SOUTHEAST TERMINUS
OF THE CRIPE STREET RIGHT-OF-WAY; THENCE NORTH 89°51'24" EAST ALONG THE
SOUTH RIGHT-OF-WAY LINE OF VACATED PORTION OF CRIPE STREET AS IDENTIFIED
IN ORDINANCE NO. 03-2018 OF THE TOWN OF ROSELAND, INDIANA, A DISTANCE OF
143.24 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00008'35" EAST, A
DISTANCE OF 96.54 FEET; THENCE NORTH 89050'28" EAST, A DISTANCE 534.96 FEET;
THENCE NORTH 00023'20" WEST, A DISTANCE OF 101.57 FEET; THENCE SOUTH
89050'28" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 0002320" WEST, A
DISTANCE 20.00 FEET; THENCE NORTH 89°50'28" EAST, A DISTANCE OF 10.00 FEET;
THENCE NORTH 00023-20" WEST, A DISTANCE OF 91.81 FEET; THENCE SOUTH 89°51124"
WEST, A DISTANCE OF 710.95 FEET; THENCE SOUTH 00°23'24" EAST, A DISTANCE OF
77.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF CRIPE STREET; THENCE SOUTH
89051'24" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 20.00 FEET;
THENCE NORTH 00023-24" WEST, A DISTANCE OF 97.00 FEET; THENCE NORTH
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89°51'24" EAST, A DISTANCE OF 266.48 FEET; THENCE NORTH 00°08'36" WEST, A
DISTANCE OF 44.00 FEET; THENCE NORTH 89°51'24" EAST, A DISTANCE OF 20.00 FEET;
THENCE SOUTH 00008'36" EAST, A DISTANCE OF 44.00 FEET; THENCE NORTH 89°51124"
EAST, A DISTANCE OF 205.05 FEET; THENCE NORTH 00°08'36" WEST, A DISTANCE OF
44.00 FEET; THENCE NORTH 89°51'24" EAST, A DISTANCE OF 20.00 FEET; THENCE
SOUTH 00008'36" EAST, A DISTANCE OF 44.00 FEET; THENCE NORTH 89°51'24" EAST, A
DISTANCE OF 289.47 FEET; THENCE NORTH 00023'20" WEST, A DISTANCE OF 585.36
FEET MORE OR LESS TO THE APPARENT NORTH RIGHT-OF-WAY LINE OF PENDLE
ROAD; THENCE NORTH 89°45'56" EAST (REC.) ALONG SAID NORTH RIGHT-OF-WAY
LINE, A DISTANCE OF 20.00 FEET; THENCE SOUTH 00023'20" EAST, A DISTANCE OF
924.21 FEET; THENCE SOUTH 89036'40" WEST, A DISTANCE OF 20.00 FEET; THENCE
NORTH 00023'20" WEST, A DISTANCE OF 318.90 FEET; THENCE SOUTH 89°51'25" WEST,
A DISTANCE OF 50.05 FEET; THENCE SOUTH 00023'20" EAST, A DISTANCE OF 233.38
FEET; THENCE SOUTH 89°50'28" WEST, A DISTANCE OF 534.96 FEET; THENCE SOUTH
00°08'35" EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 89°50'28" WEST, A
DISTANCE OF 20.00 FEET; THENCE SOUTH 00008'35" EAST, A DISTANCE OF 187.49
FEET; THENCE SOUTH 89°50'28" WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH
00008'35" WEST, A DISTANCE OF 20.00 FEET; THENCE NORTH 89°50'28" EAST, A
DISTANCE OF 10.00 FEET; THENCE NORTH 00°08'35" WEST, A DISTANCE OF 304.03
FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SAID VACATED PORTION OF CRIPE
STREET; THENCE NORTH 8905124" EAST, A DISTANCE OF 20.00 FEET TO THE POINT
OF BEGINNING.
CONTAINING 1.39 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL RIGHT-OF-WAY, EASEMENTS, AND RESTRICTIONS OF
RECORD.
