HomeMy Public PortalAbout004-2021 - Granting Supply Easement and R.O.W. To Indiana Michigan Power Company - 1678 S Salisbury Road BOARD OF PUBLIC WORKS & SAFETY
CITY OF RICHMOND,INDIANA
RESOLUTION NO. 4-2021
A RESOLUTION AUTHORIZING THE GRANT OF A
SUPPLEMENTAL EASEMENT AND RIGHT-OF-WAY
WHEREAS, The Board of Public Works and Safety (hereinafter "Board") is the disposing agent
for property owned and to be acquired or transferred by the City of Richmond,
Indiana(hereinafter"City"),pursuant to the provisions of Indiana Code (IC) 36-1-11,
et seq. and IC 5-22-22, et seq., and the Board has custody, maintenance, and
improvement powers of public ways in accordance with IC 36-9-6, et seq.; and
WHEREAS, Richmond Power& Light ("RP&L"), is a municipally owned utility company for the
City of Richmond, Indiana, which operates electric power utility substations
throughout Richmond on City property; and
WHEREAS, The City is the owner of certain real estate located at the common address of 1678
South Salisbury Road (hereinafter "property"), upon which exists an RP&L electric
power utility substation(hereinafter"RP&L substation"); and
WHEREAS, For purposes of supply connection, said property is currently subject to a certain
original easement in favor of the Indiana Michigan Power Company which is an
Indiana Corporation and which is a unit of American Electric Power (hereinafter
"AEP"); and
WHEREAS, AEP is seeking a supplemental easement and right of way in accordance with the
attached Exhibit A, consisting of approximately 1.600 acres, and which is consistent
with its original easement in order to allow for any appropriate updates to lines,
equipment, and fixtures within the easement area; and
WHEREAS, The City wishes to grant AEP said supplemental easement on real estate described
and shown in the attached Exhibit A and Exhibit B, consisting of approximately
1.600 acres, more or less.
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of Richmond,
Indiana, that said Board hereby approves of the grant of the supplemental easement and easement
area as the same is outlined or contained in the documentation prepared by the attorney for Indiana
Michigan Power Company, an Indiana Corporation and a unit of American Electric Power, as
designated in Exhibit A and Exhibit B to this Resolution.
NOW, THEREFORE, BE IT ALSO RESOLVED by the Board of Public Works and Safety that
Vicki Robinson,President of the Board of Public Works and Safety, and Emily Palmer as Member of
Page 1 of 2
the Board of Public Works and Safety, shall be authorized to execute the Supplemental Easement
documents as previously reviewed by the Richmond Law Department and the Richmond Engineering
Division, and as also reviewed and approved by representatives of Richmond Power and Light.
Passed and adopted this /O ' 'day of ligi'eh 2021, by the Board of Public Works &
Safety.
?that ''ice
Vicki Robinson,President
Emily Palmer.Member
Matt Evans,Member
APPROVED:
By: i ,Mayor
=Havid M. now 03 Z 202
Page 2 of 2
Line Name: Delaware—College Corner
Line No.: TLN120:095-025 Easement No.: 278C
SUPPLEMENTAL EASEMENT AND RIGHT OF WAY
On this _ day of , 2021, City of Richmond Indiana, whose address is 50
North 5th Street, Richmond, Indiana, 47374, ("Grantor"), whether one or more persons, owns an
interest in a tract of real property that is more particularly described lands of the Grantor, situated
in the State of Indiana,Wayne County,Fractional Section 11,Township No. 13N,Range No.2W,
and that part of section 12, Township No. 13N, Range No. 2W, in that certain document, dated
05/29/1959 recorded in Book 290, Page 471, of the real property records of Wayne County,
Indiana, and such tract is subject to easements and rights-of-way granted in favor of Indiana
Michigan Power Company.
Indiana Michigan Power Company,a(n)Indiana corporation,a unit of American Electric Power,
whose principal business address is 1 Riverside Plaza, Columbus, Ohio 43215, ("AEP") is the
current owner and holder of the rights,title,and interest, or a portion thereof, granted in or arising
under.that certain right of way and easement, dated 02/28/1940, and recorded in Volume 35,Page
487, of the official records of Wayne County, Indiana(the"Original Easement").
NOW,'THEREFORE,in consideration of the sum of Ten and NO/100 Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Grantor hereby grants, conveys and warrants this Supplemental Easement and Right of Way
("Easement") to AEP for electric transmission, distribution, and communication lines and
appurtenant'equipment and fixtures to supplement the Original Easement.
Auditor/Key/Tax Number: 004-00897-00 and 016-00264-00
The location, width, and boundaries of the easement area are hereby revised, modified, and
clarified to be as described and depicted on Exhibit "A", attached hereto and made a part hereof
("Easement Area").
The Easement is also supplemented by the addition of the following language:
EXHIBIT A_PAGE l OFT..
1
AEP, its successors and assigns, are granted the right to construct, reconstruct, operate, maintain,
alter,inspect and patrol(by ground or air),protect,repair,replace,renew,upgrade,relocate within
the Easement Area, remove and replace poles, towers, and structures, made of wood, metal,
concrete or other materials, including crossarms, guys, anchors, anchoring systems, grounding
systems,communications facilities,and all other appurtenant equipment and fixtures,and to string
conductors,wires and cables. The electric transmission facilities may consist of a variable number
of towers, poles, wires, guys, anchors and associated fixtures, including the right to enlarge, and
may transmit electricity of any voltage or amperage, together with the right to add to said facilities
from time to time, and the right to do anything necessary, useful or convenient for the enjoyment
of the Easement Area herein granted, together with the privilege of removing at any time any or
all of said facilities erected on the Easement Area.
AEP and its successors and assigns, shall have the right, in AEP's reasonable discretion, to cut
down,trim, and otherwise control,using herbicides or tree growth regulators, or other means, and
at AEP's option, to remove from the Easement Area any and all trees, overhanging branches,
vegetation,brush, or other obstructions. AEP shall also have the right to cut down,trim, remove,
and otherwise control trees situated on lands of the Grantor which adjoin the Easement Area,when
in the reasonable opinion of AEP those trees may endanger the safety of, or interfere with the
construction, operation or maintenance of AEP's facilities or ingress or egress to, from or along
the Easement Area.
AEP and its successors and assigns are granted the right of unobstructed ingress and egress, at any
and all times, on, over, across, along and upon the Easement Area, and across the adjoining lands
of Grantor as may be reasonably necessary to access the Easement Area for the above referenced
purposes.
In no event shall Grantor, its heirs, successors, and assigns plant or cultivate any trees or place,
construct, install,erect or permit any temporary or permanent building, structure, improvement or
obstruction including but not limited to, storage tanks, billboards, signs, sheds, dumpsters, light
poles,water impoundments,above ground irrigation systems, swimming pools or wells, or permit
any alteration of the ground elevation, over or within the Easement Area. AEP may, at Grantor's
cost, remove any structure or obstruction if placed within the Easement Area and may re-grade
any alterations of the ground elevation within the Easement Area.AEP shall repair or pay Grantor
for actual damages to growing crops, fences, gates, field tile, drainage ways, drives, or lawns
caused by AEP in the exercise of the rights herein granted.
The failure of AEP to exercise any of the rights granted herein, including but not limited to the
removal of any obstructions from the Easement Area, shall not be deemed to constitute a waiver
of the rights granted herein and the removal of any facilities from the Easement Area shall not be
deemed to constitute a permanent abandonment or release of the rights granted herein.
Except as modified by this Supplemental Easement and Right of Way, all terms and provisions of
the Original Easement and all rights arising in connection with the Original Easement shall remain
in full force and effect, and the Original Easement shall keep its priority in title as of the date of
its recording. Those provisions and rights are expressly ratified, reaffirmed by and incorporated
within this Supplemental Easement and Right of Way. The Original Easement along with this
2
EXHIBIT Pt PAGE OF 10
Supplemental Easement and Right of Way shall for all purposes function as a single instrument,
however,to the extent any terms or provisions of the Original Easement conflict with,limit or are
inconsistent with any term or provision of the Supplemental Easement and Right of Way,the terms
and provisions of this Supplemental Easement and Right of Way shall control. Nothing here in
will in any manner vary, change, modify, or restrict the rights and privileges that AEP may have
acquired through any instrument other than the Original Easement or by any other means.
The terms and conditions as supplemented by this instrument, are the complete agreement,
expressed or implied between the parties hereto and shall inure to the benefit of and be binding on
their respective successors, assigns, heirs, executors, administrators, lessees, tenants, licensees,
and legal representatives.
This instrument may be executed counterparts, each of which will be deemed an original, but all
of which taken together will constitute one and the same instrument.
AEP agrees to indemnify and hold harmless Grantor and it employees, agents, successors and
assigns from and against any loss,claim or expense,including without limitation,claims for injury
or death to person or damage to property or environmental damages occurring as a result of any
act or omission of AEP, or its successors or assigns in the installation, construction, operation,
maintenance,repair,reconstruction,replacement and removal of its facilities or occasioned by any
act or omission of AEP, or its agents, contractors or employees in violation of a legal duty. This
indemnification shall not apply to damages caused by the negligence or willful misconduct of
Grantor.
Any remaining space on this page intentionally left blank. See next page(s) for signature(s).
EXHIBIT 76:()-7:717.10F I7
....... ...... ...
3
IN WITNESS WHEREOF,the Grantor has hereunto set their hand(s) and seal(s) as of the last
date set forth below.
GRANTOR
City of Richmond Indiana
By: Vicki Robinson
Title: President, Board of Public
Works and Safety
Executed and delivered in my presence:
(Signature of Witness)
Emily Palmer
(Printed/Typed Name of Witness)
State of Indiana §
§ . SS:
County of Wayne §
•
Before me, a Notary Public in and for said County and State,personally appeared',Vicki Robinson
Rodal, known or proved to me to be the person described in and who executed the foregoing
instrument, and acknowledged that s/he executed it as her/his free act and deed.
