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HomeMy WebLinkAbout#2626- Deed; EASEMENT AGREEMENT Grandview SubdivisionF Fj l NopGhevn Indiana Pnbtic Set -rice Dormpann RIEPSCII \\ Corporate Headquarters / 5265 Hohman Avenue / Hammonv: Indiana 46320 /Ter 853 520012191 October 10, 1988 County of St. Joseph, Indiana Department of Public Works County -City Building, Room 732 South Bend, Indiana 46601 Attn: Mr. Robert J. Richardson, P.E. Dear Mr. Richardson: RECEIVED OCT 12 1988 ST. JOSEPH CO. DIV. OF ENG. Enclosed in duplicate for signature and acknowledgement are copies of an Easement Agreement between Northern Indiana Public Service Company (NIPSCO) and the City of South Bend Board of Public Works. This agreement is for the installation of a 24" sewer line on NIPSCO property. Upon your approval, please have both copies signed and notarized. Both copies must then be sent to my attention for execution by NIPSCO officers. Once this agreement has been completely executed, you may contact Mr. John R. Sovinski (A/C 219-284-2202) as NIPSCO's liaison regarding this project. If you have any questions or comments, please contact me. Respectfully, NORTHERN INDIANA PUBLIC SERVICE COMPANY FJH:ys Encl. cc: J. R. Sovinski (1/0) Frederic Hanak Property Mana ement Supervisor Ir: Out7CC'FDA4T'E' ' Engineer: _ T,C_3r, : I rtissi- i ruor: UT saia ioL at a point Teet from the southeast corner of said lot; thence Southerly 21.29 feet along the east line of said lot to the Point of Beginning and containing 453 square feet, more or less. See also Exhibit "A" attached hereto and made a part of the legal description. 1 EASEMENT AGREEMENT THIS AGREEMENT made this z� day of 1988, by and between NORTHERN INDIANA PUBLIC SERVICE COMPANY, an Indiana corporation, hereinafter referred to as "Northern Indiana", and The City of South Bend Board of Public Works, hereinafter referred to as "South Bend" WITNESSETH: WHEREAS, Northern Indiana is the owner of Lot #,16 in Grandview Subdivision to the County of St. Joseph, Indiana, which Lot is generally used by Northern Indiana for the transmission of high voltage electricity and for the transportation of gas, and WHEREAS, South Bend is desirous of constructing, installing, and maintaining a 24 inch sewer line through, across and on, said property. NOW, THEREFORE, for an in consideration of the mutual covenants and agreements of the parties hereinafter expressed, it is hereby agreed as follows: FIRST: Northern Indiana hereby grants, subject to the terms hereinafter set forth and to the extent that it has the right to do so, unto South Bend, Zts successors and assigns, an easement, with 'the right privileges and authority in South Bend, its successors and assigns, to enter upon, dig, lay, erect, construct, install, reconstruct, renew and to maintain, patrol, replace, and repair a 24 inch sewer line hereinafter referred to as "sewer line", in and on the property of Northern Indiana located in St. Joseph County, Indiana described as follows: A part of Lot 16 in Grandview Subdivision to the County of St. Joseph, Indiana, the plat of which is recorded in Plat Book 9, page 98 in the office of the Recorder of St. Joseph County, Indiana, more particularly described as follows: Beginning at the southeast corner of said Lot 16; thence Northwesterly 43.28 feet along the southwestern line of said Lot; thence Northeasterly 44.56 feet to the east line of said lot at a point 21.29 feet from the southeast corner of said lot; thence Southerly 21.29 feet along the east line of said lot to the Point of Beginning and containing 453 square feet, more or less. See also Exhibit "A" attached hereto and made a part of the legal description. -2- SECOND: (a) South Bend, shall submit to Northern Indiann its plans and specifications for the installation of the sewer lineand shall furnish any reasonable additional information concerning ae construction and installation of said sewer line from time t th requested by Northern Indianao time as . The construction, installation, maintenance and removal of said sewer line shall be accomplished in accordance with good engineering practices. The sewer line shall not interfere in any manner whatsoever with any other underground facilities of Northern Indiana or of any parties in place at the time that said sewer line is installed. In the installation of said sewer line, South Bend shall maintain a minimum distance of 24 inches between its sewer line and Northern Indiana's gas distribution line. Further, South Bend's sewer line will have a minimum of 8 feet of cover at its shallowest point. (b) South Bend shall use every reasonable precaution to prevent injury or damage to trees, shrubs, and fences now or at any time in the future upon, along or adjacent to said Lot. South Bend agrees to be responsible and pay for all damages to Northern Indiana's property caused by construction and maintenance or removal of said sewer line. (c) Notice shall be given by South Bend to Northern Indiana at least seventy-two (72) hours prior to beginning construction so that Northern Indiana may provide for adequate protection of its electrical lines and locate its gas pipeline for South Bend. (d) Whenever it becomes necessary to make any repairs or renewals to said sewer line such repairs or renewals shall be made at the sole expense of South Bend and in such a nature so as to interfere as little as possible with the property or business of Northern Indiana or of -any parties holding under Northern Indiana, and except in the case of emergency repairs or 'renewals, notice of the intent to make such repairs or renewals shall be given by South Bend to Northern Indiana at least seventy-two (72) hours in advance, and promptly upon completion -3- of such repairs, South Bend shall at its own cost and expense restore property of Northern Indiana to the same or as the good condition as it was prior to the making of such repairs or renewals. (e) The rights granted hereunder to South Bend are subordinate to the paramount right of Northern Indiana to use its property for all utility and corporate purposes; and in the event Northern Indiana's intended use of its property is such that it is necessary or desirable that the sewer line installed by South Bend or any part thereof, be relocated moved or rearranged within or upon said property, then, and in such event, South Bend shall at its cost, risk and expense make any relocation, movement, or rearrangement of said facilities as is necessary within one hundred twenty (120) days after being notified in writing by Northern Indiana to do so. (f) South Bend shall at its own expense, secure any permits or other consents required by law or ordinance of any municipality or other public body having jurisdiction over the construction, maintenance and operation of said sewer line and shall at all times comply with all laws, ordinances and regulations which affect its construction, maintenance or operation. (g) South Bend shall not interfere with the towers, electrical transmission lines, gas mains, and appurtenances thereto of Northern Indiana constructed or to be constructed in, over, upon or under the property of Northern Indiana or with the exercise of any rights, easements, leases, licenses or privileges that may have been granted by Northern Indiana to third parties in or over said premises. (h) South Bend shall, upon its abandonment of said sewer line, or termination of this aareement remove said sewer line from the property of Northern Indiana at its own risk and expense and restore said property to the same or as good condition as the same was in immediately prior to such removal. If South Bend fails or refuses to remove any of the sewer line within a reasonable time after the abandonment or the termination of this agreement, Northern .- 4 Indiana may remove the same and South Bend hereby expressly agrees to reimburse Northern Indiana for any expense incurred in connection therewith. THIRD: It is expressly understood and agreed that Northern Indiana shall under no circumstances be liable or responsible for, and South Bend hereby agrees to indemnify Northern Indiana against any loss, injury, or damage of any kind or character whatsoever caused by or growing out of this agreement or the presence, construction, maintenance, use repair, change or removal of said sewer line or any part thereof when not solely caused by the negligence of Northern Indiana. It is further agreed that Northern Indiana shall under no circumstances be liable or responsible for any injury or damage of any kind to South Bend or its contractors, officers, agents or employees caused by or growing out of this agreement or the presence, construction, maintenance, use repair, change or removal of said sewer line. FOURTH: It is understood and agreed by the parties hereto that Northern Indiana, may have prior to the execution hereof, granted other parties certain rights and privileges in and to the premises herein described and this agreement is made subject and subordinate to such rights and privileges as granted. It is also understood and agreed that Northern Indiana may grant other rights and privileges in the future to other parties and South Bend hereby agrees to execute upon demand by Northern Indiana such consents as may be deemed necessary by Northern Indiana for the use of said premises by other parties, provided such use shall not materially interfere with the maintenance or operation of the sewer line of South Bend. FIFTH: South Bend shall permit no obstructions on the premises which could create a hazard of any kind. South Bend shall keep and maintain said premises in a clean and orderly condition at all times, and shall maintain all of its facilities placed thereon in a good and safe condition. Northern Indiana may, without any liability therefor, enter upon said real estate for the purpose of maintaining it in a clean - 5 - e order�y condition if South Bend does not do so, and South Send agrees to reimburse Northern Indiana, upon demand made, for Northern Indiana's expense in so doing. SIXTH: Northern Indiana may have an inspector present at any or all times when South Bend is constructing, installing, maintaining, repairing or removing the sewer line under this easement for the sole purpose of assuring that said construction will not interfere with Northern Indiana's operation of its utility facilities. South Bend shall reimburse Northern Indiana for the expense of such inspector upon receipt of billing therefor from Northern Indiana. It is mutually agreed that the presence of an inspector shall not relieve South Bend from any liability, claim, or obligation hereunder. South Bend shall reimburse Northern Indiana for the expense of protecting its facilities. SEVENTH: South Bend further agrees to pay or reimburse Northern Indiana for any general property taxes or special assessments which may result from the use or improvement of said real estate by South Bend under the terms of this agreement. EIGHTH: All notices or demands hereunder may be served on Northern Indiana by certified mail addressed to Northern Indiana Public Service Company, Attention: Manager of Real Estate, 5265 Hohman Avenue, Hammond, Indiana 46325, and such notices and demands hereunder may be served upon South Bend by certified mail addressed to: Department of Public Works, County City Building, Room 732, South Bend, Indiana 46601 and the mailing of such notices or demands by registered mail shall be sufficient service thereof. NINTH: It is understood by South Bend that at all times during the construction, maintenance, operation and repair of said sewer line, that the electric lines of northern Indiana are energized and thereby create a danger to people'working in the vicinity of said electric lines should they come in contact with such electric lines. South Bend specifically agrees to indemnify and save Northern Indiana harmless ;�:_•- '_G.�u.--^ter. "�:-i�.�..E�%a^��=�-_.wa -6- from any claims arising from any employee of South Bend or any contractor or subcontractor of South Bend coming in contact with the electric lines of Northern Indiana during the construction, operation and maintenance of said sewer line. TENTH: This agreement shall be binding upon and inure to the benefit of the respective successor and assigns of Northern Indiana and South Bend. IN WITNESS WHEREOF, the parties have caused this instrument to be duly executed in duplicate as of the day and year first above written. ATTEST: ATTEST : ORTHERN INDIANA PUBLIC SERVICE COMPANY �clr B Y Vice President Acting Secretary CITY OF SOUTH BEND BOARD OF PUBLIC WORKS /0-/7-ge BY .:.q .�^ .'^._ .-$.v. ',arE OF INDIANA } SS: COUNTY OF LAKE } BE IT REMEMBERED that on this before, a notary public in and for � day of appeared the County and State aforesaid 1all Acting Secretary, res ectivel , Vice President, and personally and each acknowledged, execution of the above Y, of Northern Indiana Pub is Service Company, in behalf of said corporation as the voluntary act and corporation and of said officials for said voluntary and foregoing instrument purposes therein set forth. deed of said corporation for the uses and FITNESS my hand and notarial seal the day and year first above written. Notary P­u M is A Resident of County My Commission expires: STATE OF INDIANA ) _ ) SS: COUNTY OF Sl. JDS. ) BE IT REMEMBERED that on this _/ /" day of 1988, before me, a notary public in and for t e County and State aforesaid, personally appeared `J��ilJ �. LE6Z(_"'zY/J5iL-1 , PA7pl(I AE. ��q A_1iID I-1oMPh/P_6c/5, respectively, of The City of South Bend Board of Public Works, and each acknowledged the execution of the above and foregoing instrument in behalf of said Board as the voluntary act and deed of said Board and of said officials for said Board for the uses and purposes herein set forth. WITNESS my hand and notarial seal the day and year first above written. SAND/?A r1f- ru ry�Public A Resident of 57-,705. County My Commission expires: 380.7101.a LAND PLAT b PA COLE ASSOCIATES Rc�� a -15RsoN BLVD. , I N c. ' SOUTH DEND GEED RECORD;%94t PAGE: 55¢ IN[). DATED: /V S dYl¢ . o s'ccr`ion 4'j 7-.3 T Al (�7.PR/VD II E PV S'UB 1)1 V1 s1ON TQ Sr` close d 6704-,? Yc , 117di, 11 1 � , 23 f 90' 0 GRAND VIEW 24 ~ W SUB S TA TION D 4 a 16 �' a PLATS 4 ST. JQSEPH COUNTY l Permgnewl %- 0 s � .32 t Pa B1 Tokino� g . TaT`c�/ Arco -76 SFT ArE'a of Tc�,E'in9 Foy Pcr�aner�rJ E�sefnc�Jc , 453 SFT - OWNER: N4,PT1-1ERjV INDl,4NI? PUB. lC SER VICE ADDRESS OF ABOVE PROPERTY: COMPyNy 41 . ' A - 'Chi .: ` .. .