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Home My WebLink AboutAvigation Easement- Bendix Construction Proj No 121-047 - St. Joseph County Airport AuthorityBOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM TO: Board of Public Works FROM: Leslie Biek, P.E., Assistant City Engineer SUBJECT: Bendix Ph 2- Avigation Easement 121-047 (Des # 2100022) DATE: 10/13/2026 Right-of-Way was required along Bendix and Lathrop adjacent to the airport. As a result of the expanded right of way, the airport requires the Avigation Easement to be updated to include the additional right-of-way. The avigation easement puts limitations on what can occur in the right-of-way adjacent to the airport. It is requested the Board of Public Works approve updated Avigation Easement for right-of-way purchased for the Bendix Ph 2 project from the St. Joseph Airport Authority. Thank you for your consideration of this request. Avigation Easement – Parcel #:71-03-34-101-001.000-026 Airport E#AE27 Airport: South Bend International Airport Page 1 of 7 AVIGATION EASEMENT Parcel 71-03-34-101-001.000-026 E# AE27 THIS INDENTURE is made this 13th day of October , 2026 between the City of South Bend, whose address is 215 S. Dr. Martin Luther King Jr. Blvd., (“GRANTOR”), and St. Joseph County Airport Authority, whose address is 4477 Progress Dr., South Bend, IN 46628 (“GRANTEE”). WHEREAS, the GRANTEE is the owner and operator of the South Bend International Airport (“AIRPORT”), situated in St. Joseph County, Indiana, and near property owned by the GRANTOR; and WHEREAS, the GRANTEE desires to obtain and preserve for the use and benefit of the public free, unobstructed passage of aircraft landing upon, taking off from, or maneuvering about the AIRPORT, as legally permitted by state and federal statutes, rules or regulations governing aircraft operations on or near the AIRPORT (the “Purpose of the Easement”). NOW THEREFORE, for and in consideration of the fee simple conveyance of the property from the GRANTEE to the GRANTOR, and as a condition of such conveyance, the receipt and sufficiency of which is acknowledged, the GRANTOR conveys to the GRANTEE, its successors and assigns, for the benefit of the general public at large, an easement for the Purpose of the Easement, in and through the air space over and across the following property: See Attachment A & Exhibit X, attached hereto and incorporated herein (“EASEMENT ROPERTY”) This easement shall terminate at such time that the AIRPORT is no longer used for airport purposes. In furtherance of the Purpose of this Easement, the GRANTEE is permitted to: (a)keep the air space above the heights described and depicted on the attached drawing clear and free from any and all fences, crops, trees, poles, buildings and other obstructions of any kind or nature which now extend, or which may at any time in the future extend, above those heights as depicted on Exhibit X, attached hereto and made a part hereof (“Exhibit X”), (“Obstructions”); (b)remove to ground level any or all-natural growths on the EASEMENT PROPERTY which may be any of the following: a) already extend above the allowable heights described and depicted on Exhibit X, b) be within ten feet (10’) of the allowable height (10’ below the allowable height); c) have the potential to grow to become an obstruction at a future date; to the extent such action is reasonably necessary in furtherance of the Purpose of the Easement; (c)remove any obstructions from the EASEMENT PROPERTY. Except in cases of imminent danger to health, safety or welfare, the GRANTEE shall provide the GRANTOR at least 10 days advance written notice of its intent to remove any Obstruction or trees or natural growth from the EASEMENT PROPERTY; (d)access the EASEMENT PROPERTY for the purpose of doing anything necessary, useful or convenient for the execution of this easement for the full application of all rights granted herein; and (e)restore the EASEMENT PROPERTY, to a condition comparable to the condition of EASEMENT PROPERTY, prior to the removal. This will address issues such as removal of debris associated with the execution of the easement, stump removal, and restoration of ruts or other site impacts from the removal process. This does not include any maintenance such as watering for areas planted with grass seed. In furtherance of this easement, the GRANTOR covenants, both on its own behalf and on behalf of its successors and Avigation Easement – Parcel #:71-03-34-101-001.000-026 Airport E#AE27 Airport: South Bend International Airport Page 2 of 7 assigns, for and during the term of this easement, as follows: (1)The GRANTOR shall not construct upon the EASEMENT PROPERTY any structure that extends above the heights described and depicted on Exhibit X. If GRANTOR allows such construction, removal will be at GRANTOR’s sole cost at such time as GRANTEE identifies and notifies GRANTOR of the encroachment into the heights described and depicted on Exhibit X. (2)The GRANTOR shall not promote any activity on the EASEMENT PROPERTY that is incompatible with the Purpose of the Easement, including planting of vegetation which may grow to encroach upon the heights described and depicted on Exhibit X. If GRANTOR allows such vegetation to grow into the surfaces, removal will be at GRANTOR’s sole cost at such time as GRANTEE identifies and notifies GRANTOR of the encroachment into the heights described and depicted on Exhibit X. (3)The GRANTOR shall not locate, in the EASEMENT PROPERTY, any device that will create electrical interference with radio communication between the installation upon the AIRPORT and aircraft, or impair visibility in the vicinity of the AIRPORT, or otherwise to endanger the landing, taking-off or maneuvering of aircraft. (4)The GRANTOR shall not use the EASEMENT PROPERTY for a use that would be incompatible with the Purpose of the Easement, including the following uses: landfill, open dump, waste disposal site, storm water retention pond, creation of new wetlands, planting of crops that would attract or sustain hazardous bird movements, and other similar uses that would tend to attract wildlife, which could cause interference with the Purpose of the Easement. (5)The GRANTOR does hereby waive, remise and release any right or cause of action which may now have or which they have in the future against GRANTEE, Its successors and assigns only, due to such noise, vibrations, fumes, dust, fuel particles and all other effects that may be caused or may have been caused by the operation of aircraft landing at or taking off from or operating at or on South Bend International Airport. This easement shall be binding on GRANTOR, its successors or assigns and shall run with the EASEMENT PROPERTY in perpetuity, is in gross for the benefit of the public and may be assigned or transferred by the GRANTEE in whole or in part to another public entity. Non-use or limited use of the easement herein granted shall not cause a termination of any of the rights granted hereunder. SIGNED THIS DAY OF , 2026. SIGNATURE (L.S.) Printed Name and Title 13th October Avigation Easement – Parcel #:71-03-34-101-001.000-026 Airport E#AE27 Airport: South Bend International Airport Page 3 of 7 STATE OF INDIANA COUNTY OF ST. JOSEPH On this day of , 2026, before me, a Notary Public, in and for said County personally appeared____________________ to me known to be the same person(s) described in, and who executed the within instrument. Notary Public, County, My Commission Expires: Drafted by: Kerianne Linn, A.A.E. St. Joseph County Airport Authority 4477 Progress Drive South Bend, IN 46628 and Stephanie Ward, AICP Mead & Hunt 2605 Port Lansing Road Lansing, MI 48906 When recorded please return to the following address: St. Joseph County Airport Authority 4477 Progress Drive South Bend, IN 46628 Avigation Easement – Parcel #:71-03-34-101-001.000-026 Airport E#AE27 Airport: South Bend International Airport Page 4 of 7 AVIGATION EASEMENT ATTACHMENT A AVIGATION EASEMENT Property Tax Code: 71-03-34-101-001.000-026 Parcel No.: E #A E 2 7 PROPERTY DESCRIPTION (entire parcel): A part of the West Half of the Northwest Quarter of Section 34, Township 38 North, Range 2 East, Portage Township, St. Joseph County, Indiana, and being that part of the grantor's land lying between the right-of-way lines depicted on the attached Right-of-Way Parcel Plat marked Exhibit "B", described as follows: Beginning at the northwest comer of said section, said comer being designated "285" on said Parcel Plat; thence North 89 degrees 30 minutes 50 seconds East 255.00 feet along the north line of said section; thence South 00 degrees 29 minutes 10 seconds East 30.00 feet to the point designated "347" on said Parcel Plat; thence South 89 degrees 30 minutes 50 seconds West 195.00 feet to the point designated "346" on said Parcel Plat; thence South 34 degrees 29 minutes 45 seconds West 53.18 feet to the point designated "345" on said Parcel Plat; thence South 00 degrees 27 minutes 21 seconds East 17.80 feet to the point designated "344" on said Parcel Plat; thence Southerly 108.80 feet along an arc to the right, having a radius of 7,035.00 feet and subtended by a long chord having a bearing of South 00 degrees 00 minutes 45 seconds East and a length of 108.80 feet to the point designated "343" on said Parcel Plat; thence South 00 degrees 25 minutes 50 seconds West 311.60 feet to the point designated "342" on said Parcel Plat; thence Southerly 104.11 feet along an arc to the left, having a radius of 5,965.00 feet and subtended by a long chord having a bearing of South 00 degrees 04 minutes 10 seconds East and a length of 104.11 feet to the point designated "341" on said Parcel Plat; thence South 00 degrees 34 minutes 10 seconds East 47.64 feet to the point designated "340" on said Parcel Plat; thence South 89 degrees 25 minutes 50 seconds West 21.95 feet to the west line of said section; thence North 00 degrees 34 minutes 14 seconds West 663.51 feet along said west line to the Point of Beginning, containing 0.565 acres, more or less, inclusive of the presently existing right-of-way, containing 0.163 acres, more or less. TOTAL ACRES: 0.565 ACRES IN RPZ: 0.06 Avigation Easement – Parcel #:71-03-34-101-001.000-026 Airport E#AE27 Airport: South Bend International Airport Page 5 of 7 AVIGATION EASEMENT EXHIBIT X • Exhibit X – Vicinity Map • Exhibit X – FAR Part 77 Surface Avigation Easement – Parcel #:71-03-34-101-001.000-026 Airport E#AE27 Airport: South Bend International Airport Page 6 of 7 Avigation Easement – Parcel #:71-03-34-101-001.000-026 Airport E#AE27 Airport: South Bend International Airport Page 7 of 7 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 10/6/2026 Name Leslie Biek Department PW BPW Date 10/13/2026 Phone Extension 9323 Required Prior to Submittal to Board 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 Other: Ease./Encroach Required Information Company or Vendor Name St Joseph County Airport Authority New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Bendix Drive Improvements (Lathrop to Voorde) Project Number 121-047 (INDOT DES 2100022) Funding Source Account No. Amount Terms of Contract Purpose/Description _The Airport requires the Avigation Easement in the right-of-way to be updated as a result of land acquisition for Bendix project.________________ For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: