HomeMy Public PortalAbout082-2018 - Easement Solar Park -Impa Municipal Power AgencyEASEMENT ENCROACHMENT AGREEMENT
THIS EASEMENT ENCROACHMENT AGREEMENT is entered into between the City of
Richmond, an Indiana municipal corporation, by and through its Board of Public Works and
Safety and by and through its Board of Sanitary Commissioners (collectively "Grantors") and the
Indiana Municipal Power Agency, a body corporate, politic and political subdivision of the State
of Indiana ("Grantee"). This agreement shall be effective on the last signature date set forth
below.
RECITALS
WHEREAS, Grantee is the owner of real property with an address of 6200 E. National Road,
Richmond, Indiana 47374, more particularly described in Exhibit A (the "Property"); and
WHEREAS, Grantors benefit from a right-of-way and easement for sanitation, more particularly
described in Exhibit B and a utility easement, more particularly described in Exhibit C that
encumber the Property (the "Easements"); and
WHEREAS, Grantee plans to construct, maintain and operate a solar park on the Property, which
will interconnect into the Richmond Power and Light electric distribution system; and
WHEREAS, Grantee must place certain structures within the Easements in order to interconnect
the solar park with the Richmond Power and Light electric distribution system and to secure the
solar park; and
WHEREAS, Grantee requests Grantors' approval of certain encroachments into the Easements
and Grantors wish to approve of such encroachment requests;
NOW THEREFORE, in consideration of the terms and conditions contained herein, including
the above -stated recitals, and for other valuable considerations, the receipt and sufficiency of
which are hereby acknowledged, Grantors hereby approve of Grantee's encroachments into the
Easements as more particularly described on the attached Exhibit D (the "Encroachments").
1. The Encroachments shall be binding upon and shall inure to the benefit of the parties
hereto, their respective heirs, successors and assigns.
2. Grantee agrees to grant Grantor access through any security structures that interfere with
Grantors' access to Grantors' Easements. In the event said security structures need to be
removed or replaced to allow Grantors to access Grantors' Easements, said removal or
replacement shall be at Grantee's cost, and Grantee shall hold Grantors harmless and
release Grantors from any and all liability as a result of said necessary removal or
replacement of said structures except in cases of Grantors' sole negligence.
Contract No. 82-2018
3. Grantor additionally agrees to maintain commercial general liability insurance with
policy limits at least the amount of $1,000,000 for each occurrence and in the aggregate,
umbrella liability insurance with policy limits at least the amount of $4,000,000 for each
occurrence and in the aggregate and automobile liability insurance with policy limits at
least the amount of $1,000,000 per occurrence and in the aggregate, all issued by a
reputable and financially solvent insurance company for the duration of this Agreement
for the purpose of insuring against any damage or harm Grantor may cause on the
Property outside of the Easements.
[SIGNATURES ON NEXT PAGE]
This instrument prepared by:
Emily Williams
Indiana Municipal Power Agency
Attomey-at-Law
11610 N. College Avenue
Carmel, Indiana 46032
(317) 428-6714
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. /s/ Emily A. Williams
GRANTORS:
Dated: 5 1 $
Dated: 5 l 9-2 I 18
Dated: 5;1 5 1 g
By: QMA404-111
Vicki Robinson, President, Board
of Public Works and Safety
B .
Ativ�� !p 6; , resident, Board of
Sanitary Cow
By:
-V—av-'i-d M. S bw, or, City
of Richmo , Indiana
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF INDIANA
COUNTY OF WAYNE
On May 24, 2018, personally appeared before me Vicki Robinson, President of the Board
of Public Works and Safety, who provided to me on the basis of satisfactory evidence to be the
people whose name is subscribed to the within instrument and acknowledged to me that she
executed the same in her authorized capacity, and that by her signature on the instrument the
entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Indiana that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature L--OL (SEAL)
Print Name: Kimberly A. Vessels
County of Residence: Wayne
My Commission Expires: August 24, 2024
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF INDIANA )
COUNTY OF WAYNE )
On May 22, 2018, personally appeared before me Aman Bakshi, Vice President of the
Board of Sanitary Commissioners, who provided to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument the
entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Indiana that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature L`' '� `' (SEAL)
Print Name: Kimberly A. Vessels
County of Residence: Wayne
My Commission Expires: August 24, 2024
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF INDIANA
COUNTY OF WAYNE
On May 25, 2018, personally appeared before me David M. Snow, Mayor of the City of
Richmond, Indiana, who provided to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the entity upon
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Indiana that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
G(-
Print Name: Kimberly A. Vessels
County of Residence: Wayne
My Commission Expires: August 24, 2024
(SEAL)
GRANTEE:
Dated: ejI'I 7o
INDIANA MUNICIPAL POWER AGENCY
Alvey, Executive Vicdptesident & COO
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF INDI NA )
COUNTY OF 00
On �% �a N jD / , personally appeared before me Jack Alvey,
Indiana Municipal Power Agency Executive Vice President and COO who provided to me on the
basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by their
signatures on the instrument the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Indiana that the
foregoing paragraph is true and correct.
WITNESS my hand and official
Signature
Print Name: k j g jl e "I
County of Residence: �a n <Or�
My Commission Expires: /,?& &da
EXHIBIT A
Situated in the Northeast and Southeast Quarters, Section 36, Township 14 North, Range 1 West,
Wayne Township, Wayne County, Indiana, Being part of a 116.81 acre tract, as described in
Instrument 2016008598, as recorded in the Wayne County Recorder's Office, being more
particularly described as follows:
Commencing at a copperweld found at the Southeast Corner of the Southeast Quarter of Section
36, Township 14 North, Range 1 West;
Thence North 00°31'45" East (bearings are based upon the state line between Indiana and Ohio
as being North 00°31'45" East per plat of survey by John E. Beals, RLS 7955, Dated 9 Nov.
1994, 2002.15 feet along the East line of the Southeast Quarter of said Section 36, also being the
state line between Indiana and Ohio, to the North line of the limited access right-of-way line of
Interstate Route No. 70;
Thence North 59°52'25" West 243.44 feet along said right-of-way line, to an iron rod found;
Thence North 4998'45" West 158.20 feet along said right-of-way line, to an iron rod found;
Thence North 60°58'00" West 417.56 feet along said right-of-way line, to an iron rod found;
Thence North 74°17'30" West 220.05 feet along said right-of-way line, to an iron rod set at the
Point of Beginning for the tract herein described (all iron rods set are 5/8" rebar with a plastic
cab stamped Beals -Moore RLS 20400025);
Thence for the following 6 calls along said right-of-way line:
Thence North 74°17'30" West 278.50 feet, to an iron rod set at a point of curve;
Thence along a 632.20 foot radius curve, to the right, through a central angle of 42°15'21",
having an are length of 466.25 feet, and a chord which bears North 60°20'40" West 455.76 feet,
to an iron rod set;
Thence North 39°13'00" West 175.66 feet, to an iron rod set;
Thence North 459 8'10" West 402.52 feet, to an iron rod set;
Thence North 39°13'00" West 700.00 feet, to an iron rod set;
Thence North 34°27' 10" West 100.97 feet, to an iron rod found on the west line of said 116.81
acre tract;
Thence North 00°57'35" West 826.35 feet along said West line, to a concrete post found at the
Northwest corner of said 116.81 acre tract;
Thence South 89°56'00" East 1020.00 feet along a north line of said 116.81 acre tract, to an iron
rod set;
Thence South 44°53' 14" East 624.71 feet, to an iron rod set;
Thence South 00°16'47" East 70.00 feet, to an iron rod set;
Thence South 87°16'08" East 300.00 feet, to an iron rod set;
Thence South 05°43'23" West 590.00 feet, to an iron rod set;
Thence South 87°54'50" West 130.00 feet, to an iron rod set;
Thence South 00°14'25" East 1050.40 feet, to the Point of Beginning, Containing 58.248 acres,
more or less, there being 56.873 acres, more or less, in the Northeast Quarter of Section 36, and
1.375 acres, more or less, in the Southeast Quarter of Section 36, as shown on Drawing No. D-
3666, dated 2 August 2017, being subject to all legal easements of record.
EXHIBIT B
014669 92DEC-8 PM12:26
BaoK Q i s ri,;l8; j J WAYNE COUNTY RECORDER
llie New Creations, Inc., hereinafter called "Grantors", for valuable consideration, the receipt
whereof is hereby acknowledged, hereby grants to the City of Richmond, and Richmond Sanitary
District, a municipal corporation and its assigns (hereinafter called "GRANTEE") the assignable
and irrevocable right to erect, construct, reconstruct, replace, remove, maintain and use for general
utility purposes and such other purposes as may be reasonably compatible therewith, including
water, gas, sewer, electricity, telephone, telecommunications, and cable television, wires, cables,
connections boxes, poles, guywims, stakes, anchors, brace poles, mains, ducts, pipes, drains,
and other appliances and fixtures for use in connection with said utilities, together with a right-of-
way, on, along and in all of the hereinafter described strip, in that land contained in a tract in the
name of The New Creations, Inc., as recorded in Deed Record Book 391, page 61, in the office of
the Wayne County Recorder, those certain lands situated in the County of Wayne in the State of
Indiana, and described as follows, to -wit:
Located in the north half of Section 36, Township 14 North, Range 1 West,
Wayne County, Indiana, and being more particularly described:
Commencing at the east corner between Lots 8 and 9 in the Parkland Industrial
Park; thence south 81.14 feet; thence east 378.09 feet to the point of beginning of
this description on the right-of-way of IR-70; thence north 50 degrees 47 minutes
00 seconds east, 55.00 feet; thence south 39 degrees 13 minutes 00 seconds east,
173.63 feet; thence south 86 degrees 01 minute 10 seconds east, 376.91 feet;thence
south 85 degrees 25 minutes 31 seconds east, 400.29 feet; thence south 88 degrees
16 minutes 34 seconds east, 396.91 feet; thence north B9 degrees 57 minutes 35
seconds east, 434.23 feet; thence south 89 degrees 31 minutes 11 seconds east,
2115.13 feet; thence south 39 degrees 34 minutes 38 seconds east, 279.70 fat;
thence north 77 degrees 09 minutes 06 seconds cast,197.81 feet; thence south 00
degrees 00 minutes 00 seconds east, 25.64 feet; thence south 77 degrees 09
minutes 06 seconds west, 197.51 feet thence north 39 degrees 34 minutes 38
seconds west, 293.46 feet; thence north 89 degrees 31 minutes I I seconds west,
273.38 feet; thence south 89 degrees 57 minutes 35 seconds west, 434.50 feet
thence north 88 degrees 16 minutes 34 seconds west, 397.30 feet; thence north 85
degrees 25 minutes 31 seconds west, 400.28 feet, thence north 86 degrees 01
minute 10 seconds west, 387.73 feet; thence north 39 degrees 13 minutes 00
seconds west, 159.45 feet; thence south 50 degrees 47 minutes 00 seconds west,
30.00 feet; thence north 39 degrees 13 minutes 00 seconds west, 25,00 feet along
the east right-of-way of IR-70 to the place of beginning.
GRANTORS shall have the right to use the strip for purposes not inconsistent with
GRANTEE'S full enjoyment of the tights hereby granted, provided that GRANTORS shall not
hereinafter erect or construct any building or other structure, or drill or operate any well, within
said strip. .
GRANTEE shall also have the right from time to time to trim and to cut down and clear away any
and all trees, roots, and brush now or hereafter on said strip and shall have the further right from
time to time to trim and to cut down and clear away any trees on either side of said strip that now or
hereafter in the opinion of GRANTEE may be a hazard to its facilities by reason of the danger of
falling thereon, provided, however, that all trees that GRANTEE is hereby authorized to cut and
remove, if valuable for timber or wood, shall continue to be toe property of GRANTORS, but all
tops, lots, brush and refuse wood shall be removed by GRANTEE.
GRANTEE shall also have the right to mark the location of said strip by suitable markers in the
ground, but said matkers when set in the ground shall be placed in fences or other locations that
will not interfere with any reasonable use GRANTORS shall snake of said strip in accordance with
the terms of this easement.
GRANTEE, or its assigns, shall repair any damage it shall do to GRANTORS' property on said
lands and shall indemnify GRANTORS against any loss and damage that shall be caused by the
exercise of said ingress and egress or by any wrongful or ne li tit act or omission of GRANTEE,
or its assigns, or of its agents or employees in the comae of their employment.
The provisions hereof shall htute to the benefit of and bind the heirs, successors and assigns of
the respective parties hereto. The easement may ba recorded and shall be perpetual and run with
the land. The easement in gross created herein may be freely alienated and assigned by
GRANTEE
By granting this easement, it is agreed that Grantor shall receive five
free hook-ups to the sanitary sewer.
w
�I
0
0
3
1sooK 473 pl' S 36
In witness whereof first party has executed these presents this 2 day of ^�
1990.
GRANTORS:
t' n n //i1e i.J.CG
For. New Creations, Inc. `
a
H
u
d
F+
�d
w�
> m
m c
m 5
H m
m a
�4.3
v
�c
v s
r�I pEpEpq N
V C O
Y CD
SUBSCRIBED AND SWORN to before me, a Notary Public, this Srl,_ day of November ,
1990.
Ji.,n..trn w_ Gibson Not" Public
Residing in Wayne County, Indiana
My Commission Expires:
This instrument prepared by Kent G. Klinge, Attorney at Law.
O
r, ealKw 1W Ilttt"
u,ww
oom 4 7 3 1,lt,t8:37
i(ECORDED DEC 8 1992 DEBORAH S. SMITH R.W.C. !a' a � PM
EXHIBIT C
...� - si. , ,..
r
Sanitary Sewer Easement
(Exhibit A) �6, _060-3(7.610_IS+
A permanent easement for the purpose of installation, operation, and maintenance. of p
sanitary sewer and lift stationlocated in the southwest quarter of Section 23, Township
14 North, Range I West, and the north half of Section 36, Township 14 North, Range 1
West, Wayne 1 County, Indiana; and more particularly described as follows:
�b-3b-oa0- abl. cx�-�5
�`�6•000.y 001 • IS
Commencing at a copperweld In travel Pit Road; said monument being at the southwest
corner of above said'southwest quarter of Section 25; .'thence north 00 degrees 21
minutes 50 seconds west 1024 88 feetalongthe west lificvf said quarter section to'a
point of intefsecdon with'the north line of anIngress and egress easement along the
former Consolidated Rail Corporation right -of way; thence north:17 degree's 44 minutes
t•,.
55 seconds east; 63184 feet'along the north lineof said ingress and egress easement o a
point of inters6ction with the east right-of-way of IR70; thence north 77 degrees 44
minutes 55 seconds east, 53.84 feet along the north line of said ingress and egress
i easement to the point of beginning of this description; thence north 34 degree's 00
minutes' 33 seconds west, 85:83� feet parallel to and offkf.50 feet'from the right -of; -way
of IR70;: thence north 39 degrees 43 minutes 35 wcondswest, 250.82.feet; thence
north 35 degrees 54 minutes 36 seconds west,138.27 feet; thence north 08 degrees 12
minutes 55;seconds west, 72644 feetto a point on the south right-of-way of S.R. 121;
thence north 81 degree2l minutes 09-seoond east,10.26'feet along the said right-of-way
to a right-of-way meeker, thence north 70 degrees l0 minutes 59 aeconds east, 15.05 feet
along said right-of-way; thence south 08 degrees :12 minutes 56 second east; 723:38 feet;
t ti>encx south 35 degrees 54 minutes 35'seconds east, 132.28 feet parallel to and offset '
166 feet from. right -of way of IR70 thence.�uth 39 degrees 43 minutes 35.seconds
east, 251.23. feet; thence south 34 degrees 00 minutes 31.seconds .east, 43.21 feet;
thence north 77 degrees 44• minutes 54 seconds east, 2.6:92 feet; thence south 34 degrecs
00`minute6 36,seconds east,-135.12 feet; theme south 32 degrees32.minuies 26 seconds
j east, 212.93 feet; thence south 36 degrees 48,minutes 10 seconds east, 194.04 feet;
i thence south 39 degrees 39 minutes 5.second east,1190.51 feet; :thence south 58'
degrees 57 minutes 22 seconds'east, 105.95 feet; thence south 39;degrees39 minutes 56
seconds east, 121.99 feet; thence south 33 degrees 57 'minutes 15'seconds_ east, 201.02
feet; thence south 39 degrees 39 minutes 55 seconds east, 239.13 feet; thence south'46
j degrees 22 minutes 29 seconds east, 99.35 feet; thence south 43 degrees,30 minutes 00
i;
second eafk lgl.00,feet; thence iouth.44,degrees 38 minutes 06 seconds east; 75.05
feet; thencelsouth 36 degrees 48 minutes 10 seconds east 304.70 feet; thence south 39
! degrees 39 minutes 55 seconds east,30i.66 feet; thence south 34 degrees minutes 06
seconds east, 170:33 feet; the south 18 degrees 55 minutes 12 seconds.east, 19 A U
feet; thence south.71 degrees,04. minutes 49 seconds west, 25.00 feet-, thence north 18
degrees 55 minutes'13 seconds west, 193.91 feet; thence 34 degrees 54 minutes 08.
se onds.west, 165.79 Meet; ::parallel to and offset 75 feet from the right -of --way of IR70; .
I thence north 39 degrees 39 minutes 55 seconds West, 301 24•feet; thence north 36
4' 303.61' feet; th
degrees 48 minutes; l0 seconds west, ence north-44 dep,=minutes'38
( 06 seconds west, 73.60.feet;, thence north 43 degrees30.minutes 01 seconds west, ,
180.61 feet; thence north 46 degrees 22 minutes 27 seconds west, 160.19 feet; thence
north 39 degrees 39 minutes 55 seconds west, 241.85-feet; thence north 33 degrees 57
minutes 15 seconds west, 201.02 feet; thence north 39 degrees 39 minutes 56 seconds
west, 116.47 feet; thence north 58 degrees 57 minutes22, seconds west,105.95 feet;
thence north 39 degrees 39 minutes 55 seconds west, .1185.39 feet; thence north 36
degrees 48minutes 10 seconds west,195.60 'feet; thence north 32 degrees 32 minutes
26 seconds:west, 215M feet; thence north 34 degrees 04 minutes 37 seconds west,
` 2184 feet;. thence north 34 degrees.00 minutes 37 seconds west; b5AS feet; thence south
t. 77 degrees 44 minutes 54'seconds west, 26.92 feet to the point of beginning of this
t
description, containing2.9 acres more or less.
:
•
n
SWAP
� .
�
rw� iu�ris rrr
-
f
k
e
�
A
41
f
l
w
e
Jut 6
ALDiLLN O,R+W.
t
RECORDED
. i
t
EXHIBIT D
Permissible Encroachments into the Easements:
Electric equipment related directly to the solar park or its interconnection into Richmond
Power & Light's distribution system, including but not limited to two (2) below grade
six-inch PVC conduits containing three (3) MCM Aluminum Underground cables
energized at 13.8 W.
- Security fencing and access gates.