Given under my hand and official seal this—day of 2021
My commission expires: 1/18/202 S
[Seal] (Signature)
Monica J. Burns
(Printed/Typed Name),Notary Public
A resident of Wayne County,Indiana
'EXHIBIT Pc. r'il r'r .y_OF I a j
4
State of Indiana §
§ SS:
County of Wayne §
Before me,allotary Public in and for said County and State,personally appeared Emily Palmer,
being known or proved to me to be the person whose name is subscribed as a Witness to the
foregoing instrument, who being duly sworn by me, deposes and says that the foregoing
instrument was executed and delivered by Vicki Robinson in the presence of the foregoing
subscribing Witness.
Given under my hand and official seal this_day of 202r.
My commission expires: 1/18/2 02 8
. [Seal] (Signature)
Monica J. Burns
(Printed/Typed Name),Notary Public
A resident of Wayne County,Indiana
PAGE .1OF ID
5
IN WITNESS WIIEREOF, AEP has hereunto set its hand(s) and seal(s) as of the last date set
forth below.
Indiana Michigan Power Company
By: Brenda Unternaher
Manager,Transmission Right of Way
American Electric Power Service Corporation
Authorized Signer
Executed and delivered in my presence:
(Signature of Witness)
(Printed/Typed Name of Witness)
State of Ohio §
§ SS:
County of Franklin §
Before me, a Notary Public in and for said County and State, personally appeared Brenda
Unternaher, Manager, Transmission Right of Way,American Electric Power Service Corporation,
as Authorized Signer for Indiana Michigan Power Company, a(n) Indiana corporation, a unit of
American Electric Power, on behalf of the corporation, known or proved to me to be the person
described in and who executed the foregoing instrument, and acknowledged that s/he executed it as
her/his free act and deed.
Given under my hand and official seal this day of 2020.
My commission expires:
[Seal] (Signature)
(Printed/Typed Name),Notary Public
A resident of Franklin County, Ohio
EXIBI PAPi PACE 1, OFj_g_i
6
State of Ohio §
§ SS:
County of Franklin §
Before me,a Notary Public in and for said County and State,personally appeared
being known or proved to me to be the person whose name is subscribed as a Witness to the foregoing
instrument, who being duly sworn by me, deposes and says that the foregoing instrument was
executed and delivered by Brenda Unternaher,Manager,Transmission Right of Way in the presence
of the foregoing subscribing Witness.
Given under my hand and official seal this day of 2020.
My commission expires:
[Seal] (Signature)
(Printed/Typed Name),Notary Public
A resident of Franklin County, Ohio
I affirm,under penalties for perjury,that I have taken reasonable care to redact each Social Security
number in this document,unless required by law.
Thomas G. St.Pierre
This instrument prepared by Thomas G. St. Pierre, Associate General Counsel - Real Estate,
American Electric Power Service Corporation, 1 Riverside Plaza, Columbus, OH 43215 for and
on behalf of Indiana Michigan Power Company, a unit of American Electric Power.
When recorded return to:American Electric Power-Transmission Right of Way,PO Box 60,Fort
Wayne, IN 46801.
EXHIBIT_ pi PAGE 1 OF ID
7
LINE TABLE _ ? Y
EXHIBIT "A"
LINE NO. BEARING LENGTH c s.1 Y? - . t' 4tjl
'� L > • j4t�x.:
L1 S84°19'49"E 132.24' `' z'-;'y�r y f�1s 1
L2 S16°26'30"E 44.02' a LL r� �s�m S6640'22'W 9379' \ _ _ ii
a .,
L4 S23°19'38"E 272.05' \ Z Z ti•��4 "5 : F�3 � �'1
L5 N66°40'22"E 80.26' 0 0 N i C11RJ'T,a r kt � x r h ii,,, ;K;
L6 N22°30'48"W 14.84' Cr LLI Z I A� ;� � D
I rQN RLts Eb a s F ��y
L7 N66°45'41"E 11.06' Z }Q 41 gr"'r ��ai0 �,y:��r f
LB S28°53'32"E 283.93' U r - 0,41• 'a 1 m
s� -4. y N4' • r� t,
L9 N84°18'32'W 222.56' • ?! g 1+ ; , •a1 ss
L10 N84°18'32"W 166.36' RALPH MICHAEL IRODAL&GRACE ANN RODAL VICINITY MAP
L11 N38°39'19'W 304.94' PIN:89-17-11-200-206.000-005 NOT TO SCALE
L12 N07°40'42"W 230.14' P.O.B. RALPH MICHAEL RODAL P/L
L13 NOS°37'36"E 58.54' NW PROP.COR. \ &GRACE ANN RODAL
•
L1 PIN:89-17-12-000-126.001-029
DOHERTY,INC.
