| Location: | Home  Public Logos.NET CD Documents 2021 Next Level Trails Grant Ownership Information RE: I & M Easement Language - As it Relates to Tra... Mail Message |
| Location: | Home Public Logos.NET CD Documents 2021 Next Level Trails Grant Ownership Information RE: I & M Easement Language - As it Relates to Tra... Mail Message |
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| Subject: | I & M Easement Language - As it Relates to Trail Development [ View Email Thread ] |
| From: | "Amy M. Schweitzer" [ Look Up User ] |
| To: | Erik Weber <erik@lawmwb.com>, "Michael D. Ley" <MDLey@ci.auburn.in.us>, "Daryl K. McConnell" <dkmcconnell@ci.auburn.in.us> |
| Cc: | "Brandy M. Coburn" , "Eric L. Ditmars" , "DocuShare Email Agent / attach@ci.auburn.in.us" , Joleen D Jones |
| Sent: | Wednesday, November 17, 2021 10:40:47 AM EST |
| Received: | Wednesday, November 17, 2021 10:40:58 AM EST |
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Erik –
Thanks for the response. During my meeting with Mayor Ley on Monday (11/15), he confirmed at minimum he would like to use the former railroad bridge just north of the Nineteenth Street bridge, as well as the adjoining properties including the Seiss property. Attached, please find a map and the three associated recorded easements. This is where we’d like to begin the conversation with I & M.
We have most of the deeds and easements for the properties involved in the Mayor’s original proposed trail. If you need any of them, please let us know so we can get you what you need. Please keep us posted on the status of these conversations with I & M.
Thank you,
From: Erik Weber <erik@lawmwb.com>
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Not sure how it would be possible to limit our ability to have an easement over the real estat if it does not interfere with the previous granted easements.
Maybe we get a meeting set and start negotiating the easements and give I M notice that we are doing so.
See where they land as the process begins.
We probably need to look at and identify a specific route and see how much of it will be in any previous easements .
WEW
W. Erik Weber, Esq. MEFFORD WEBER AND BLYTHE, PC ATTORNEYS AT LAW 130 EAST SEVENTH STREET AUBURN, INDIANA 46706 260 438 2677 Confidential Cell Phone / Text 260 925 2300 Ext. 305 Office 260 925 7679 Direct Desk Line 260 925 2610 Facsimilie Erik@lawmwb.com E-Mail www.lawmwb.com Web-page Hyper-link to Martindale survey: https://clientratings.martindale.com/clientrating/fillSurvey?firmId=971746
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From: Amy M. Schweitzer <AMSchweitzer@ci.auburn.in.us>
Mayor, Erik, and Daryl –
One other challenge we ran into when starting the Next Level Trail Grant application is the large AEP / I&M easement along the abandon rail corridor. Attached, please find the recorded easements for these properties. A couple of years ago, we were told by an AEP representative that their easements prevent additional easements even if the property owner agrees to the additional easement. I don’t see that specific language in these easements, but wanted to pass them along to you all for review. (Perhaps the AEP Rep was bluffing?) Also attached, please find the email from I&M with that “claim” of no additional easements.
If we do determine the route of the Mayor’s Cedar Creek Trail – Outdoor Theater Leg needs to encroach in these I&M easements, what type of approval, if any, do we need from I&M?
If we need to meet to discuss this information, please let me know. As mentioned in my last email, I believe Mayor Ley wants to take the necessary steps to figure out the logistics around these easements so we can move forward accordingly.
Thanks for the help.
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