HomeMy Public PortalAbout004-2022 - Granting Supplemental Easement and Right of Way to Indiana Michigan Power Co. (AEP) - 3 Properties tN
,\
BOARD OF PUBLIC WORKS & SAFETY
/ CITY OF RICHMOND,INDIANA
RESOLUTION NO. 4-2022
A RESOLUTION AUTHORIZING THE GRANT OF A
SUPPLEMENTAL EASEMENTS
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 New Paris Pike Landfill is a waste disposal site operated by the Richmond
Sanitary District which also operates on City property located at State Road 121
(New Paris Pike); and
WHEREAS, The City is the owner of three specific parcels of real estate described in the attached
Exhibits, which are discussed in further detail below and which are incorporated.
herein by reference, upon which properties exist three (3) easements 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 which easements exist for
the purpose of supply connection; and
WHEREAS, AEP is seeking a supplemental easement and right of way in accordance with the
attached Exhibit A, consisting of approximately 0.498 acres, and which adds
approximately 0.195 acres of new easement area to its original easement located at
6212 Hodgin Road, which is the location of an RP&L Substation, known as "Parcel
61," in order to allow for any appropriate updates to lines, equipment, and fixtures
within the easement area; and
WHEREAS, AEP is also seeking a supplemental easement and right of way in accordance with the
attached Exhibit B, consisting of approximately 4.842 acres, and which adds
approximately 0.051 acres of new easement area to its original easement located at
5242 State Road 121, which is the location of the New Paris Pike Landfill, known as
"Parcel 77," in order to allow for any appropriate updates to lines, equipment, and
fixtures within the easement area; and
WHEREAS, AEP is also seeking a supplemental easement and right of way in accordance with the
attached Exhibit C, consisting of approximately 4.640 acres of original easement
Page 1 of 2
I L
located on property adjacent to 5242 State Road 121, known as "Parcel 78," 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, Exhibit B, and Exhibit C.
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of Richmond,
Indiana, that said Board hereby approves of the grants of the supplemental easements and easement
areas as the same are 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, Exhibit B, and Exhibit C to this Resolution.
NOW, THEREFORE, BE IT ALSO RESOLVED by the Board of Public Works and Safety that
David M. Snow as the Mayor of the City of Richmond, Indiana, shall be authorized to execute the
Supplemental Easement documents as previously examined by the Richmond Law Department and
the Richmond Engineering Division, and as also reviewed and approved by representatives of
Richmond Power and Light, and the Mayor shall also be authorized to execute any additional
easement payment schedules or other documents as necessary in connection with the proposed
supplemental easement.
Passed and adopted this /01 day of /10/-ai 2022, by the Board of Public Works &
Safety.
/%l�✓ 4
/60/61-4-aat
Vicki Robinson,President
Emily Palmer,Member
Matt Evans,Member
APPROVED:
Af
By: / - , Mayor
Dad M.
Page 2 of 2
i
Line Name: College Corner-Randolph
Line No.: TLN385:95178 Easement No.: 61
SUPPLEMENTAL EASEMENT AND RIGHT OF WAY
On this day of , 2022, City of Richmond, Indiana, whose address is 50 N.
5th St.,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, Southeast Quarter section, Section 1, Township No. 13 North, Range
No. 1 West, Tax Parcel Number 89-18-01-000-406.000-030 in that certain document, dated
07/12/1967 recorded in Deed Book 335, Page 173, 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 07/09/1951, and recorded in Deed Book 244,
Page 87, 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 insofar as it encumbers
such tract of real property owned by Grantor as more particularly described above.
Auditor/Key/Tax Number: 89-18-01-000-406.000-030
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:
•
JEXHIBIT A PAGE 1 OF 1 I
1 t
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 environmentally friendly 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 existing spare transformer and the
existing control house shall be exempt from any and all easement restrictions. Specifically, the
existing spare transformer and the existing control house may be rebuilt or reconstructed by
Grantor if necessary in Grantor's reasonable discretion.
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
2
EXHIBIT i\ PAGE Z. OF r1
1
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
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 in counterparts, each of which will be deemed an original, but
all of which taken together will constitute one and the same instrument.
Any remaining space on this page intentionally left blank. See next page(s) for signature(s).
3
EXHIBIT A PAGE 3 OF 1
IN WITNESS WHEREOF,the Grantor has executed this Easement effective the day,month and
year first above written.
GRANTOR
City of Richmond, Indiana
By: David M. Snow
Title: Authorized Signer
State of §
County of §
This instrument was acknowledged before me on the day of
2022, by David M. Snow, Authorized Signer of City of Richmond, Indiana, on behalf of said
agency.
Notary Public
Print Name:
My Commission Expires:
I am a resident of County,
Acting in the County of
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.
4
EXHIBIT Pc PAGE '1 OF `I
t
I k
3 '
EXHIBIT "A"
•
•
A 100 FOOT WIDE EASEMENT SITUATED IN THE SOUTHEAST QUARTER OF SECTION 1,TOWNSHIP 13 NORTH,
RANGE 1 WEST, CITY OF RICHMOND, COUNTY OF WAYNE, STATE OF INDIANA, BEING A PART OF THAT
PARCEL OF LAND GRANTED TO THE CITY OF RICHMOND,INDIANA,BY DEED BOOK 335,PAGE 173 OF THE
RECORDER'S OFFICE OF WAYNE COUNTY,INDIANA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL,ALSO BEING A POINT ON THE SOUTHERLY
LINE OF SAID SECTION 1 AND THE APPROXIMATE CENTERLINE OF HODGIN ROAD(50 FOOT WIDE
RIGHT-OF-WAY)(POINT OF COMMENCEMENT);
THENCE ALONG THE COMMON LINE TO THE SOUTHERLY LINE OF SAID PARCEL AND SAID SOUTHERLY LINE
OF SAID SECTION 1 AND SAID APPROXIMATE CENTERLINE,S 89°31'40"W,A DISTANCE OF 11.16 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID COMMON LINE,S 89°31'40"W,A DISTANCE.OF 100,03 FEET;
THENCE LEAVING SAID COMMON LINE AND THROUGH SAID PARCEL,THE FOLLOWING TWO(2)COURSES:
1.N 01°58'40"W,A DISTANCE OF 158.57 FEET;
2.N 03°32'08"E,A DISTANCE OF 58.21 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL;
THENCE ALONG SAID NORTHERLY LINE,N 89°29'49"E,A DISTANCE OF 100.25 FEET TO A POINT(REFERENCE
POINT TIE-DOWN),WHICH BEARS S 89°29'49"W,A DISTANCE OF 10.92 FEET FROM THE NORTHEAST
CORNER OF SAID PARCEL(POINT OF REFERENCE);
THENCE LEAVING SAID NORTHERLY LINE AND THROUGH SAID PARCEL,THE FOLLOWING TWO(2)COURSES: •
1.S 03°32'08"W,A DISTANCE OF 60.46 FEET;
•
2.S 01°58'40"E,A DISTANCE OF 156.39 FEET TO THE TRUE POINT OF BEGINNING,CONTAINING 0.498 ACRES
OF LAND,MORE OR LESS,OF WHICH 0.303t ACRES ARE IN EXISTING EASEMENT AREA AND 0.195t ACRES
ARE IN NEW EASEMENT AREA.
SAID EASEMENT BASED ON A SURVEY ENTITLED"INDIANA MICHIGAN POWER COMPANY,COLLEGE CORNER
-RANDOLPH ROUTE SURVEY"PERFORMED BY SAM,LLC FROM AUGUST TO DECEMBER 2019,AS RECORDED
AT THE RECORDER'S OFFICE OF WAYNE COUNTY,INDIANA,TO WHICH REFERENCE HERE IS MADE.
11111iI111lllllf/l///'����/
W < %,
.cr:r, No. •
t.�
20300063
% STATE OF 7
wiluiiltnnnliuo�
#DAM W.LONG DATE
REGISTERED LAND SURVEYOR No. 20300063
NOTES: SAM PROJ.it:51515 I
THIS DESCRIPTION WAS PREPARED FOR THE UNITED USE OF LINE NAME:COLLEGE CORNER-RANDOLPH
INDIANA MICHIGAN POWER COMPANY FOR EASEMENT PURPOSES EXISTING UNE NUMBER:TLN120:095009.
ONLY AND IS NOT INTENDED TO REPRESENT A COMPLETE NEW LINE NUMBER:TLN385:95178
SURVEY OF THE PROPERTY. ROAD RIGHT OF WAY WIDTHS PER .... •
COUNTY OR CITY ENGINEER,TOLL AUTHORITY OR INDOT EASEMENT NO:61
UNLESS OTHERWISE NOTED. SUPPLEMENT TO ORIG.ESMT.NO.32(WILLIAM G.WRIGHT,ET UX)
LAND OWNERSHIP INFORMATION IS PROVIDED BY O.R. COLAN
ASSOC. NO ADDITIONAL VERIFICATION HAS BEEN PERFORMED
BY SAM. LLC. INDIANA MICHIGAN POWER COMPANY
BEARINGS SHOWN HEREON ME BASED ON THE INDIANA STATE EASEMENT ACROSS THE LANDS OF
PLANE COORDINATE STSItM,EAST ZONE (HAD 83) CITY OF RICHMOND,INDIANA
929 Eaafivind Drive, CONTAINING0.498±ACRES
S ", Sul%West 201 SITUATED IN THE STATE T INDIANA,S1/4 COUNTY O WAYNE,, .I3CITY OF RICHMOND.
Westerville, Ohio 43081 LOCATED IN THE SE 1/40F SECTION 1,T-13N,R-1W
Oft: 614.899.0079
small: InfoOsamine.biz R DATE:10/11/2021I'E'" SHEET:1 OF
. - 83•18.01-000406.000-039
EXHIBIT 4 PAGE 5 OF Z
, ,
LINE TABLE EXHIBIT "A" �, .
r
... ._... P l i Rti
.
LINE BEARING DISTANCE
L1 S89'31'40"W 11.16' ' ''
rrPc
L2 S89431'40"W 100.03'
Sprir G ave ® -, ,i,-. , ,y
L3 NO1'58'40"W 158.57' Ct e C t
L4 NO3'32'08"E 58.21' hTTlon�f 40 �
RIc
!i
L5 N89'29'49"E 100.25'
" ,,, 27
L6 S03'32'08"W 60.46' I
SITE
L7 S01'58'40"E 156.39' r „
L8 S89'29'49'W 10.92' v _u LEED, -
VICINITY MAP (NTS)
KAREN BEISNER KIMBALL I
TRANSFER ON DEATH TO: 1 E . I 100'
KRISTYN L.KIMBALL AND 1 I
KATHRYN L.KIMBALL. i I R•P,T,i
ADJOINING LANDOWNER I
ST.ID:89-48-01-000-401.000.030 I, I. I L8.
R;-.. F IL5 I P;O:R.
( a NE PROP. COR,
CITY OF I
RICHMOND,INDIANA -1 I6:
D.B.335,PG.173 - -- -
1.49 AC.TR. h EASEMENT AREA
ST.ID:89-18-01- [ �. CONTAINING 0.498t TOTAL ACRES:
000-406.000-030 D.303±EXISTING EASEMENT AREA ACRES
100' I I 0.195±NEW EASEMENT AREA ACRES
a� I
o, (EASEMENT LENGTH=216.8't).....
reI-1L7
HODGIN ROAD ' I SE PROP. COR.
(50'R/W)
.—RM -EN R/W R/w— R ` R a A/W amamR/W--'
R R I r. 1 I R SE 1/4 S1-T13N-R1W
L2 NE 1�.T4 S.12?13N-R1W
�R/W R/W - R/e RM.--}--R_b. itv R/W R/W /M' R/W—
' L1 ��>< 11UAIIlI11Jt/!//
G.MCCORMICK FARM SERVICES,INC.. , I. I P.O.B-� \`\��OQM `.-§eL,„ 0l//�/��i
ADJOINING LANDOWNER I. I I I y agti FO le
ST.ID:89-16-12-0OG-201.000-0281 �` No. .,
i 1 i I = 120300063 i _
I , .1 I. }i STATE OF t
' 1 �:.
NO
AN"
THis�DESCRIPTION WAS PREPARED FOR THE LIMITED USE OF '�/`4',, "'A ,...k
INDIANA N Y AND IS
POWER COMPANY TP FOR EASEMENTNT A E PURPOSES //'/�/E � /pISiUN1."-'
SURVEY OF THE PROPERTY. ROAD RIGHT OF WAY WIDTHS PER
COUNTY OR CITY ENGINEER, TOLL AUTHORITY OR INDOT
UNLESS OTHERWISE NOTED. `///�� �Q�j���`�,��� A.
LAND OWNERSHIP INFORMATION IS PROVIDED BY O.R. COLAN �- L'�I 4 /U/t.S f W- (
ASSOC. NO ADDITIONAL VERIFICATION HAS BEEN PERFORMED - - --G
BY SAM, LLC. AOAM W. LONG - DATE --
REGISTERED LAND SURVEYOR No. 20300063
BEARINGS SHOWN HEREON ARE BASED ON THE INDIANA STATE 0 .100' 200'
PLANE COORDINATE SYSTEM, EAST ZONE(WAD 83) mm' '-
LEGEND ���
SAM PROJ.#:51515 I GRAPHIC SCALE
P.D.C. POINT OF COMMENCEMENT LINE NAME:COLLEGE CORNER-RANDOLPH
P.O.B. POINT OF BEGINNING EXISTING LINE NUMBER:TLN120:095009
P.O.R. POINT OF REFERENCE NEW LINE NUMBER:TLN385:95178
R.P.T. REFERENCE POINT TIE-DOWN EASEMENT NO:61
—•—•— —-—••— RIGHT-OF-WAY LINE .SUPPLEMENT TO ORIG.ESMT.NO.32(WILLIAM G.WRIGHT,ET UX)
R/'N ROAD RIGHT-OF-WAY LINE
I NEW EASEMENT AREA INDIANA MICHIGAN POWER COMPANY
EN.. a '771 EXISTING EASEMENT AREA EASEMENT ACROSS THE LANDS OF
R PROPERTY LINE (APPROXIMATE) CITY OF RICHMOND,INDIANA
929 Eostwlnd DHee, CONTAINING 0.498±ACRES
SA,', Westerville,
201 _ SITUATED IN THE STATE THE
SE 114 COUNTYSECTION
WAYNE,13 CITY OF RICHMOND.
Westerville, Ohio 43081 LOCATED IN THE SE 1140EONI T-13N,R-1W
Suite
Ole: 614.899.0079
email: Inteasaminc.blz SCALE:1'=100'DATE:10/1112021 1801 O6.W0-03D SHEET:2 OF 2
EXHIBIT A PAGE 6 OF 1
1 [
l
• I' ' 1�11 I r11 'i� I I'I
11 ( 1
,� „l I I, 1
IP
•ji : III
yp��- - ,i,i
r _.1�1(�Li_;
� i?,/\ ! Iodg4
"k r4 HODG.1N,: r \
Station.•
j `
*.�� r1f 'in 'B -
o
FUTURE DIST 1 1
ii___:.
'EXHIBIT 4 PAGE 1 OF
i f
Line Name: College Corner- Randolph
Line No.: TLN385:95178 Easement No.: 77
SUPPLEMENTAL EASEMENT AND RIGHT OF WAY
On this day of , 2022, City of Richmond,Indiana, whose address is 50 N.
5th St., 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, Wayne Township, Northwest Quarter section, Section 25, Township
No. 14 North, Range No. 1 West, Tax Parcel Number 89-16-25-000-101.000-028 in that certain
document, dated 12/21/1998 recorded in Instrument# 1998019611, document, dated 03/19/1987
recorded in Deed Book 444, Page 8, and another document, dated 01/07/1981 recorded in Deed
Book 412, Page 504, 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 06/20/1951, and recorded in Deed Book 243,
Page 231, 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 insofar as it encumbers
such tract of real property owned by Grantor as more particularly described above.
Auditor/Key/Tax Number: 89-16-25-000-101.000-028
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").
1
EXHIBIT 6 PAGE I OF ci
I , L
The Easement is also supplemented by the addition of the following language:
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 environmentally friendly 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
2
/EXHIBIT 8 PAGE t OF 1
s
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
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 in counterparts, each of which will be deemed an original, but
all of which taken together will constitute one and the same instrument.
Any remaining space on this page intentionally left blank. See next page(s) for signature(s).
3
'EXHIBIT ( PAGE OF °f
IN WITNESS WHEREOF,the Grantor has executed this Easement effective the day,month and
year first above written.
GRANTOR
City of Richmond, Indiana
By: David M. Snow
Title: Authorized Signer
State of §
County of §
This instrument was acknowledged before me on the day of
2022, by David M. Snow, Authorized Signer of City of Richmond, Indiana, on behalf of said
agency.
Notary Public
Print Name:
My Commission Expires:
I am a resident of County,
Acting in the County of
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.
4
EXHIBIT PAGE OF or
•
EXHIBIT "A"
A 100 FOOT WIDE EASEMENT SITUATED IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 14
NORTH,RANGE 1 WEST,CITY OF RICHMOND,COUNTY OF WAYNE,STATE OF INDIANA, BEING A PART OF
THAT PARCEL OF LAND GRANTED TO THE CITY OF RICHMOND, INDIANA, BY INSTRUMENT NUMBER
1998019611, DEED BOOK 444, PAGE 8,AND DEED BOOK 412, PAGE 504 OF THE RECORDER'S OFFICE OF
WAYNE COUNTY,INDIANA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST OF SAID CITY OF RICHMOND,INDIANA PARCEL,ALSO BEING A POINT ON
THE EASTERLY LINE OF SAID NORTHWEST QUARTER OF SECTION 25(POINT OF COMMENCEMENT);
THENCE ALONG A SOUTHERLY LINE OF SAID PARCEL,N 89°39'43"W,A DISTANCE OF 157.64 FEET TO THE
TRUE POINT OF BEGINNING OF SAID EASEMENT;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE,N 89°39'43"W,A DISTANCE OF 100.14 FEET;
THENCE LEAVING SAID SOUTHERLY LINE AND THROUGH SAID PARCEL,THE FOLLOWING TWO(2)COURSES:
1.N 02°39'28"W,A DISTANCE OF 617.42 FEET;
2. N 00°29'19"W,A DISTANCE OF 1,491.82 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL,
. ALSO BEING THE NORTHERLY LINE OF SAID NORTHWEST QUARTER;
THENCE ALONG SAID NORTHERLY LINES, S 89°44'30" E, A DISTANCE OF 100.01 FEET TO A POINT
(REFERENCE POINT TIE-DOWN), WHICH BEARS N 89°44'30"W, A DISTANCE OF 187.83 FEET FROM THE
NORTHEAST CORNER OF SAID PARCEL,ALSO BEING THE NORTHEAST CORNER OF SAID NORTHWEST
QUARTER(POINT OF REFERENCE);
THENCE LEAVING SAID NORTHERLY LINES AND THROUGH SAID PARCEL, THE FOLLOWING TWO (2)
COURSES:
•
1.S 00°29'19"E,A DISTANCE OF 1,488.63 FEET;
2.S 02°39'2B"E,A DISTANCE OF 620.76 FEET TO THE TRUE POINT OF BEGINNING,CONTAINING 4.842 ACRES,
MORE OR LESS,OF WHICH 4.791±ACRES ARE IN EXISTING EASEMENT AREA AND 0.051±ACRES ARE IN NEW
EASEMENT AREA.
SAID EASEMENT BASED ON A SURVEY ENTITLED"INDIANA MICHIGAN POWER COMPANY,COLLEGE CORNER
-RANDOLPH ROUTE SURVEY"PERFORMED BY SAM,LLC FROM AUGUST TO DECEMBER 2019,AS RECORDED
AT THE RECORDER'S OFFICE OF WAYNE COUNTY,INDIANA,TO WHICH REFERENCE HERE IS MADE.
•
•
wvvvyvv'\',ySlIII1114/I%///�/��
• ‹)AM sre,
TA Fo;
r No,
20300063
STATE OF
le�Zj/2Zt
l///jj�lJllflll itl[11111��1�\\\ ADAM W. LONG DATE
REGISTERED LAND SURVEYOR No. 20300063
NOTES: SAM PROJ.#:51515 I.,
UNE NAME:COLLEGE CORNER-RANDOLPH
THIS DESCRIPTION WAS PREPARED FOR THE UNITED USE OF EXISTING UNE NUMBER:TLN120:095009
INDIANA MICHIGAN POWER COMPANY FOR EASEMENT PURPOSES ONLY AND IS NOT INTENDED TO REPRESENT A COMPLETE NEW UNE NUMBER:.TLN385:95178
SURVEY OF THE PROPERTY. ROAD RIGHT OF WAY WIDTHS PER EASEMENT NO:77
COUNTY OR CITY ENGINEER,TOLL AUTHORITY OR INDOT SUPPLEMENT TO ORIG.ESMT NO.44A(CHARLES G.DEBOLT,ET AL)
UNLESS OTHERWISE NOTED. AND NO.45A(EMMETT W.PARRISH,ET UX)
.__. ...
LAND . NO OWNERSHIP INFORMATION IS PROVIDED BY O.R. RMEN REVISED:1 012012 0 21(JFP)
ASSOC. NO ADDITIONAL VERIFICATION HAS BEEN PERFORMED
BY ' LLC. INDIANA MICHIGAN POWER COMPANY
BEARINGS SHOWN HEREON ARE BASED ON THE INDIANA STATE
PLANE COORDINATE SYSTEM,EAST ZONE(PAD 83) EASEMENT ACROSS THE LANDS OF
CITY OF RICHMOND,INDIANA
929 Eoelwtnd Drive, CONTAINING 4.842_+ACRES
5,4k��, Suite 201 t SITUATED IN THE STATE OHE O COUNTY OFWAYNE,CITY W RICHMOND.
W0/ 514.8 9Ohlo.00 43081 LOCATED IN THE NW 1/4 OF SECTION 25,T-14N,R-1W
0h: 614.899.0079
smell:InfoOoominc.blz DATE:8/312021_69.162500010Lp0p-028,SHEET:1 OF 4
EXHIBIT b PAGE S OF `1
EXHIBIT "A" h41dr ooror
�
UNE TABLE
UNE BEARING DISTANCE
: s
Li N89'39'43"W 157.64' New p
L2 N89'39'43"W 100.14' Sprtl g(. ve $ITE( .
L3 NO2'39'28'W 617.42' G I Spf
,&,I hmond 40
L4 N00'29'19"W 1,491.82' ,t
3
L6 SOO'29'19"E 1,488.63' 27 c1 (IL;
L7 SOT 39'28"E 620.76'
VICINITY MAP (NTS)
MATCH LINE SHEET 3 OF 4
No.
,Y, .r
CITY OF RICHMOND,INDIANA 20300063 _
INST.NO.1998019611 c.'
D.B.444,PG.8 ` t
D.B.412,PG.504 ; 100' 1ti STATE OF r
131.650 AC.TR. ��t %. ,A„.. ASP.,/<
ST.ID;89-16 25 000-101.000-028 �� � SURv ��``��
1. 1 i�milli intai\\\
J J H h-
... .. -,. N N:.
EASEMENT AREA N
CONTAINING 4.842±TOTAL ACRES: a-v
4.791±EXISTING EASEMENT AREA ACRES, �\.
0.051±NEW EASEMENT AREA ACRES
(EASEMENT LENGTH=2,109.3'±) z z
P ,
P.O:B,1 .OQ,
SE PROP. COR.
R
L2 L1
CL'LY CONTRACTING
ACQUISITION,LLC,
`k-, AN INDIANA LIMITED a..
LIABILITY COMPANY,
R 1 ADJOINING LANDOWNER
I ST,ID:89-16-25-000-101.003-028
/ I
I
NOTES:
THIS DESCRIPTION WAS PREPARED FOR THE UMITED USE OF
INDIANA MICHIGAN POWER COMPANY FOR EASEMENT PURPOSES //
ONLY AND IS NOT INTENDED TO REPRESENT A COMPLETE /j 7S n
SURVEY OF THE PROPERTY. ROAD RIGHT OF WAY WIDTHS PER V Gii Z'/
COUNTY OR CRY ENGINEER,TOLL AUTHORITY OR INDOT 'ADAM W. LONG - DATE
UNLESS OTHERWISE NOTED. REGISTERED LAND SURVEYOR No.20300063
LAND OWNERSHIP INFORMATION IS PROVIDED BY O.R. COLAN 0 200' 400'
ASSOC. NO ADDMONAL VERIFICATION HAS BEEN PERFORMED NMI�taoTIMINME
BY SAM, U.C.
BEARINGS SHOWN HEREON ARE BASED ON THE INDIANA STATE SAM PROJ.if:51515 I GRAPHIC SCALE
PLANE COORDINATE bra LM, EAST ZONE (MD 83) UNE NAME:COLLEGE CORNER-RANDOLPH
LEGEND EXISTING LINE NUMBER:TLN120:095009
P.O.B. POINT OF BEGINNING NEW UNE NUMBER::TLN385:95178
P.O.C. POINT OF COMMENCEMENT EASEMENT NO:77
P.O.R. POINT OF REFERENCE SUPPLEMENT TO ORIG,ESMT.NO.44A(CHARLES S.DEBOLT,ET AL)
AND NO.45A(EMMETT W.PARRISH.ET UX)
R.P.T. REFERENCE POINT TIE—DOWN REVISED:10/20/2021(JFF)
—•— —•— RIGHT—OF--WAY LINE
( f NEW EASEMENT AREA INDIANA MICHIGAN POWER COMPANY
( •:`_ , 2L::• EXISTING EASEMENT AREA EASEMENT ACROSS THE LANDS OF
R- PROPERTY UNE (APPROXIMATE) CITY OF RICHMOND,INDIANA
SAff, 929 EasMlnd Drive, CONTAINING 4.842±ACRES
Suite 201 SITUATED IN THE STATE OF IN 1/4 COUNTY OFWAY NE,CITY W RICHMOND.
Westerville, Ohio 43051 LOCATED IN THE NW 1la OF SECTION 25,T-14N,R-1W
ON: 614.899.0079
email: InfoOsamine.biz SCALE:1'200' DATE:8/3/2021 89-1 fi-25-000-101 SHEET:20F4
.000-028
EXHiB3F. PAGE 6 OF A:.:
t_
A
EXHIBIT "A" •
1
LINE TABLE
LINE BEARING DISTANCE
L4 N00'29'19"W 1,491.82'
L6 SO0'29'19"E 1,488.63' _
it"
27
VICINITY MAP (NTS)
MATCH LINE SHEET 4 OF 4
tl
100
CITY OF RICHMOND,INDIANA II
INST.NO.1998019611
D.B.444,PG.8
D.B.412,PG.504 3 3
131.650 AC.TR. t Ce
ST.ID:89-16-25.000-101.000-028 '' I
ZZ
I I
J J IA fN7I
EASEMENT AREA `�
CONTAINING 4.842±TOTALACRES:
4.791±EXISTING EASEMENT AREA ACRES' ', 3 IA0.051±NEW EASEMENT AREA ACRES Z Z
(EASEMENT LENGTH=2,109.3'±)
.1111
NOTES: MATCH LINE SHEET 2 OF 4
THIS DESCRIPTION WAS PREPARED FOR THE LIMITED USE OF
INDIANA MICHIGAN POWER COMPANY FOR EASEMENT PURPOSES
ONLY AND IS NOT INTENDED TO REPRESENT A COMPLETE
SURVEY OF THE PROPERTY. ROAD RIGHT OF WAY WIDTHS PER
COUNTY OR CITY ENGINEER,TOLL AUTHORITY OR INDOT
UNLESS OTHERWISE NOTED.
LAND OWNERSHIP INFORMATION IS PROVIDED BY O.R. GOLAN :0 200' 400'
ASSOC. NO ADDITIONAL VERIFICATION HAS BEEN PERFORMED IIMINII-®
BY SAM, LLC. ._.
BEARINGS SHOWN HEREON ARE BASED ON THE INDIANA STATE SAM PROJ.it:51515 ( GRAPHIC SCALE
PLANE COORDINATE SYSTEM. EAST ZONE (NAD 83) LINE NAME:COLLEGE CORNER-RANDOLPH
LEGEND EXISTING LINE NUMBER:TLN120:095009.
P.O.B. POINT OF BEGINNING NEW LINE NUMBER:TLN385:95178
P.O.C. POINT OF COMMENCEMENT EASEMENT NO:77
P.O.R. POINT OF REFERENCE SUPPLEMENT TO ORIG.ESMT.NO.44A(CHARLES G.DEBOLT,ET AL)
AND NO.45A(EMMETT W.PARRISH,ET UX)
R.P.T. REFERENCE POINT TIE-DOWN REVISED:10120l2021(JFP)
— -RIGHT-OF--WAY LINE
NEW EASEMENT AREA INDIANA MICHIGAN POWER COMPANY
E :,r =<.. EXISTING EASEMENT AREA EASEMENT ACROSS THE LANDS OF
-R. PROPERTY LINE (APPROXIMATE) CITY OF RICHMOND,INDIANA
929 Eostwtnd Drive, CONTAINING 4.842t ACRES
SuiteWesterville.
201 :SITUATED IN THE STATE OF INDIANA,W COUNTY OF WAYN14 CRY OF RICHMOND.
Westerville, Oh10 43081 LOCATED IN THE NW 1/4 OF SECTION 25,T-14N,RAW
.,
0}e: 614.899.0079
email: InfoOsomine.blz SCALE:1'=200' DATE:8/3/2021 ' SHEET:3 OF4
69-1 G25-000-101.000 028
EXHIBIT to PAGE .1
-.OF 1'`-
EXHIBIT "A" 'F1 '
LINE TABLE
LINE BEARING DISTANCE
a t 3 +rd Pa
L4 N00'29'19"W 1,491.82'
- Spring Grave .(LtiaCIr, .I
L5 S89.44'30"E 100.01' ' $� ;
-� ( t r 40 .„C L:°
L6 S00'29'19"E 1,488.63' f�l 1 nl r,C' s
L8 N89'44'30"W 187.83' Y 27 1
1
VICINITY MAP (NTS)
I.
` 36
EE II
I I.4-',*¢
II I
Ci(;OF RICHMOND.INDIANA.P 1 WIC
AD,:iNING I.ANL)01/N. j I I\
ST.IC:89-16-24-000-303.000-028 I �I r
1 w
VIIIn P.O.R.
I NE PROP. COR.
f SE1/4
SW 1/4 S24—T14N—R1W L5 L8
R
NW S24NE1;�4R1W
1/4 S25—T14N—R1W
\R-P.T.I 3 3 S25—T1 4N—R1W
EASEMENT AREA cc
CONTAINING 4.842±TOTAL ACRES: z z.
4.791±EXISTING EASEMENT AREAACRES P.
0.051±NEW EASEMENT AREA ACRES I I
(EASEMENT LENGTH=2,109.3'±).. (-4 to(.4.. J N In IlT
CITY OF RICHMOND,INDIANA ..•.
INST.NO.1998019611 ti
D.B.444,PG.8 /"
D.B.412,PG.504 100' z z
131.650 AC.TR
ST.ID:89-16-25-000-101.000-028
MATCH LINE SHEET 3 OF 4
NOTES:
THIS DESCRIPTION WAS PREPARED FOR THE LIMITED USE OF
INDIANA MICHIGAN POWER COMPANY FOR EASEMENT PURPOSES
ONLY AND IS NOT INTENDED TO REPRESENT A COMPLETE
SURVEY OF THE PROPERTY. ROAD RIGHT OF WAY WIDTHS PER
COUNTY OR CRY ENGINEER,TOLL AUTHORITY OR INDOT
UNLESS OTHERWISE NOTED.
LAND OWNERSHIP INFORMATION IS PROVIDED BY O.R. GOLAN 0 200' 400'
ASSOC. NO ADDITIONAL VERIFICATION HAS BEEN PERFORMED 'limmimummim—.
BY SAM, LLC.
BEARINGS SHOWN HEREON ARE BASED ON THE INDIANA STATE SAM PROJ.#:51515 1 GRAPHIC SCALE
PLANE COORDINATE,TslLM, EAST ZONE(HAD 83) LINE NAME:COLLEGE CORNER-RANDOLPH
LEGEND EXISTING LINE NUMBER:TLN120:095005
P.O.B. POINT OF BEGINNING NEW LINE NUMBER:TLN385:95178.
P.O.C. POINT OF COMMENCEMENT EASEMENTNO:77
SUPPLEMENT TO ORIG.ESMT.NO..44A(CHARLES G.DEBOLT,ET AL)
P.O.R. POINT OF REFERENCE AND NO.45A(EMMETT W.PARRISH,ET WO
R.P.T. REFERENCE POINT TIE—DOWN REVISED:10/20/2021(JFP)
—•—•—•—•—•—RIGHT—OF—WAY LINE
(. (NEW EASEMENT AREA INDIANA MICHIGAN POWER COMPANY
`.
n7 ,,� EXISTING EASEMENT AREA EASEMENT ACROSS THE LANDS OF
R. PROPERTY LINE (APPROXIMATE) CITY OF RICHMOND,INDIANA
S , s29 Ecsfwlnd ErNe, CONTAINING 4.842.ACRES
Sulte 201 SITUATED IN THE STATE OF IN W 1/4 COUNTY OF W,T-14 CTTY OF RICRMCND.
Wet;E; e, od: 43081 LOCATED IN THENW tfa OF SECTION 2S T-14N,R-14V
Ofc: 614.899.0079 ... .._. ....
...II: InfoOscminc.blz SCALE 1'=200' DATE:8f3/2021 8916.25000.W1i006Q28 SHEET:4 OF 4
EXHIBIT tt PACE Ff OF I 1
i
J 1. 1.
tag a ���. !r a
"' r iA!
. .1 �¢'1✓.,. �rtrtY ..R 'v` '.,� ,? .. 1. {y~ h A
Ufa' _�, r 4"r4 �'" r "." •zti5fifi.' LM • ; a se 2 5 :
...„..,...,..,,t,,,..,... .,,,,,,t.„,. , , „ ,. . . ,„...,. • • ''
' `- .', ° a °fir m �� �� x °'-S^.--�� 'd �.' F a ; ,t 4 r -,may : ,,' , :, a
�' 'a "Y .'� `'•� � ;. 'err na { qf '° � �
a " a
AOtterf eld+
EXI�1BIT -PAGE -OF •q"LLz
Line Name: College Corner- Randolph
Line No.: TLN385:95178 Easement No.: 78
SUPPLEMENTAL EASEMENT AND RIGHT OF WAY
On this day of , 2022, City of Richmond, Indiana,whose address is 50 N.
5th St., 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, Wayne Township, Southwest Quarter section, Section 24, Township
No. 14 North, Range No. 1 West, Tax Parcel Number 89-16-24-000-309.000-028 in that certain
document, dated 12/21/1998 recorded in Instrument# 1998019611,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 07/02/1951, and recorded in Deed Book 243,
Page 373, 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 insofar as it encumbers
such tract of real property owned by Grantor as more particularly described above.
Auditor/Key/Tax Number: 89-16-24-000-309.000-028
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:
1
H BIT C PAGE \ OFq
• 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 environmentally friendly 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 C PAGE Z. Or °I
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 in counterparts, each of which will be deemed an original, but
all of which taken together will constitute one and the same instrument.
Any remaining space on this page intentionally left blank. See next page(s) for signature(s).
3
EXHIBIT C PAGE 3 Or�!
IN WITNESS WHEREOF,the Grantor has executed this Easement effective the day,month and
year first above written.
GRANTOR
City of Richmond, Indiana
By: David M. Snow
Title: Authorized Signer
State of §
County of §
This instrument was acknowledged before me on the day of
2022, by David M. Snow, Authorized Signer of City of Richmond, Indiana, on behalf of said
agency.
Notary Public
Print Name:
My Commission Expires:
I am a resident of County,
Acting in the County of
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.
4
`F.XHIEIT e PAGE '( OF s°
t-
EXHIBIT "A"
A 100 FOOT WIDE EASEMENT SITUATED IN THE SOUTHWEST QUARTER OF SECTION 24,TOWNSHIP 14
NORTH,RANGE 1 WEST,CITY OF RICHMOND,COUNTY OF WAYNE,STATE OF INDIANA,BEING A PART OF
THAT PARCEL OF LAND GRANTED TO THE CITY OF RICHMOND, INDIANA, BY INSTRUMENT NUMBER
1998019611 OF THE RECORDER'S OFFICE OF WAYNE COUNTY,INDIANA,MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID CITY OF RICHMOND PARCEL, ALSO BEING THE
SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 24(POINT OF COMMENCEMENT);
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL, ALSO BEING THE SOUTHERLY LINE OF SAID
SOUTHWEST QUARTER,N 89'44'30°W,A DISTANCE OF 187.83 FEET TO THE TRUE POINT OF BEGINNING OF
SAID EASEMENT;
THENCE CONTINUING ALONG SAID SOUTHERLY LINES,N 89°44'30"W,A DISTANCE OF 100.01 FEET;
THENCE LEAVING SAID SOUTHERLY LINES AND THROUGH SAID PARCEL, THE FOLLOWING THREE (3)
COURSES:
1.N 00°29'19"W,A DISTANCE OF 909.14 FEET;
2.N 00°33'34"W,A DISTANCE OF 800.04 FEET;
3.N 00°26'08"W,A DISTANCE OF 312.06 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL;
THENCE ALONG SAID NORTHERLY LINE OF SAID PARCEL,S.89'36'10"E,A DISTANCE OF 100.01 FEET TO A
POINT(REFERENCE POINT TIE-DOWN),WHICH BEARS N 89°36'10"W,A DISTANCE OF 219.08 FEET FROM THE
NORTHEAST CORNER OF SAID PARCEL,ALSO BEING A POINT ON THE EASTERLY LINE OF SAID SOUTHWEST
QUARTER(POINT OF REFERENCE);
THENCE LEAVING SAID NORTHERLY LINE AND THROUGH SAID PARCEL, THE FOLLOWING THREE (3)
COURSES:
1.S 00°26'08"E,A DISTANCE OF 310.49 FEET;
2.S 00°33'34"E,A DISTANCE OF 799.99 FEET;
3.S 00°29'19"E,A DISTANCE OF 910.51 FEET TO THE TRUE POINT OF BEGINNING,CONTAINING 4.640 ACRES,
MORE OR LESS,
SAID EASEMENT BASED ON A SURVEY ENTITLED"INDIANA MICHIGAN POWER COMPANY,COLLEGE CORNER
-RANDOLPH ROUTE SURVEY"PERFORMED BY SAM,LLC FROM AUGUST TO DECEMBER 2019,AS RECORDED
AT THE RECORDER'S OFFICE OF WAYNE COUNTY,INDIANA,TO WHICH REFERENCE HERE IS MADE.
\\\\\\\\\\\\\\11111111W I!(1l/4
20300063
STATE OF /
�171 AUE111\11" \\ ��(/1G Iv D rgJ2(,,/�OZ(
ADAM W. LONG DATE
REGISTERED LAND SURVEYOR No.20300063
NOTES: SAM PROJ.6:51515 I
THIS DESCRIPTION WAS PREPARED FOR THE LIMITED USE OF LINE NAME:COLLEGE CORNER-RANDOLPH
INDIANA MICHIGAN POWER COMPANY FOR EASEMENT PURPOSES EXISTING LINE NUMBER:T1N1120:095009
ONLY AND IS NOT INTENDED TO REPRESENT A COMPLETE
SURVEY OF THE PROPERTY. ROAD RIGHT OF WAY WIDTHS PER NEW UNE NUMBER:TLN385:95178
COUNTY OR CRY ENGINEER,TOLL AUTHORITY OR INDOT EASEMENT NO:78
UNLESS OTHERWISE NOTED. SUPPLEMENT TO ORIG.ESMT.NO.45A(EMMETT W.PARRISH,ET UX)
LAND OWNERSHIP INFORMATION IS PROVIDED BY O.R. COLAN
ASSOC. NO ADDMONAL VERIFICATION HAS BEEN PERFORMED
BY SAM,
LLC. INDIANA MICHIGAN POWER COMPANY
BEARINGS SHOWN HEREON ARE BASED ON THE INDIANA STATE PLANE COORDINATE STSItM, EAST ZONE(NAD 83) EASEMENT ACROSS THE LANDS OF
CITY OF RICHMOND,INDIANA
A
929 Easfr,Ind Ddve, CONTAINING 4.640±ACRES
s
. Weot 201 SITUATED IN THE STATE OF INDIANA COUNTY OF WAYNE,CRY OF RICHMOND.
Wea.201a, Ohlo 43081 LOCATEDIN THEDI 1140FSECTION 24,T44N,TYW
Ofc:6}4.Q99.0079
rrmall: InfoGsamInc.blz DATE:8/3/2021 8416_24-0 9.0 SHEET:1 OF 4
EXHIBIT. C PAGE 5 OF 9 1
r ,,
r 1,
EXHIBIT „A" A stvl dck`boro` ,
4
s
UNE TABLE � �� f
LINE BEARING DISTANCE E
I SITE' ,NaW1Par
L1 N89'44'3O"W 157.83'
L2 1489'44'30"W 100.01' 33itii f,r A edarrSpn-
L3 N00-29'19"W 909.14' RICIMOTlt� I �I�1
T
L9 S00-29'19"E 910.51' 7 J � E�
t
\\1\11111111111/Il!///// VICINITY MAP (NTS)
- `� �4
Q ACa\S re., ./jig% MATCH LINE SHEET 3 OF 4
No. ►�'
▪ t- 20300063 f =
es• STATE OF / \ — 100' --
{q�'4ND I ANP'., 0' 3 3
iolpSlUiR\IY'110 z z
tt
J J t id-
EASEMENT AREA cil y
CONTAINING 4.640±ACRES
(EASEMENT LENGTH=2,021.1'±) \\
CO
CITY OF RICHMOND,INDIANA
INST.NO.1998019611 ek'
90.241 AC.TR. P.O.C.
ST.ID:89-16-24-000-309.000-028 SE PROP.
COB.P.O.B. SE 1/4
_ SW 1/4 S24-T14N-R1W L1 S24-T14N-R1W
R. NW 1/4 S25-T14N-R1W I L2 j NE. 1/4
S25-T14 R1W
CITY OF RICHMOND,INDIANA, I 1
ADJOINING LANDOWNER 1
ST.ID:89-16-25-000-101.000-028 i I
NOTES:
THIS DESCRIPTION WAS PREPARED FOR THE LIMITED USE OF f
INDIANA MICHIGAN POWER COMPANY FOR EASEMENT PURPOSES 1
ONLY AND IS NOT INTENDED TO REPRESENT A COMPLETE Alt._ t�(Jllwl� UI�•ae1�Zf
SURVEY OF THE PROPERTY. ROAD RIGHT OF WAY WIDTHS PER _1 [1 O1.J/'
COUNTY OR CITY ENGINEER,. TOLL AUTHORITY OR INDOT
UNLESS OTHERWISE NOTED. ADAM W.LONG DATE
REGISTERED LAND SURVEYOR No. 21113000133
LAND OWNERSHIP INFORMATION IS PROVIDED BY O.R. GOLAN 0 200' 400'
ASSOC. NO ADDMONAL VERIFICATION HAS BEEN PERFORMED — -_.
BY SAM. LLC.
BEARINGS SHOWN HEREON ARE BASED ON THE INDIANA STATE SAM PROJ./''51515 I GRAPHIC SCALE
PLANE COORDINATE hiD1EM, EAST ZONE(NV 83) LINE NAME:COLLEGE CORNER-RANDOLPH
LEGEND EXISTING LINE NUMBER:TLN120:095009
NEW LINE NUMBER:TLN385:95178
P.O.B. POINT OF BEGINNING EASEMENT NO:78
P.O.C. POINT OF COMMENCEMENT SUPPLEMENT TO ORIG.ESMT.NO.45A(EMME7T W.PARRISH,ET UX)
P.O.R. POINT OF REFERENCE
R.P.T. REFERENCE POINT 11E-DOWN
—•—• —•—•—RIGHT-OF-WAY LINE INDIANA MICHIGAN POWER COMPANY
'EASEMENT AREA EASEMENT ACROSS THE LANDS OF
R. PROPERTY UNE (APPROXIMATE) CITY OF RICHMOND,INDIANA
T.
929 Easfwind Drive, CONTAINING 4.640±ACRES
S
�,�� SO,Weot 201 SITUATED IN THE STATE OF SW 1/4 COUNTY CT OF W.T.14 CITY W RICHMOND.
Wsslerv8lo, Ohlo 43081 LOCATED IN THE SW 1/4 OF SECTION24,T44N,R,1W
Oia: 814.899.0079
omoII;InloOsamine.biz SCALE:1''200' DATE:813/2021 89.1824-0 6�3W000028 SHEET:2 OF 4
!EXHIBIT C PAGE IIg OF 9 I
4
EXHIBIT A \ - T t�)td ebor9
,fl -tom,, t, t ,ee'.
UNE TABLE w 1
�'` Tt
LINE BEARING DISTANCED I 0fi t srrE t3 iN2W Par
L3 N00'29'19"W 909.14' 1 Spr�n9( rove 121 ` , ,'
g' ;"" l ''( eU'81 S(I it
L4 N00'33'34"W 800,04' )4t as "
Ichmond
L8 S00'33'34'E 799.99' , - } S 1;
L9 S00'29'19"E 910.51'
e � �
E qq4 j Y
k .'� ,..•,L''k,,. .. 1. .. .:4'.:
VICINITY MAP (NTS)
MATCH LINE SHEET 4 OF 4
EASEMENT AREA
CONTAINING 4.640±ACRES -
(EASEMENT LENGTH=2,021.1't)
&
J _i
33
zz
I~
N N
CITY OF RICHMOND,INDIANA N N
INST.NO.1998019611 `t`I•
90.241 AC.TR. 100' _
ST.ID:89-16-24-000-309.000-028 3 w
(I En
J Sn
MATCH LINE SHEET 2 OF 4
NOTES:
THIS DESCRIPTION WAS PREPARED FOR THE UNITED USE OF
INDIANA MICHIGAN POWER COMPANY FOR EASEMENT PURPOSES
ONLY AND IS NOT INTENDED TO REPRESENT A COMPLETE
SURVEY OF THE PROPERTY. ROAD RIGHT OF WAY WIDTHS PER
COUNTY OR CRY ENCINEER,TOLL AUTHORRY OR MOOT
UNLESS OTHERWISE NOTED.
LAND OWNERSHIP INFORMATION IS PROVIDED BY O.R. COLAN
ASSOC. NO ADDITIONAL VERIFICATION HAS BEEN PERFORMED 0 ZOO' 400'
BY SAM. LLC.
•I'lli
BEARINGS SHOWN HEREON.ARE BASED ON THE INDIANA STATE
PLANE COORDINATE SYSTEM, EAST ZONE(NAD 83) SAM PROJ.it:51515 I GRAPHIC SCALE
LINE NAME:COLLEGE CORNER-RANDOLPH
LEGEND EXISTING IJNE NUMBER:TIN120:095009
P.O.B. POINT OF BEGINNING NEW LINE NUMBER:TLN385:95178
78
P.O.C. POINT OF COMMENCEMENT EASEMENT TONOORI
SUPPLEMENT TO ORIG.ESMT.NO.45A(EMMETT W.PARRISH,ET UX)
P.O.R. POINT OF REFERENCE
R.P.T. REFERENCE POINT 11E-DOWN
-•-.-•-•- RIGHT-OF-WAY LINE INDIANA MICHIGAN POWER COMPANY
I 'EASEMENT EASEMENT ACROSS THE LANDS OF
R PROPERTY LINE (APPROXIMATE) CITY OF RICHMOND,INDIANA
929 EaMwtnd Drive. CONTAINING 4.640t ACRES
Suite 201
1
SITUATED
N THESTATE OF
OF WAYNE,CITY OF RICHMOND.
����® 3I1614foOsa IInc.68z SCALE:1;2 0 LOCA DATE:8(3I 0TED IN THE 210./4 0E SEDitOI 24E: 14N.R-tW
SHEET:3 OF 4
FILE:
8.,..„24.000309.000-028
PXI'IIBIT PAGE ®I= 9 -
EXHIBIT "A" R1� Fboro
LINE TABLE. t
LINE BEARING DISTANCE 2 ikt I
L4 N00'33'34"W 800.04' ,1, I 4' � SSE/ II {Par•
L5 N00'26'08"W 312.06' S(f�IflLG{OV 121 It
N � '�.e erSpriF
L6 S89'36'10"E 100.01' 11 4" Cr� "1
#tichmand
L7 S00'26'08"E 310.49' �
i
LB S00'33'34"E 799.99' °
x�
L10 N89'36'10"W 219.08' `-'
VICINITY MAP (NTS)
I I I I 33
CO reJI I
I____R l I z
I I 'f7
I I NN
R MICHAELA A.HINES N
AND JOHN HINES,
��
_ ADJOINING I I .-
LANDOWNER
ST.ID:89-16-24- I I N 0
000-305.000-028 I I
T. R
L6It
L7 0 �^P.O.R.
CITY OF RICHMOND,INDIANA NE PROP.
INST.NO.1998019611 COR.
90.241 AC.TR. R.P.LI
ST.ID:89-16-24-000-309.000-028
U) N
J J
EASEMENT AREA co
CONTAINING 4.640±ACRES
(EASEMENT LENGTH=2,021.1'±) — 100' —
I * co
MATCH LINE SHEET 3 OF 4
NOTES:
THIS DESCRIPTION WAS PREPARED FOR THE LMMNED USE OF
INDIANA MICHIGAN POWER COMPANY FOR EASEMENT PURPOSES
ONLY AND IS NOT INTENDED TO R�rot�ENT A COMPLETE
SURVEY OF THE PROPERTY. ROAD RIGHT OF WAY WIDTHS PER
COUNTY OR CI)Y ENGINEER.TOLL AUTHORITY OR I.HOOT
UNLESS OTHERWISE NOTED.
LAND OWNERSHIP INFORMATION IS PROVIDED BY O.R. C MLAN
ASSOC. NO ADDITIONAL VERIFICATION HAS BEEN PERFORMED
roc..
LLC. 0 200' 400'
BEARINGS SHOWN HEREON ARE BASED ON THE INDIANA STATE ��
PLANE COORDINATE SYSTEM, EAST ZONE(NAD B3) SAM PROJ.#:51515 1 GRAPHIC SCALE
LINE NAME:COLLEGE CORNER-RANDOLPH
LEGEND EXISTING LINE NUMBER TLN120:095009
P.O.B. POINT OF BEGINNING NEW LINE NUMBER:TLN385:95178
P.O.C. POINT OF COMMENCEMENT EASEMENT NO:78
SUPPtEMEM TO OR/G.ESMT.NO.45A(EMMETT W.PARRISH,ET U>)
P.O.R. POINT OF REFERENCE
R.P.T. REFERENCE POINT TIE-DOWN
-.-.-•-•-.- RIGHT-OF-WAY LINE INDIANA MICHIGAN POWER COMPANY
I I EASEMENT AREA
EASEMENT ACROSS THE LANDS OF
R PROPERTY LINE (APPROXIMATE) CITY FOIF RICHMONO,INDIANA
929 Ewiwtnd Drlve,hie 43081
CONTAINING 4.640±ACRES
Su
C
°THE SW
S ��� it I::1I oOs�ml9 bii SITUATED SCALEIN
•1=2 0 AD TE 8 3 0 4 OF ECT OFN F4 T 14N R-t HE T:4 OF.4
A !/2 21 89.1624-000,'09.000029 ET.4 OF
1 EXHIBIT C PAGE s OFF—i
----Wd® b OVd J U II°IX3
pb Pl }!J�)ir�d
L of
m
"' . ~�` •-
•
• -. C-•11‘.-iilit.L'':".,-4,1A, ! . ;''. ,''' '-'1,0•-• . ..... ','
i •} + . j a i q r} t y y l• .
l.
e