m - PIN:89-17-12-300-105.000-029
ANTHONY C.LAWHORN G •
PIN:89-10-27-410-114.000-005
NOTES: p��
THIS DRAWING WAS pp_ VS /
PREPARED FOR THE LIMITED
USE OF AEP INDIANA EASEMENT AREA
MICHIGAN TRANSMISSION DANIEL E.&LISA L NEWLAND CONTAINING 1.600 ACRES
COMPANY, INC. FOR PIN:89-17-11-400-416.000-005
EASEMENT PURPOSES ONLY N 1.600 EXISTING EASEMENT AREA
AND IS NOT INTENDED TO `-----P/L �.Ir 0.000 NEW EASEMENT AREA �'
REPRESENT A COMPLETE Cl
I (EASEMENT LENGTH= t589.5)
SURVEY OF THE PROPERTY. o
ROAD RIGHT OF WAY WIDTHS 2 0 �1 PROPERTY OWNER:
PER COUNTY ENGINEER OR O o a ! •
INDOT UNLESS OTHERWISE / 2 m \5° CIVILCITY OF RICHMOND,INDIANA ¢N ��
NOTED. : j" BOOK 290,PAGE 418 `I
a� 2. &BOOK 290,PAGE 471 �Ry o�
LAND OWNERSHIP Y 8.028 AC.TR.
INFORMATION IS PROVIDED / cr^ !jam !.. PIN:89 17-12 300 106.000-029 O N
BY TITLE AGENCY. NO r¢ &PIN:B9 17-11 400 420.000 005 00
ADDITIONAL VERIFICATION / o?' • (� (,•o0
HAS BEEN PERFORMED BY / a o•
•
SURVEY COMPANY. ---- R/lN . / lid •
�o
ARE •
BEARINGS ASEDSHOWN HEREON I ON THE INDIANA TEST ROAD L10 RAN L9 p
STATE PLANE COORDINATE 5 I Q op I o _ P/L
co
SYSTEM,EAST ZONE(NAD 83). ( 0'R/W) c =oo
O o -a}Woo \ -\A, pl,
MELVIN&LINDA BOND Q pa n-w_i ��,(f.,pp • 4E
PIN:89-17-11-400403.000-004 I1 p a a Q o 'Q P^,4 P.O.R.
0 200 300 400 =o I ==o ?. 5' \ SE PROP.COR.
6% ii_i
f =4); SOUTH SALISBURY
}: o w r FQO���^y
06 o'a ' Gip^�, \ OAD �LLIAM L.TOWNSEND
ZZ =0 m m &MILDRED LTOWNSEND
1 inch= 200 ft. 0. 2 C • Oa i iw PIN:89-17-12-300-215.000-028
a \ N.
LEGEND \�0\111II11//��/ .
P.O.B. POINTOFBEGINNING ®�\\�� p. Li .&/i,//
•
P.O.R. POINT OF REFERENCE \\`P�•
°... ....
Sf @•••°°��/�' 4 fP
R.P.T. REFERENCE POINT TIE-DOWN Q e'g ,. i
m: °" c ii\
' 10/30/2020
-- • - RIGHT OF WAY LINE _�
-R/W- ROAD RIGHT OF WAY LINE •
LS20800148 1. = BRIAN P.LIEBERG DATE
_= LS-20800148
-P/L- PROPERTY LINE 3 •��!.00 • `
0 NEW EASEMENT AREA Iv ••°°•��G of ICI °°°Q " SURV PROJ.#:1902011
/ 1/' G \ LINE NAME:DELAWARE-COLLEGE CORNER
//t "�•••••••RN]'c ' NEW LINE NUMBER:TLN120:95-025
Rev.2 SCR 10-26-2020 �����/'i R,``\e\ EASEMENT NUMBER:278B
Rev.1 BKG 12-12-2019
AEP INDIANA MICHIGAN TRANSMISSION COMPANY,INC.
a'1 �A/1 G H'P M A N EASEMENT ACROSS THE LANDS OF
•' + CIVIL CITY OF RICHMOND,INDIANA
CONTAINING t1.600 ACRES
2303 Pipestone Road,Benton Harbor,MI 49022 269.927.0100
433 East Ransom Street,Kalamazoo,MI 49007 269.327.3532 SITUATED IN THE STATE OF INDIANA,
1670 Lincoln Road,Allegan,MI 49010 269.673.8465 COUNTY OF WAYNE,TOWNSHIPS OF CENTER&WAYNE,
www.gowightman.com LOCATED IN FRACTIONAL SECTION 11&SECTION 12,T.13 N.,R.2 W.