MUNICIPAL SANITARY SEWER EASEMENT LEGAL DESCRIPTION:
A PARCEL OF GROUND LOCATED IN THE SOUTHWEST AND SOUTHEAST QUARTERS OF
SECTION 25, TOWNSHIP 38 NORTH, RANGE 2 EAST, CLAY TOWNSHIP, ST JOSEPH
COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT
THE NORTHEAST TERMINUS OF VACATED PORTION OF CRIPE STREET RIGHT-OF-WAY
AS IDENTIFIED IN ORDINANCE NO. 03- 2018 OF THE TOWN OF ROSELAND, INDIANA,
SAID POINTALSO BEING ON THE EAST CORPORATE TOWN LINE OF ROSELAND,
INDIANA; THENCE SOUTH 00°08'36" EAST ALONG THE EAST TERMINUS LINE OF SAID
VACATED PORTION OF CRIPE STREET AND SAID CORPORATE LINE, A DISTANCE OF
24.81 FEET; THENCE NORTH 89°51'24" EAST, A DISTANCE OF 222.65 FEET; THENCE
SOUTH 00023'20" EAST, A DISTANCE OF 20.00 FEET, THENCE SOUTH 89051,241, WEST, A
DISTANCE OF 232.73 FEET, THENCE NORTH 00-08'36" WEST, A DISTANCE OF 4.82 FEET
TO THE SOUTH VACATED RIGHT-OF-WAY LINE OF SAID VACATED PORTION OF CRIPE
STREET; THENCE SOUTH 89051'24" WESTALONG SAID SOUTH LINE, A DISTANCE OF
474.99 FEET TO THE SOUTHEAST TERMINUS LINE OF CRIPE STREET; THENCE NORTH
3
00015'46" WEST ALONG THE EASTERN TERMINUS LINE OF SAID CRIPE STREET, A
DISTANCE OF 40.00 FEET THE NORTHEAST TERMINUS OF SAID CRIPE STREET,
THENCE NORTH 89051'24" EAST ALONG THE NORTH RIGHT- OF -WAY LINE OF SAID
VACATED PORTION OF CRIPE STREET, A DISTANCE 457.77 TO THE POINT OF
BEGINNING.
CONTAINING 0.52 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL RIGHT-OF-WAYS, EASEMENTS, AND RESTRICTIONS OF
RECORD.
(See Exhibit "A" for easement locations)
EASEMENT PROVISIONS
(a) In connection with the exercise of the Easement and the other rights granted herein,
Grantee shall be permitted, non -exclusively, to enter in, on, and under the Grantor's real
property described above (the "Property') to install, operate, inspect, and repair the
System, provided that Grantee's work relating to the System (including any of the
foregoing described activities in connection therewith) shall not be performed until after
Grantee has provided Grantor with written notice of such proposed work.
(b) Grantee's construction and operation of the System shall be performed as
expeditiously as commercially reasonable and in accordance with good construction and
operational practices (including, without limitation, taking reasonable measures to prohibit
injury to person or damage to property).
(c) Grantee shall obtain all necessary permits and approvals for the construction,
installation, and maintenance of the System as required by applicable law.
(d) Subsequent to any entry on the Property pursuant to this easement, Grantee shall
restore the Property parcel to at least as good a condition and appearance as existed prior
to such entry. If Grantee does not restore the Property to such condition, Grantor may do
so at Grantee's expense.
(e) Grantee shall promptly discharge or cause to be discharged any mechanic's or
materialman's liens asserted against the Property.
2. Nsif yfe of Easernents and Rights. The Easement granted herein shall be
appurtenant to and run with the land and shall be binding upon and shall inure to the benefit
of the parties hereto and their transferees, successors and assigns.
4
3. Rjnhts Reserved. Grantor shall continue to enjoy the use of the Property for any
purpose which does not materially interfere with or prevent Grantee's use of the Property.
Grantor may grant other easements along, over, across, and through the Property
provided that such easements do not unreasonably interfere with Grantee's rights.
4. Indernnification. Grantee agrees to indemnify, defend and hold harmless Grantor,
its agents, servants, employees, trustees, officers, contractors, affiliates and
representatives, from any and all liability, loss, expense (including without limitation
reasonable attorneys' fees), damage, judgment or settlement which they or any of them
may suffer, sustain or incur as a result of any third party claims or demands asserted
against or incurred by or on behalf of Grantor, whether arising out of, occurring during,
or resulting from entry by such Grantee and its employees, representatives, agents
and contractors, onto the Property and the performance by Grantee of any of the
activities permitted pursuant to this Easement, with the sole exception of any such
liability, loss, expense, damage, judgment or settlement which is the result of or arises
out of the sole negligence of Grantor.
5. Attorneys' Fees. In the event of any controversy, claim or dispute relating to this
Easement, the prevailing party in a non -appealable judicial resolution of such
controversy, claim or dispute shall be entitled to recover from the losing party
reasonable expenses, attorneys' fees and costs.
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 Grantee and
expressly includes the right and privilege at reasonable times to clean and remove from said
easements such timber, brush, debris, or other obstructions interfering with City Utilities:
Water Main, Sewer Main, and Municipal Utility lines (The System).
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 a covenant 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.
5
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 Civil City of South Bend, Indiana, that it is lawfully
seized and possessed of the parcel of real estate hereinabove described; that it has good and
lawful right to convey, and that the property is free of all encumbrances that would conflict with the
right herein granted, except for easements held by any railroad or its successors in interest.
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 Easement for water, sanitary
sewer and municipal utility lines (The System) on the date shown on the acknowledgment set
forth herein.
GRANTOR:
UNIVERSITY OF NOTRE DAME DU LAC
By: Richard Bellis of the
University of Notre Dame du Lac
GRANTEE:
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Elizabeth A. Maradik, President
Gary A. Gilot, Member
Murray L. Miller, Member
Joseph R. Molnar, Vice President
t, =s,
Jordan V. Gathers, Member
Attest: Theresa M. Heffner, Clerk
Date: May 23, 2023
STATE OF INDIANA )
) SS:
ST JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for said County and State, personally
appeared Elizabeth A. Maradik, Murray Miller, Gary A. Gilot, Jordan V. Gathers, Joseph R. Molnar,
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 23rd day of May, 2023.
LAURA D. HENSLEY
Notary Public - Seal
St Joseph County - State of Indiana
Commission Number NP0732150
My Commission Expires Mar 3, 2029
My Commission Expires:
Notary Public
Resident of St. Joseph County,
Indiana
STATE OF INDIANA
ST JOSEPH COUNTY
Before me, the undersigned, a Notary Public in and for said County and State, personally
appeared the University of Notre Dame du Lac, by RICHARD BELLIS, its Associate Vice -
President for Finance, Treasury Services and acknowledged the execution of this Grant of
Easement as his voluntary act or deed.
WITNESS my hand and Notarial Seal this 16th day of May, 2023.
Indiana
My Commission Expires:
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Notary Public
Resident of St. Joseph County,
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I affirm, under the penalties for perjury, that I have taken resaip-0-1
are to redact each Social Sec
number in this document unless required by law: ►�= t4r0� Q. 4il S -ey
This instrument prepared John Lloyd (16784-71), 204 Maill Building, Notre Dame, IN 46560
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 5/16/23
Name Michael Schmidt Department Legal
BPW Date May 23, 2023 Phone Extension Ext. 5860
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 ❑
Michael Schmidt
Michael Schmidt
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: M Ease./Encroach
Information
Company or Vendor Name University of Notre Dame
New Vendor ❑ Yes❑ If Yes, Approved by Purchasing
® No
MBE/WBE Contractor ❑ ❑
MBE Completed E-Verify Form Attached ❑ Neos
Project Name Utility Easement for University of Notre Dame (Landings Development)
Project Number NA
Funding Source
Account No.
Amount N/A
Terms of Contract
Purpose/Description
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: