|
TEMPORARY SEWER UTILITY EASEMENT AGREEMENT BETWEEN
<br />THE ST. JOSEPH COUNTY REGIONAL WATER & SEWER DISTRICT
<br />AND THE CITY OF SOUTH BEND, INDIANA
<br />THIS TEMPORARY SEWER UTILITY EASEMENTAGREEMENT (this
<br />"Agreement") made and entered into this 201h day of December, 2018, by and between the City
<br />of South Bend, Indiana, an Indiana municipal Corporation, by and through its Board of Public
<br />Works ("Grantor"), and the St. Joseph County Regional Water & Sewer District (the "Grantee")„
<br />RECITALS
<br />WHEREAS, the Grantor and Grantee entered into a Master Agreement, effective August
<br />12, 2010, and a First Amendment to the Master Agreement, effective February 14, 2017, which
<br />established the terms and conditions regarding the provision, collection, treatment and disposal
<br />of water and sewage within the Grantee's service areas, as well as the terms and conditions
<br />related to certain improvements planned at various locations in and adjacent to the South Bend
<br />waste and wastewater facility planning areas; and
<br />WHEREAS, the Grantee and the Grantor have discussed providing additional services to
<br />the Carriage Hills Subdivision; and as a condition of the Grantee receiving financial assistance
<br />from the U.S. Department of Agriculture on behalf of the approximately 165 customers that
<br />require wastewater services within the Carriage Hills Subdivision, the U.S. Department of
<br />Agriculture requires Grantee to demonstrate Grantor has provided to the Grantee a utility
<br />easement for the construction of a sanitary sewer on Grantor's property.
<br />NOW THEREFORE, in consideration of the mutual promises and obligations contained
<br />herein, the Grantor and Grantee hereby covenant and agree as follows:
<br />1. Grant of Easement.
<br />FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of
<br />which is hereby acknowledged, Grantor hereby grants unto Grantee, a Temporary Non -Exclusive
<br />Sewer Utility Easement ("Temporary Sewer Utility Easement") and right-of-way in, under, and
<br />upon certain real property situated in the County of St. Joseph, State of Indiana, which is more
<br />particularly described in the legal description attached hereto as Exhibit A and depicted in
<br />Exhibit B (the "Temporary Easement Property"), both exhibits incorporated herein by reference,
<br />for the purpose of installing, laying, operating, maintaining, inspecting, removing, repairing,
<br />replacing, relaying, and adding, to and from, time to time, sanitary sewer lines, together with all
<br />fittings, appurtenances, and attached facilities, including service lines of its customers, and
<br />laterals and connections for the transmission and distribution of waste and waste water to the
<br />Carriage Hills Subdivision ("Sewer System"); together with the rights of ingress and egress over
<br />the adjacent property of the Grantor, for the purposes of this easement.
<br />Grantor warrants that it is the owner in fee simple of said Temporary Easement Property
<br />(Parcel Nos. 71-04-20-103-014.000-003, 71-04-20-103-015.000-003 and 71-04-20-103-025.000-
<br />003, recorded in Instrument No. 8201840 and Instrument No. 1526367 in the Office of the
<br />
|