HomeMy Public PortalAbout009-2021 - Transfer of utility easement on SW G Street IAW BOARD OF PUBLIC WORKS & SAFETY
CITY OF RICHMOND,INDIANA
RESOLUTION NO. 9-2021
A RESOLUTION TO APPROVE THE TRANSFER OF A PERMANENT
RIGHT-OF-WAY UTILITY EASEMENT
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, The City is the owner of certain real estate located on Southwest "G" Street
identified with State Parcel ID Number 891805320511000030 (hereinafter "SW
G Street property" or "property") which is property which is also adjacent to the
bridge known as the South G Street Bridge over the East Fork Whitewater River
and which property is adjacent to a pumping station owned by Richmond Water
Works Corporation d/b/a Indiana American Water Works (hereinafter "IAW');
and
WHEREAS, JAW wishes to undertake certain improvements associated with installing a water
main and associated with electric distribution upgrades for the pumping station
and JAW is seeking an easement from the City to replace overhead wiring with
underground conduits, adding portable energy generators, and adding other
permanent electrical gear to support the upgrades and water main installation; and
WHEREAS, The permanent easement area is outlined in the Utility Easement documentation
prepared by the engineering firm for JAW referencing the power system upgrades
and the easement area is to be granted as described, situated, and shown within
the attachment to this Resolution, as said easement area description is also
attached to the proposed Utility Easement, attached hereto as Exhibit A, and
incorporated herein by reference, and which easement area contains a total of
0.096 acres,more or less; and
WHEREAS, After careful consideration, it is in the best interest of the City of Richmond to
proceed with the approval of the permanent easement areas for the property and
proposed Utility Easement.
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 permanent right-of-way
easement area as said area is outlined in the documentation prepared by the engineering firm for
Page 1 of 2
Indiana-American Water Company and as shown within the attached proposed Utility Easement
documentation designated as Exhibit A to this Resolution.
NOW, THEREFORE, BE IT ALSO RESOLVED by the Board of Public Works and Safety that
the Mayor,David M. Snow, Vicki Robinson, President of the Board of Public Works and Safety,
Emily Palmer, Member of the Board of Public Works and Safety, and Matt Evans, Member of
the Board of Public Works and Safety, shall be authorized to execute the Utility Easement
documents prepared and submitted by Indiana-American Water Company through its
engineering firm as previously reviewed by the Richmond Law Department and the Richmond
Engineering Division.
Passed and adopted this day of be/r 2021, by the Board of Public
Works & Safety.
14e4./ed/(-1/i/a974'/
Vicki Robinson,President
C �
milt' er,Member
Matt Evans,Member
APPROVED:
B i ,Mayor
David M. S ow
Page 2 of 2
4
UTILITY EASEMENT
THIS INDENTURE,made this day of ,2021,by and between the City of
Richmond,Indiana,a municipal corporation,by and through its Board of Public Works and Safety(hereinafter
"Grantor")and INDIANA-AMERICAN WATER COMPANY,INC., a corporation organized and existing under the
laws of the State of Indiana,having an office for the transaction of business at 153 North Emerson Avenue,
Greenwood,Indiana,46143 (hereinafter"Grantee").
WITNESSETH
The Grantor, in consideration of the covenants and agreements hereinafter recited and the sum of One
Dollar($1.00)and other good and valuable consideration,the receipt of which is hereby acknowledged,does hereby
sell,give,grant and convey unto the Grantee,its successors and assigns,forever,an easement in,under,across and
over the real estate of the Grantor,situated in Wayne County,Indiana, more particularly described on Exhibit A and
as shown on the sketch,Exhibit B,both attached hereto and made a part hereof,for the purpose of installing,laying,
operating,maintaining,inspecting,removing,repairing,replacing,relaying and adding to from time to time water
pipe or pipes,together with all necessary fittings,valves,hydrants,meters,appurtenances and attached facilities,
including service lines of its customers,service pipes and laterals and connections for the transmission and
distribution of water.
Together with the right to the Grantee,its successors and assigns,to use reasonable additional space
adjacent to the above described easement as may be required during the periods of construction and maintenance to
(i)enter in and upon the real estate described above with men and machinery,vehicles and material at any and all
times for the purpose of installing,maintaining,repairing,renewing or adding to the aforesaid water pipe lines and
attached facilities,(ii)remove trees,bushes,undergrowth and other obstructions interfering with the activities
authorized herein,and(iii)for doing anything necessary,useful or convenient for the enjoyment of the easement
herein granted.
The right of the Grantor to freely use and enjoy its interest in the real estate is reserved to Grantor,its
successors and assigns insofar as the exercise thereof does not endanger or interfere with the construction,operation,
and maintenance of Grantee's water pipe lines and attached facilities, except that no building,structure or similar
improvements shall be erected within said easement,nor shall the grade or ground cover over Grantee's facilities be
substantially altered,without the consent of the Grantee. Notwithstandjng the foregoing,no other pipes or conduits
EXHIBIT it PAGE ( OF 5
Rev.07/10/2020
a
shall be placed within ten(10)feet,measured horizontally,from the said water pipes except pipes crossing same at
right angles,in which latter case,a minimum distance of two(2)feet shall be maintained between the pipes. All
sewer pipe shall be laid below the water pipes. No excavation or blasting shall be carried on which in any way
endangers or might endanger the water pipe lines and attached facilities.
TO HAVE AND TO HOLD the above granted easement unto the same Grantee,its successors and
assigns forever.
The Grantee agrees,by the acceptance of this easement that,upon any opening made in connection with
any of the purposes of this easement,said opening shall be back lied and resurfaced to as nearly as possible the
same condition as existed when said opening was made,provided that Grantee shall not be obligated to restore
landscaping,other than reseeding any grass which was removed upon entry,all such work to be done at the expense
of the Grantee.
Grantor warrants and will defend title to said easement during its existence with Grantee,its successors and
assigns,for the use and benefit against all parties whomsoever. Grantor acquired title to said real estate on which
the easement is located by deed recorded in Deed Book 182 Page 321 or as Instrument No. in the
Office of the Recorder of Deeds for Wayne County,Indiana.
IN WITNESS WHEREOF,the Grantor has duly executed this INDENTURE,all as of the day and
year first above written.
EXHIBI"`
Rev. 07/10/2020
CITY OF RICHMOND,INDIANA,by:
Board of Public Works and Safety
(Signature) (Signature)
Vicki Robinson,President Emily Palmer,Member
(Printed Name,Title) (Printed Name,Title)
(Signature)
Matt Evans,Member
(Printed Name,Title)
STATE OF INDIANA )
)SS
COUNTY OF )
On this day of , 2021, before me, a Notary Public in and for said County and State,
personally appeared Vicki Robinson, Matt Evans, and Emily Palmer, members of the Board of Public Works &
Safety for the City of Richmond, Indiana, to me known to be the persons described in, and who executed the
foregoing instrument and acknowledged that they executed the same as their free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above
written.
My commission expires: January 18, 2028
Notary Public
Residing in Wayne County Mnn i r a .T. R„r„a
Printed Name
This Document was prepared by the Legal Department of Indiana-American Water Company,Inc., 153 North
Emerson Avenue,Greenwood,Indiana 46143. David L.Pippen,Vice President Legal and Corporate Secretary for
Indiana-American Water Company,Inc.hereby acknowledges that reasonable care has been taken to redact any
Social Security Numbers from this document. When recorded,please return to
at Indiana-American Water Company,Inc., 153 North Emerson Avenue,
Greenwood,Indiana 46143.
EXHIBIT 4- PAGE 3 OF S I
Rev.07/10/2020
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