DRAWN BY: BKG CHECKED BY: SCALE: 1"=200' DATE:11/19/2019 FILE: SHEET: 1 of 2
frewuiraar A. tlsAr_C r t
•
EXHIBIT "A"
EASEMENT DESCRIPTION
THAT PART OF FRACTIONAL SECTION 11, TOWNSHIP 13 NORTH, RANGE 2 WEST, CENTER TOWNSHIP AND THAT PART OF
SECTION 12, TOWNSHIP 13 NORTH, RANGE 2 WEST, WAYNE TOWNSHIP, WAYNE COUNTY, INDIANA DESCRIBED AS:
BEGINNING AT THE NORTHWEST CORNER OF THE PARCEL OF LAND CONVEYED TO THE CIVIL CITY OF RICHMOND,INDIANA
IN DEED BOOK 290,PAGE 471,RECORDED IN THE OFFICE OF THE RECORDER OF WAYNE COUNTY,INDIANA;THENCE SOUTH
84° 19'49"EAST ON THE NORTH LINE OF SAID PARCEL 132.24 FEET;THENCE SOUTH 16°26'30" EAST 44.02 FEET;THENCE
SOUTH 66°40'22"WEST 93.79 FEET;THENCE SOUTH 23° 19'38"EAST 272.05 FEET;THENCE NORTH 66°40'22" EAST 80.26
FEET;THENCE NORTH 22°30'48"WEST 14.84 FEET;THENCE NORTH 66°45'41"EAST 11.06 FEET;THENCE SOUTH 28°53'32"
EAST 283.93 FEET TO A POINT THAT IS 222.56 FEET NORTH 84° 18'32"WEST OF THE SOUTHEAST CORNER OF THE PARCEL
OF LAND CONVEYED TO THE CIVIL CITY OF RICHMOND, INDIANA IN DEED BOOK 290, PAGE 418, RECORDED IN THE OFFICE
OF THE RECORDER OF WAYNE COUNTY, INDIANA;THENCE NORTH 84° 18'32"WEST ON THE SOUTH LINE OF SAID PARCELS
166.36 FEET;THENCE NORTH 38°39'19"WEST 304.94 FEET;THENCE NORTH 07°40'42"WEST 230.14 FEET TO THE WEST LINE
OF SAID PARCEL RECORDED IN BOOK 290, PAGE 471;THENCE NORTH 05° 37'38" EAST ON SAID WEST LINE 58.54 FEET TO
THE POINT OF BEGINNING.
BEARINGS ARE BASED ON THE INDIANA STATE PLANE COORDINATE SYSTEM,EAST ZONE,U.S.SURVEY FEET.
•
egi Ste,. %/P
CO
LS20800148
SURV PROJ.#:1902011 Nf C;• P
•
NIEW LINE NUMBER.LNE NAME: AT N120:95-025 CORNER I� dle of 1nd`�; �- .7
'9
. 10/30/2020
Rev 2EASEME SCRT NUM 0 26 2020 ,5 S V Rv�\ �` BS�0 001148% EBERG DATE
Rev.1 BKG 12-12-2019 //11111��`\
AEP INDIANA MICHIGAN TRANSMISSION COMPANY,INC.
OWIGHTMAN EASEMENT ACROSS THE LANDS OF
CIVIL CITY OF RICHMOND,INDIANA
CONTAINING±1.600 ACRES
2303 Pipestane Road,Benton Harbor,M149022 269.927.0100
433 East Ransom Street,Kalamazoo,MI 49007 269.327.3532 SITUATED IN THE STATE OF INDIANA,
1670 Lincoln Road,Megan,MI 49010 269.673.8465 COUNTY OF WAYNE,TOWNSHIPS OF CENTER&WAYNE,
www.gowightman.com LOCATED IN FRACTIONAL SECTION 11&SECTION 12,T.13 N.,R.2 W.
DRAWN BY: BKG CHECKED BY: SCALE: DATE:11/19/2019 FILE: SHEET: 2 of 2
1 C'!/LAIDE`t- A Ian(IC I
LINE TABLE ��++ II II Fyn n�"u Sx s_
LINE Na BEARING LENGTH EXHIBIT A '4,,,. _ r ..�y`
L1 S84°19'49"E 132.24' lot,„,, tiL2 516°26'30"E 44.02' _ •' c t�j`F•`. .4 i.--
L3 S66°40'22"W 93.79' r � ' '.+ Lk,✓f cl, X 1 �� '�tP .1-7 T'li La
L4 S23°19'38"E 272.05' S.—> - Z Z y t {Ss zj. �.}
L5 N66°40'22"E 80.26' n s • SITENie,..,:iat,.4ST".aex �y r�
Lfi N22°30'48"W 14.84' 'vr i° 4 t`ia'4 r ; .+ i ? firt '--- ,}-ts a3 �r ."
L7 N6fi°45'41"E 11.06' , ''�° � " wiv-'�� ` " l- �' 3 �-�+� r r s lt�j�-'
n g.W4'$aw. t., 4 t of Q ,'.ids g,t( +I y +
L8 S28°53'32"E 283.93' K y } l � :! •3 4 -t, 4 P r
L9 N84°18'32"W 222.56' .rt.` `1-b 4` • r ,�" I� F�� fir.
L10 NB4°16'32'W 166.36' �.-.7,c '- ,^ •5 v_5&'.s.` ;r? F . •
Y'°'e z RALPH MICHAEL RODAL&GRACE ANN RODAL � VICINITY MAP
L11 N38°39'19"W 304.94' f` " PIN: 9-��11 200 206 000-00b ;a r '"tl NOT TO SCALE
_r
L12 , N07°40'42"W 230.14' ",<:`. 9x�yrx, � pl?•� tjcE� r •it RALPH MICHAEL RODAL t--- PIL
,-;,,,A: ikelk�" �1fi7 xrwNr de ls..AYS"t y• r &GRACE ANN RODAL 1
L13 N05°37'38"E 58.54' "
', ,c -± is °.t a-' L11 2J} M. PIN 8917-12-000.126.001-029
' ! �i°„3s --k:. t . `1` i s f DOHERTY,INC.
) airy °_rr i fx # �.k .•. ?
PIN:89-17-12-300-105.000-029
PIN,-,• p %U�ae+r 4.2r � �lY''� 7� •`T- 'M •i
NOTES: ; L..%f} F'6 s,4t,it-rw rt" r. 0, •/ : I P
THIS DRAWING WAS -- —_PA_ 'f`r'' (W'a Sytl�`L l•�ta-r,7 .i ;., / /G
PREPARED FOR THE LIMITED .. ,
USE OF AEP INDIANA %a 1 P�fA'Viy' ,etdia!1 ,�®,• EASEMENT AREA
MICHIGAN TRANSMISSION DANIEL E.&LISA L. ; �,+"y'
PIN:89-17-11�D0� �1 r e,y i t "". V -4 ss •. CONTAINING 1.600 ACRES
COMPANY, INC. FOR I s¢ i,ri s t
EASEMENT PURPOSES ONLY .1,t r 3b':j - 1. 1.600 EXISTING EASEMENT AREA
AND IS NOT INTENDED TO --PA_ 4�` ° -�' 4� '`'� .0.000 NEW EASEMENT AREA
REPRESENT A COMPLETE x "? 4 4 (EASEMENT LENGTH= t589.5')
SURVEY OF THE PROPERTY. cr;� y *als. tr'F ,Ac __
ROAD RIGHT OF WAY WIDTHS / r I
PER COUNTY ENGINEER OR „a a . �-5g>� `w`��'� PROPERTY OWNER:
INDOT UNLESS OTHERWISE ,k �; �.:.47 '"� • ° •CIVIL CITY OF RICHMOND,INDIANA
v ) l'Iti"fr-la r.g .f 1 sr '- BOOK290,PAGE 418 2 ly 9NOTED. M 1+ +Yi� S w •5t &BOOK 290,PAGE 471 �I ®if
4� ' f&1!
. r f s,.4 .g 8.028 AC.TRLAND OWNERSHIP p' ' � `. 4• ' i;� >x S' E. t*' 860:,, 2�� r ;^q ' •,} ` 05U a '�'t� '1. ,, (�2`�.•.., �' �:-.2 =V
SURVEY COMPANY. o• 1� is 1-�i• a' '• i l� A'o
II"nj
BEARINGS SHOWN HEREON TEST zlit4. ®° ?^'*".' IR/W z
ARE BASED ON THE INDIANA O
STATE PLANE COORDINATE GSl ROAD - •,;.h o� L10 ., L9 _e pci
SYSTEM,EAST ZONE(NAD 83). (50'RM/) �F ci-lf t
MELVIN&LINDA BOND " m o -o .�, e�'3' 4,eo e•„ ` 'E[4 4 ,
PIN:89 17-11-400-403.000-004 + p�vo. ..rA rc.}r L 4yQ"o)"'` kx"c i P.O.R
0 200 300 400 1 E
`2 o) o`1,, 71-'v - -s ` .4 SE PROP.COR.
47,2 v ,h0 r v'" 7,:I a!
� - O � rs� w ' - ® !ill SALISBURY
so Ve c A ,S• r '1�i - WII LIAM L.TOWNSEND
� ,c . ,-.a rI ri r ® �® &MILDRED L TOWNSEND
1 inch= 200 $. a' i , e` .. .. a ;®,- ••Z PIN:89-17-12-30D-215.000-028
LEGEND
•
P.O.B. POINT OF BEGINNING
P.O.R. POINT OF REFERENCE
R.P.T. REFERENCE POINT TIE-DOWN
— • — RIGHT OF WAY LINE
—RAN— ROAD RIGHT OF WAY LINE BRIAN P.LIEBERG DATE
LS-20800148
—PIL— PROPERTY LINE
l•-•—•—..-1 NEW EASEMENT AREA SURV PROJ.#:1902011
LINE NAME:DELAWARE-COLLEGE CDRNER
• NEW LINE NUMBER:TLN120:95-025
Rev.2 SCR 10-26-2020 EASEMENT NUMBER:278E
Rev.1 BKG 12-12-2019
1. „��;y!„,} AEP INDIANA MICHIGAN TRANSMISSION COMPANY,INC.
il•W ♦,6� �' EASEMENT ACROSS THE LANDS OF
60, L« � `.• CIVIL CITY OF RICHMOND,INDIANA
CONTAINING±1.600 ACRES
2303 Pipestone Road,Benton Harbor,MI 49022 269.927.0100
433 East Ransom Street,Kalamazoo,MI 49007 269.327.3532 SITUATED IN THE STATE OF INDIANA,
1670 Lincoln Road,Allegan,MI49010 269.673.8465 COUNTY OF WAYNE,TOWNSHIPS OF CENTER&WAYNE,
www.gowightman.com LOCATED IN FRACTIONAL SECTION 11&SECTION 12,T.13 N.,R.2 W.
DRAWN BY: BKG CHECKED BY: SCALE: 1"=200' DATE:11/19/2019 FILE: SHEET: 1 of 2
tl ..°...... A e.n ...® I
•
NCR 99 a r. .,. ...., ... .. . 'JUA 10 1959
5125
arrantp eeb
THIS INBENTusa Wnwass TR,Thal Martha Jane Shackles and Samuel J. Shackles,
her husband,
of Wayne County,in the Slate of Indiana Convoy and Warrant
Civil City of Richmond, Indiana,
of Wayne County,in the State of Indiana ,far and in consideration of the aunt of
One (61.00) Dollar and other valuable considerations
the receipt whereof Is hereby acknowledged,the following descrlbed Beal Estate in Wayne County,
in the Stole of Indiana,loath
"Being a part of the West Fractional Half of Section Twelve (12), and
a part of the Fractional Section Eleven (11) of Township Thirteen
(13) North, Range Two (2) West, First Principal Meridian, Wayne Town-
ship, Wayne County, State of Indiana, and being more particularly
described as follows:
Assuming the Greenville Treaty Line to have a bearing North Eleven
(11) degrees Thirty (30) Minutes East; thence commencing at a marked
stone on said Treaty Line, said stone marking the intersection of said
Treaty Line end the centerline of Test Road if the same were extended
Westerly; thence South Eighty-four (8((.) des'eed Eight (08) Minutes
East Six hundred sixty-four and forty-one hundredths (664.41) feet to
an iron in the centerline of Test Road and to the true place of
beginning of the land hereby described; thence North Nineteen (19)
degrees Forty-one (41) minutes Thirty (30) Seconds East, Five hundred
fifteen and forty-eight hundredths (515.0) feet to an iron; thence
North Eighty-four (6I) der}'ees Eight (06) Minutes West, Five hundred •
(500) feet measured on a line parallel to the centerline of Test Road
to an iron; thence South Five (5) der 'ees Fifty-two (52) minutes West,
Five hundred end fifty-two hundredths (500.52) feet to an iron in the
centerline of Test Road; thence South Eighty-four (84) degrees Eight
(08) minutes East, Three hundred seventy-six and ninety-one hundredths
(376.91) feet to an iron and to the true place of beginning. Contain-
ing Five and thirty-eight thousandths (5.038) acres, subject to a
legal highway along the south side thereof."
SUBJECT to the taxes of 1959 payable in 1960.
sommra-currl eo •
( riI
31;./
nmvancmct i
330 m. '
IN WITNESS WHEREOF,The raid Martha Jane Shocicles and Samuel J. Shecklas,
her husband,
Have hereunto rat thleirr it yna S�� and seals hit 29 day ofJ��D May Ig 59. •
. CN_G.CIr '�lt'i !(Sew) ..-_di...o...t.(0. s7ff•t1�.� (Saar.)
(Martha Jane Shackles) (SeaW _(Samuel J. Shackles) (Sam)
(Stu) (Stu)
STATE OF INDIANA, WAYNE County,u:
Before me,the andwoigned,a Notary Public in and far raid County and Slate,personally appeared the within named
Martha Jane Shecklas and Samuel J. Shackles, her husband
who acknowledged the execution of the foregoing Seed to be their voluntary act and deed.
WITNESS,.my hand and real this 29 doy of ----� Nay, 5959.
:My eommtrelamespfes___JBnuany 7-r.,1v.63_
;•;.i / Notary PuhOe .Eai'R1 Rl o5bi-
.: JOIj•1107559 04,4 A.WILLIAM KING,JR.,R.N.C.)
peprdcd,�: at_�'L2_o'clock
•
EXHIBIT 2. PAGE 1 OF.3
DE$P OF EASEMENT o/ Name and Addre.e ° �� , No 272/& 27R�{'. . 1476
+�f� Form No.2•A—L G.S. f.� s p•No
' r, AittiM .:�: No.
d / lu
Ethel M. & GeO. �1 1r1. Charge G.2...rU.O. 111.Q:..15.9./A,972,
Miller
at,-th Jri p tun., made this__ _ ___...-day of_7 _---•--_.--._ _ __ AAP
by and between._ _ _ __..._
his wife, {ets.watworittott) of the County of._.. . ___ __ ___—_____.____, in the State of Indiana,
part,_ of the first part, and INDIANA GENERA SERVICE COMPANY, a corporation organ-
ized and existing under the laws of the State of Indiana,party,of the second part.
•
• ittteliati): That for and in consideration of the sum of One Dollar in hand paid to the party 49of
the first part by the party of the second part, the receipt of which is hereby acknowledged,said part!!4
of the first part hereby grant ,bargain ,sell ,convey , and warrant to the party of the second
part,its successors and assigns forever,a right of way and easement with the right, privilege and au-
thority to said party of the second part, its successors, assigns, lessees, and tenants to construct, erect,
operate and maintain_ft____line of towers and wires for the purpose of transmitting electric or other
power, including telegraph or telephone wires in,on,along,over,through or across the following describ-
ed lands situated in__.______Qeni er_ Pr Vfayn e_...____._. ___._._____—__.__.______Township, in th
Pla ne 27-�11l h12
County of____._`�_.___ _______________._..__ in the State of Indiana., and part of Section No.____.16
Township No161T_15iand Range Nola. 7:_2Land bounded: -
On the North by the lands of__.Russell & B.. Karn - B. Behnen - John W. Baumer
On the East by the lands of" _q. Dehnen = k. & H. Kramer - JohnYi, BEIUM .! Frank
On the South by the lands of_.n ti, C. pa.rdi ck - Perry & Laura Bennet-
Faate -Bc-Itila ry-E ..zeC s?ta-- — -E t}vf' 3—� e :� t s g.ac
On the West by the Iands of tlog=—
• E. L. Lovell - 0. B. Caskey - .James . M. &. Rosalie E.
White - V. & M. Crocker
Being 54 acres in the central part of' the east half of section 27 - also
49.39 acres in the center of section 11 - also 31:_5acres off of the west ha'
of the west half of the southwest quarter of section 12 and 40 acres off o:
TOGETHER with the right to said party of the second part,its successors and assigns, to place, erect, maintain,
inspect, add to the number of,and relocate at will,towers,crosserms or fixtures, and string wires and cables, adding..,,m
thereto from time to time across,through or over the above described preanises, to cut end,at its option, remove from-y:5 O ks'
said premises or the premises of the parties of the first part adjoining the same on either side, any trees, overhanging C CD
branches or other obstructions which may endanger the safety or interfere with the use of said towers or fixtures or wired'k+�+
attached thereto or any structure on said premises,and the right of ingress and egress to end over said above describedtl l'
premises,and any of the adjoining lands of the parties of the first pert,at any and all times,for the puxipeso of patrol' C
mg the line,of repairing, renewing or adding to the number of said towers,structures,fixtures and wires,and for doEL m
• ing anything necessary or useful or convenient for the enjoyment of the easement herein granted,also the privilege ofzp 0.
removing at any time any or all of said improvements erected upon,over,or on said land,together with the rights,ease
ments, privileges and appurtenances in or to said lands which may be required for the full enjoyment of the rights in p'
herein granted; provided however, the said INDIANA GENERAL SERVICE COMPANY, its successors orb'c a
ilae/us shall further ay to e/ua or pay/our heirs or assigns,the sum of—__._._$50.00.__ _—._..for each towe€'
erected on said lands,hereinbefore described from time to time,whenever and as soon as any towers are erected thereon`
Grantee will immediately repair or replace all fences,gates, drains'and ditches injured or destroyed by it on said premises m cr
or pay Grantor all damages done to the fences,drains, ditches,crops and stock on the premises herein described, caused��,mj FCy
by the construction,operation and maintenance of said lines. All claims for damages caused in the operation and main-
tenance of said lines,shall be made at the office of the Grantee at 21 South First Street, Newark, Ohio, or mailed to P.o o cr
O. Box 911, Newark, Ohio, within thirty days after such damages accrue. If Grantor and Grantee cannot agree on F y'-t 0-
the amount of damages,the same shall be arbitrated. Any trees cut will be paid for by Board Measure,using Scribner's CD
Lumber Rules,at the market price in vicinity,and this indenture contains all agreements, expressed or implied, between c-to
the parties hereto. r n O
ten Eau and to wind the same unto said party of the second part, its uccessors and assigns.
• o
31tt ii fitness 31111yeiecf the partP.B f the first part ham hereunto set hand the day andct
,
year first above written. a a
Signed and Acknowledged in the presence of $.L _ '"'
�.,, )•►.. I ry 1 111 :--- m M
y CD
•
rl
Cn
1 EXHI®IT PAGE D- OF ,.3
2. . .,1 3J`id 118IHX3
•
! : 8 ® I ; S
IJ `� PU CD_ ! ! : I sE. i II 0 I
:�.� , c 5� I ! Aa i !
s 1 � _ f � I
Sj U‘: 4 w4 • 1 I T- f.,--4 de:, j t
4
u� t P. p s A
°
tk-J,,ibot ; wp
t 1, - - ti t I
cii ill
(1--""--47-.61
lili —'. >, I g 1 m 1
t t . , • II. 4 1 iA
i, ,t,,, j i ! IS I �'I. j i 1 I +' j � .i
.4. . z4
1 -,,, I
•
i •, .-0 . 1 . 1 j
1 I 113 •j ! i !T
g 'Id 4 ,,,.. Lip-. .,., ,•.
§ , i. , , 5 g i .
. ..,:,sd
4.
o 4-1, I. o w I\ ff Io: ,o Ii 1 ro i I
i ! I ' � g I I ' r
d I� ' p ! I > o
,.,
o a I'
4 ,..
0 A I cK
. ! t
. -P ! tA !4-a N• 41I
1 jio
d I ! o W , �N j °'ifi7g '
y 14tI
.0 .5 + •8 r4 , ..' � `.``.8 ! r1\[
i! � W'in
U m Sid
0Ivim gi, , • � I II
" Ihiji
I
! � ,�
.:4A 6. ° ° � ° I A °
0. R
ya. j n E. i 41 w _
FR cti =l . U ul ? W hJ . 4q ,, 0 p o U
•