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Home My WebLink AboutExclusive MC Sewer Main Easement - 851 Marietta St. Proj No. DP22-03 – HP Marietta Storage, LLC1316 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 June 13, 2023 Mr. James Randolph Holladay Manager, LLC 3454 Douglas Rd., Suite 250 South Bend, IN 46635 JRandolph(kholladaypropertie s. com RE: Exclusive Municipal Combined Sewer Main Easement Dear Mr. Randolph: At its June 13, 2023 meeting, the Board of Public Works approved the above referenced easement for the Exclusive Municipal Combined Sewer Main Easement for Combined Sewer Main Running along the property at 851 Marietta St., Project No. DP22-035. Enclosed please find the original of the easement for your Notarized signature. Please sign and return the original easement to lhensley&southbendin.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 EXCLUSIVE MUNICIPAL COMBINED SEWER MAIN EASEMENT PURSUANT TO IC 32-23-2-5 THIS EXCLUSIVE MUNICIPAL COMBINED SEWER MAIN EASEMENT is made this 13th. day of June, 2023, by HP Marietta Storage, LLC, 3454 Douglas Road, Suite 250, South Bend, Indiana 46635 ("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 City of South Bend, 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, reconstruct, inspect and/or remove one or more underground sewer main and all underground and surface appurtenances thereto, ("Sewer main") in, through, over and across a portion of the Property (the `Basement Area"). 2. Subject to Grantor's right to secure the Property with perimeter fencing, 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. If and when Grantee makes any necessary maintenance, supplemental, repair or reconstruction 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 promptly restore any property damaged by the performance of any such work to a condition equal or superior to that existing prior to Grantee exercising its rights under this easement. 4. Subject to Grantor's right to secure the Property with perimeter fencing, 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. The Grantor agrees to allow existing connections which connect to the sewer main subject to and located within the Easement Area to remain, be operated and maintained by the respective users thereof. 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 or impact the rights granted to Grantee through this Easement. 7. 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. HP Marietta Storage, LLC By: Holladay Manager, LLC Its: Manager Timothy E. Healy, 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 Timothy E. Healy, as Manager of Holladay Manager, LLC the Manager for HP Marietta Storage, 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 day of , 20. My Commission Expires: My County of Residence: Notary Public Printed CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member STATE OF INDIANA ) SS: COUNTY OF ST JOSEPH ) Joseph R. Molnar, Vice President �l� Jordan V. Gathers, Member Attest: Theresa M. Heffner, Clerk Date: June 13, 2023 Before me the undersigned, a Notary Public in and for said County and State, personally appeared Elizabeth Maradik, Joseph Molnar, Gary Gilot, Jordan Gathers, and Murray Miller 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 i"da�, of LA P) 20 My Commission Expires: LAURA D. HENSLEY Public Notary Public - Seal E ph County - State of IndianaMy County of Residence: ission Number NP0732150mission Expires Mar 3, 2029 Printed Exhibit "A" AN EASEMENT LOCATED IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT R OF MONROE-SAMPLE REPLAT, AS RECORDED IN DOCUMENT #9002533; THENCE NORTH 00' 31' 26" WEST, (BASIS OF BEARINGS), ON THE WEST LINE OF SAID LOT R, A DISTANCE OF 583.22 FEET MORE OR LESS TO THE NORTHWEST CORNER OF SAID LOT R; THENCE NORTH 89°43'40" EAST, ON THE NORTH LINE OF SAID LOT R, A DISTANCE OF 15 FEET; THENCE SOUTH 00°31'26" EAST, PARALLEL TO THE WEST LINE OF SAID LOT R, A DISTANCE OF 580.90 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID LOT R, AND THE BEGINNING OF A NON -TANGENT CURVE; THENCE SOUTHWESTERLY, ON SAID CURVE, CONCAVE TO THE NORTH, HAVING A DELTA ANGLE OF 00039' 19" AND A RADIUS OF 1327.39 FEET, AN ARC DISTANCE OF 15.18 FEET TO THE POINT OF BEGINNING. EASEMENT CONTAINS 0.20 ACRES, MORE OR LESS. TO WHOM IT MAY CONCERN: 1. EASEMENT IS SUBJECT TO ALL LEGAL EASEMENTS, COVENANTS, RESTRICTIONS, AND GOVERNMENTAL RULES AND REGULATIONS. 2. EASEMENT IS SUBJECT TO A PUBLIC ROAD OFF THE ENTIRE SOUTH SIDE. SERA SOUTH BEND, LLI DOC.,¢� 2020-26299 \� 0. W M 0% N ^I E� U Y •o 0. 7 / Lu J # V v 0. U O Wh a0 I LH �p O �O � Z Q 0 MONROE - SAMPLE REPLAT DOC.* 9002533 LOT R o Il II 15.0' % �c I I SEWER EASEMENT IIIII II ch QIlk I I I I U 'Z6, Q .. W / WATER VALVE FIRE HYDRANT i UTILITY POLE GAS METER _T \N �� ys O SANITARY MANHOLE 1 x FENCE GAS LINE W WATER LINE 5 SANITARY SEWER LINE NOTE: THIS SKETCH IS NOT A BOUNDARY SURVEY AND IS NOT A DOCUMENT OF TITLE TRANSFER. RECORDED EASEMENTS O = INDANA & M/CH164N ELECTRIC COMPANY, DISRNBURON EASEMENT, DOCUMENT] 8413300. O = NORTHERN INDMNA PUBLIC SERVICE COMPANY, EASEMENT FOR GAS MAINS, DOCUMENT, 8704938. INDMNA & MICHIGAN ELECTRIC COMPANY, O3 DISTRIBU77ON EASEMENT, DOCUMENT, 8704939. O = /NORNA CABLEVISION CORPORA77ON, DOCUMENT,• 8704940. O = HARDSCRABBLE, INC., INGRESS/EGRESS EASEMENT, DOCUMENT, 9352864. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 5/30/2023 Name: Charlie Brach Department of Public Works — Engineering Division BPW Date: 6/13/2023 Phone Extension: 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 HP Marietta Storage, LLC ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No F] MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Nos 851 Marietta DP22-035 N/A PR4k9-# N/A N/A N/A N/A Exclusive Municipal Combined Sewer Main Easement for combined sewer main running along the property line at 851 Marietta. 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: