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Home My WebLink AboutEasement & ROW - 20 Ft. Easement Wall St. Potawatomi Zoo – Indiana Michigan Power CompanyEASEMENT & RIGHT OF WAY Easement No. IN231007-R Map No. 575 Parcel ID No. 71-09-07-476-002.000-026 THIS INDENTURE, made by and between THE CITY OF SOUTH BEND, acting by and through its Board of Public Works, whose address is County -City Building, 227 W. Jefferson Blvd., Suite 1300 N, South Bend, Indiana 46601 (hereinafter referred to as "GRANTOR"), and INDIANA MICHIGAN POWER COMPANY, an Indiana Corporation, whose post office address is P.O. Box 60, One Summit Square, Fort Wayne, Indiana 46801 ("GRANTEE"). WITNESSETH, that for One ($1.00) Dollar and other good and valuable consideration in hand paid, the receipt and sufficiency of which Grantor hereby acknowledges, Grantor does hereby grant and convey to Grantee a TWENTY (20') FOOT EASEMENT AND RIGHT-OF-WAY (see Exhibit "A" attached hereto for the specific dimensions and location identification) for the construction, operation, use, maintenance, repair, renewal, and removal of underground lines and appurtenant facilities and equipment for the transmission of electrical energy and for communication purposes, including the right to permit attachments of others to said facilities, in, on, along, under, over, across, and through the said easement, which easement is located on the following described REAL ESTATE, to -wit: A parcel of land in the Southeast Quarter of Section 7, Township 37 North, Range 3 East, situated in Portage Township, St. Joseph County, Indiana, and more particularly described as follows: The Southeast Quarter of the Southeast Quarter of Section 7, Township 37 North, Range 3 East, the property being commonly known as "Old Fair Grounds" situated between the cities of Mishawaka and South Bend, Indiana. Being the same (or a part of the same) property conveyed to THE CITY OF SOUTH BEND, by Warranty Deed dated March 8, 1954, recorded in Book 528, on Page 136, on May 28, 1954, and as Document Record DBO528-0136 in the Office of the Recorder of St. Joseph County, Indiana. TOGETHER with the right of ingress and egress to, from, and over said premises, and the right to cut, trim, or remove vegetation that may endanger the safety or interfere with the construction, maintenance, or use of appurtenant facilities. GRANTEE shall promptly repair or replace all physical damage on the premises proximately caused by the construction, operation, and maintenance of Grantee's facilities. GRANTOR warrants that no structure or building shall be erected upon said easement. AFTER the completion of said system, the Grantor reserves the full use of the land which is not inconsistent with the existence and maintenance of said facilities but does agree not to change elevation or grade within the area of said easement without the written prior consent of Grantee. IT IS AGREED that the foregoing is the entire contract between the parties hereto, and that this written agreement is complete in all its terms and provisions and shall be binding on their respective representatives, heirs, successors, and assigns. THE UNDERSIGNED PERSON executing this document on behalf of Grantor represents and certifies that he is duly authorized and has been fully empowered by the Grantor to execute and deliver this document; that Grantor has full capacity to convey the real estate described herein; and that all necessary action for the making of such conveyance has been taken and done. IN WITNESS WHEREOF, the Grantor has hereunto set his/her hand and seal. THE CITY OF SOUTH BEND, by and throu hits Board of Public Works a - ao a DATED: � Y BY: Qkk EuZ iza l.{steAp►y� , its tef Per�,�Da-LT (Please print your name and title on this line exactly as signed above.) NOTARIZATION FOR GRANTORS) SIGNATURE STATE OFf/l J SS. COUNTY OF Before me, a Notary Public in and for said County and State, on Vy I (AV s , 202� personally appeared E€ i Z Glrs P 5i� MGiLf il, . the Director of the Board of Public Works of THE CITY OF SOUTH BEND, acting by and through its Board of Public Works, and acknowledged execution of the foregoing document for and on behalf of said Grantor, and who, having been duly sworn, stated that the representations therein contained are true. WITNESS my hand and Notarial Seal. LA=NP07321 f filic N ry Public, l..q (Arc,- �• St J diana —� Commissio2150 Zos('nti County, `� ,�r'ldjr� tx State My Commiss, 2029 My C My Expires: M cI r My Commission Number: 1.4 0 (1 ?' ! D I affirm, under the penalties for perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law. Kristen Fickel Prepared by: Kristen Fickel, Right of Way Agent Assoc., AEP — Indiana Michigan Power Company, 2929 W. Lathrop, South Bend, IN 46628 574.283.1877 AEP XFMR N.T.S. N E S n Existing AEP XFMR X 260-3218 to S Greelawn Ave 496' Easement IN231007-R R 84048717 DIM0220420 00260 - 1403, 1435, & 3242 Existing AEP XFMR 260-1435 0� Existing Easement Exhibit "A" IN 161012 Easement IN231007-R Map 575 PIN 71-09-07-476-002.000-026 \ Grantor City of South Bend Existing AEP Pole Zoo Parking Lot \ 261-226 \ -- 615' \, '•\ EPCabinet 260-3242 227' / \ \ 20' wide One Way from Wall St 235' \ \,- / 464 '\ Address: 2000 Wall St South Bend, IN 46615 County: St. Joseph Section: 13 Work Request: 84048717 Township: Portage TWP #: 37 N Work Order: DIM0220420 State: Indiana Range: 3 E Pole #: J261-226 Easement#: IN231007 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 5/14/20204 Name Leslie Biek, PE Department PW BPW Date 5/28/2024 Phone Extension 9323 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: R 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 Indiana Michigan Power Comoanv ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No ❑ MBE Completed E-Verify Form Attached ❑ WBE Easement for I&M at Potawatomi Zoo Parkins Lot ❑ Yes ❑ No Twenty foot easement located at 2000 Wall St around the Potawatomi Zoo Parking Lot as shown in the attached documents. For Chance Orders Onl 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: