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Home My WebLink AboutUtility Easement - Robert Henry Facility- 3161 Youngs Ct.1316 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 October 22, 2024 Mr. Stephen R. Henry Robert Henry Corporation 404 South Frances St. South Bend, IN 46617 ldevens(kroberthenrycorp. com RE: Utility Easement — 3161 Youngs Ct. Water Main Easement Dear Mr. Henry: At its October 22, 2024 meeting, the Board of Public Works approved the above referenced easement. Please record the Easement documents and forward a copy of the recorded document to my attention. The Board of Public Works will rescind the approval if it is not received in 45 days. If you have any further questions, please call this office at (574) 235-9251. Sincerely, Is/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/hh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou CROSS REFERENCE: Deed recorded as/at , recorded in the office of the Recorder of St. Joseph County, Indiana 15' MUNICIPAL WATERMAIN EASEMENT THIS EXCLUSIVE MUNICIPAL WATERMAIN EASEMENT is made this 14th day of October 2024, by BMAC, LLC, 404 South Frances Street, South Bend, IN 46617. ("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 watermain pipelines and all underground and surface appurtenances thereto, ("Watermain") 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 -1- 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 Water Main 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. 1-Sin�trs ofojo,,ingage]ol -2- GRANTOR: BMAC, LLC By: Stephen R. Its: Partner By: � � �--, Name: Step er . Henry Its: Partner , STATE OF Indiana ) )SS COUNTY OF St. Joseph ) The foregoing instrument was acknowledged before me this 141, day of October 2024, by Stephen R. Henry, Partner of BMAC, LLC, an Indiana limited liability company, on behalf of such entity. ey Notary publi , Stta eVens of Indiana St. ;SEAL _S Joseph County Commission Number NP0749763 My Commission Expires June 26, 2031 (NOTARY SEAL) Notary bli — tate of Indiana Print Name: Wv-�dszu _bucos My Commission Expires: I De CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member -3- �N i Joseph R. Molnar, Vice President �M-9 Briana Micou, Member r�1_14 Attest: Theresa M. Heffner, Clerk Date: October 22, 2024 w z J 40.00' - 04 w z J w z J w z 80.00' J ROBERT HENRY CORPORATION EASEMENT EXHIBIT A GI \ O O 40.00' o Wo R/W LINE \ R/W LINE o 0 MARY COT (60.0' R/W) R LINE L'I R/W LINE F N -DM- \— FD. CAPPED 0307 -0.2' (HELD) I IS 0 100' 200' 300' SCALE 1" = 100' B \ A \ \ C \ E FD. CAPPED 0307 Wo -0.3' (HELD) D 6 FD. CAPPED 0307 �O \ o -0.1' (HELD) \ B R W LINE \ \ Id � C4 0 0 O LINE YOUNGS COUnZ, i60.0, \ \IJ FD. CAPPED \ CD 0307 -0.2' gyp\ R�(HELD) pp. LEGEND: OA PROPOSED 15' WATERMAIN EASEMENT OEXISTING 25' DRAINAGE EASEMENT O100' I&M EASEMENT CAUSE NO. 95361 SUPERIOR COURT OD 15' UTILITY & DRAINAGE EASEMENT OE 10' NON -ACCESS EASEMENT ODRAINAGE DETENTION EASEMENT DANCH, HARNER & ASSOCIATES, INC. 1643 COMMERCE DRIVE SOUTH BEND, IN. 46628 (574) 234-4003 ATTN: MICHAEL DANCH LINE BEARING DISTANCE L1 M N 89'54'45" E 171.65' L1 R N 89`37'03" E 171.65' L2 M S 34°52'22" E 743.02' L2 R S 35' 10' 16" E 743.08' L3 M S 41'33'31 " W 22.44' L3 R S 41°29'08" W 22.45' L4 M S 89'54'24" W 167.42' L4 R S 89°37'03" W 167.35' L5 M N 00'04'42" W 503.07' L5 R N 00`22'57" W 503.06' CURVE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH C1 M 25.00' 37.17' S 84°27'33" W 33.84' C1 R 25.00' 37.17' S 84°04'38" W 33.84' C2 M 630.00' 407.42' N 71°33'57" W 400.35' C2 R 630.00' 407.40' N 71°51'25" W 400.34' ftnclt, I,larner &Amoctate6, Ina Land Surveyors • Professional Engineers LVN Landscape Architects • Land Planners Office: (574)234-4003 / (800)594-4003 Fax: (574)234-4119 1643 COMMERCE DRIVE • South Bend, IN 46628 0 Copyright 2011 Danch, Horner & Associates, Inc. 0 Copyright 2011 Danch, Horner & Associates, Inc. Date: 10/14/2024 Name: Gemma Stanton Department of Public Works — Engineering Division BPW Date: 10/22/2024 Phone Extension: 9083 Required Prior to Submittal to Board BPW Attorney Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Re uired or 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 ❑ Other: M Ease./Encroach Information Company or Vendor Name Robert Henry Corporation ❑ Yes❑ If Yes, Approved by Purchasing New Vendor ❑ No MBE] Yes MBE/WBE Contractor ❑ E Completed E-Verify Form Attached ❑ No Project Name Robert Henry Facility 3161 Youngs Ct Project Number DP23-038 Funding Source N/A Account No. N/A Amount N/A Terms of Contract N/A Purpose/Description Easement for public water main along Renewable Energy Drive through private property at 3161 Youngs Ct. For Change Orders Only Amount of Increase $ Previous Amount ❑ Decrease Current Percent of Change New Amount Increase Decrease Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: