HomeMy WebLinkAboutExclusive Municipal Sanitary Sewer Easement - Mike's Carwash – 4502 S. Michigan Street LLCCROSS REFERENCE: Deed recorded as/at , recorded in
the office of the Recorder of St. Joseph County, Indiana
EXCLUSIVE MUNICIPAL SANITARY SEWER EASEMENT
PURSUANT TO IC 32-23-2-5
THIS EXCLUSIVE MUNICIPAL SANITARY SEWER EASEMENT is made this 25th.
day of July , 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:
1. 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.
9. Grantor and Grantee acknowledge the existence of that certain right-of-way agreement
dated November 20, 1944, and filed for record on November 21, 1944, in Book 380 Page
338, in the Office of the St. Joseph County Recorder, State of Indiana, as affected by that
certain release dated July 19, 1945, and filed for record July 27, 1945, in Miscellaneous
Book 84 Page 283, in the Office of the St. Joseph County Recorder, State of Indiana
(collectively, the "Pipeline Easement"), which burdens the Property. Notwithstanding
anything herein to the contrary, the rights granted to Grantee herein are subject and
subordinate to the rights of the holder of the Pipeline Easement and Grantee shall have no
right to utilize any portion of the land burdened by the Pipeline Easement without the
prior written consent of the holder of the Pipeline Easement.
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
By: Dahm Holdings, LLC
Its: Sole Member
By:
Name:
Its:
Joseph Dahm
Operating Manager
STATE OF OHIO )
) SS
COUNTY OF HAMILTON )
The foregoing instrument was acknowledged before me this day of
, 20235 by Joseph Dahm, Operating Manager of DAHM HOLDINGS, LLC,
an Indiana limited liability company, the sole member of 4502 SOUTH MICHIGAN STREET,
LLC, an Indiana limited liability company, on behalf of such entity.
(NOTARY SEAL)
Notary Public — State of Ohio
Print Name:
My Commission Expires:
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GRANTEE:
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
v�
Jordan V. Gathers, Member
I
Attest: Theresa M. Heffner, Clerk
Date: July 25, 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 C�5 day of U , 20J3
My Commission Expires: t
M o► c h 3, '?o Nota Public 0
My County of Residence: LCAVl i �• �d� 5 Ile
�)+ • T6 5 e V�) _ Printed
LAURA:. HENSLEY
Notary PARC - Seal
St Joseph County - State of Indiana
-4- Commission Number MP0732150
My Commission Expires Mar 3, 20I9
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"
131
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�'%
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29800007
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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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Commission Number
223309
Date
February 8th, 2022
Sheet
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4502 SOUTH MICHIGAN —5 a .C-1 5
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DOC. NO. 2022-03902 —2-T 53'
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Smitary Sewer Easement Exhibit
5(�,ALE: 1 = 50'
NORTH
S4"fl#4'?1YfSew4q1t Easement
6(h1hitflAl?
4502 S Michigan St, South Bead, 1WAM4146614
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: 7/18/2023
Name: Charlie Brach Department of Public Works — Engineering Division
BPW Date: 7/25/2023 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
Amount of ❑
El
Previous Amount
Current Percent of Change:
New Amount
Information
4502 South Michigan Street LLC
❑ Yes ❑ If Yes, Approved by Purchasing
❑ No
F] 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
The easement approved for the sanitary sewer at Mike's Carwash on
3/14/2023 will need to be rescinded and replaced with the attached easement
document. There is a pipeline easement that conflicts with the sanitary sewer
easement, so the language needed to be modified to address that.
For Change Orders
Increase
Decrease
Increase %
Decrease ( %)
Increase %
Total Percent of Change: Decrease ( %)
Time Extension Amount:
New Completion Date: