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Department of
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1865
Memorandum
May 29, 2014
TO: Redevelopment Commission
FROM: David Relos, Economic Resources
SUBJECT: Grant of Nipsco Easement
Currently Nipsco has an easement in vacated Franklin Street between Wayne and
Western, on the west side of the VA Clinic. Within this easement, at the northeast
corner of Western and Franklin is an underground regulator station (station). To
upgrade their gas system in the downtown area, Nipsco would like to move this station
to above ground and replace sections of gas lines.
In working with Nipsco on the placement of the new station, and to not hinder future
development opportunities along Western, the suggested site of this new station will be
placed one block north along Wayne and the north / south alley between Franklin and
Lafayette. Upon completion of the new station and gas lines, the current easement in
Franklin will be vacated, which will allow better future options for this key site.
Staff requests approval of this 20' x 23' easement, to allow the upgrading of this natural
gas regulator station and lines for the downtown area.
227 W. JEFFERSON BLVD. SOUTH BEND. IN 46601 1 P: 574 - 235 -9371 1 FAX: 574 - 235 -9021 1 SOUTHBENDIN.GOV
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Paul R. Clark
Project Engineer
NIPSCO
1039 Pennsylvania Ave.
South Bend, IN.
46601
05/16/14
David Relos
Department of Community Investment
Economic Resources
City of South Bend
227 W. Jefferson Blvd.
South Bend, IN 46601
David,
The easement description of the proposed site for the NIPSCO regulator station is complete.
The new regulator station will be built with an above ground configuration at the proposed site if
approved. The facility will be required to have a fully enclosed fence to prevent the public from
tampering with the equipment.
The proposed easement is presented with the understanding that the easement will be a trade to preserve
the esthetics of the building entrance that is currently utilized by the VA Clinic. NIPSCO will vacate the
old regulator easement after the new station becomes fully operational.
NIPSCO has pursued an easement with the City of South Bend for this regulator station from early 2012.
This easement is a very important consideration because this station is the primary gas supply for
downtown South Bend. The station must be rebuilt soon because it was installed in 1963 and many of the
components are obsolete. Please proceed with the approval of this easement as soon as possible.
Sincerely,
Paul R. Clark, MBA
Project Engineer
NIPSCO
574- 284 -2241
574- 286 -1024
EXHIBIT "A
LEGAL DESCRIPTION - THE CITY OF SOUTH BEND, STATE OF INDIANA
PART OF LOT 17 AS SHOWN ON THE PLAT OF SOUTHWEST ADDITION
(COMMONLY KNOWN AS VAIL'S ADDITION) BEING A PART OF THE
NORTHEAST QUARTER (NE1 /4) OF SECTION 11, T37N, R2E OF THE
SECOND PRINCIPAL MERIDIAN, IN THE COUNTY OF ST. JOSEPH, STATE
OF INDIANA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 17; THENCE
SOUTHWARDLY ALONG THE EAST LINE OF SAID LOT 17 A DISTANCE OF
20 FEET TO A POINT; THENCE WESTWARDLY PARALLEL WITH THE
NORTH LINE OF SAID LOT 17 A DISTANCE OF 23 FEET TO A POINT;
THENCE NORTHWARDLY PARALLEL WITH THE EAST LINE OF SAID LOT 17
A DISTANCE OF 20 FEET TO A POINT ON THE NORTH LINE OF SAID LOT
17; THENCE EASTWARDLY ALONG THE NORTH LINE OF SAID LOT 17 A
DISTANCE OF 23 FEET TO THE POINT OF BEGINNING OF THIS
DESCRIPTION.
PREPARED BY MARBACH, BRADY AND WEAVER,
CONTAINING 0.010 OF AN ACRE OF LAND.
RE: DR 1212909
(STATE PARCEL NUMBER:
71- 08 -11- 284 - 002.000 -026)
C:\ Users \0007488\AppData\LocaBTemp\note C9812B \0078 -2014
Legal Descriptlon.doc 5/15/2014 12:30 PM Page 1 of 1
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EASEMENT FOR GAS REGULATOR STATION EASEMENT # 39893
KNOW ALL MEN, That CITY OF SOUTH BEND, STATE OF INDIANA
, herein called the "Grantors ", in consideration of the sum of one dollar ($1.00) and other valuable
considerations, in hand paid to the Grantors, hereby grant to Northern Indiana Public Service Company,
an Indiana Corporation, and to its successors and assigns, the right to install, operate, maintain, repair,
replace and renew regulator station, blow off, pipe fittings, markers, and appurtenances for use in
connection with grantee's gas pipe line, with all necessary and convenient service pipes, connections and
equipment in, upon, along and over the land and premises hereby described, situated in Section 11,
Township 37 North, Range 2 East of the Second Principal Meridian in the County of St. Joseph, State of
Indiana, described as,
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
FOR LEGAL DESCRIPTION
DEED REFERENCE: 1212909
The regulator station will be protected with proper fencing and /or metal cabinets.
The Grantee shall and will indemnify and save the Grantors harmless from and against any and all
damage, injuries, losses, claims, demands or costs proximately caused by the fault, culpability, or
negligence of the Grantee in the construction, erection, maintenance, operation, repair or removal of said
regulator station and the structures and appurtenances connected therewith.
Access to the above described land over the adjoining lands of Grantors is hereby granted, where
necessary, but where a public street or highway adjoins the land above described then access shall be
from such street or highway. Any damages to the crops, tile, fences, or buildings of the Grantors on said
premises or on lands of the Grantors adjoining the premises above described, done by the Grantee in the
installation, operation, maintenance, repair, replacement or renewal of said regulator station, or
equipment, shall be promptly paid by the Grantee. The Grantee may cut or trim trees, bushes and
saplings growing upon or extending over said land so far as may be reasonably necessary in the
construction, operation and maintenance of said valves and equipment.
The undersigned Grantors hereby covenant that they are the owners in fee simple of said real estate,
are lawfully seized thereof, and have good right to grant and convey said easement herein, and guarantee
the quiet possession thereof, that the said real estate is free from all encumbrances, and that the Grantors
will warrant and defend the title to the said easement against all lawful claims.
These presents to be binding on the heirs, executors, administrators, Grantees and assigns of the
Grantors, and upon the Grantee, its successors and assigns.
IN WITNESS WHEREOF, the Grantors has duly executed this instrument this day of
. A.D. 2014
(Signed) (Signed)
(Signed) (Signed)
This instrument prepared by: John R. Henry
STATE OF INDIANA, )
) SS.
COUNTY OF
Personally appeared before me the undersigned, a Notary Public in and for said county and state
who acknowledged the execution of the foregoing instrument to be his voluntary act and deed.
WITNESS my hand and notarial seal this day of
Print
My Commission Expires
STATE OF INDIANA,
) SS.
COUNTY OF
, 2014.
(SEAL)
Notary Public
A Resident of
County, Indiana
BE IT REMEMBERED that on this day of A.D., 20, before me, a
Notary Public in and for said county and state aforesaid, personally appeared
, President and Secretary,
respectively of
and each acknowledged the execution of the foregoing instrument in behalf of said corporation as the
voluntary act and deed of said corporation and of said corporation, for the uses and purposes set forth.
WITNESS my hand and notarial seal the day and year first above written.
Print Name
My Commission Expires
(SEAL)
Notary Public
A Resident of County, Indiana
"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."
John R. Henry