HomeMy WebLinkAbout#361- Deed; sewer easement east of miami and south of ireland (w of scottsdale add)LAW OFFICES
CiRumpAcjmii, M_&Y, L-n vy & SrARr, a
ARTHUR L,MAY
NATHAN LEVY
R. FLOYD SCARER
S.J- CRUMPACAER
ARTHUR A MAY
JAMES W. OBERFELL
JOS EPH T, H ELLI NG
DAVID J. HALPERIN
THOMAS H. SINGER
GEORGE N. SEAMER,JR.
Raymond S. Andrysiak
City Engineer
City Hall
South Bend, Indiana 46601
SUITE 600
224 W.JEFFrRSON BOULEVARD
SO-UTTE B,BND, IN70TANA 46601
TELEPHONE CENTRAL 21031
December 3,1, 1963
I am enclosing herewith to you for your
file the revised proposal of John C. Goss and Louise
K. Goss respecting the sanitary and storm sewer ease-
ment across their property.
In this morningIs mail I received the City's
check in the sum of $4,450.0�0, payable to them which I
have delivered to them. I wish to thank you very much
for the same.
With very best wishes for a very healthful
and prosperous New Year, I am,
Yours very truly,
Arthur L. May
A LM/j h
Encls.
E P H c 0.
TH16 INDENTUht WIIIW�66VTM: inaz oonn u. uoss ana ijouise
K. Goss, husband and wife, of St. Joseph County, State of Indiana,
hereby give and grant to the Municipal City of South Bend, Indiana,
for and in consideration of the sum of One ($1.00) Dollar and
dtfi6r 'goodand 'val-Lidble &dns-'T'aer`C�l
hereby acknowledged, a right-of-way and easement with the right,
privilege and authority to said Municipal City of South Bend,
Indiana, to construct, operate and maintain a sanitary and storm
sewer and water line in, on, along, under and through the following
described real estate in St. Joseph County, State of Indiana, to -wit:
A parcel of land situated in the Southwest Quarter
of Section Thirty 30), Township Thirty-seven (37),
North Range Three (3) East, described as follows:
Beginning at a point on the west line of Section
Thirty, Township Thirty-seven, North Range Three East,
serest' corner of said 86cti(7n 'Thitty;' thence East para'-L i e i
crr
Iuwith the south line of said section a distance of One
Thousand Seven Eighty Six and Fifty-seven hundredths
z1786.57) feet; thence north One Hundred Fifty-eight
R58) feet; thence West to the west line of said section
v) -eight (158) feet
C) %irty; thence south One Hundred Fifty
the point of beginning.
U-)
c'fie center line of which said right-of-way and easement shall be
the following described line, to -wit:
Beginning at a point Eight Hundred Eleven (811)
feet North and Three Hundred Sixty-six (366) feet
East of the Southwest corner of Section Thirty (30),
Township Thirty-seven (37) North, Range Three (3)
East, and running thence Southwesterly,,a distance
of One Hundred "Seventy-one and Two -tenths (171.2)
feet, more or less, to a point that is Six Hundred
Fifty-three (653) feet North and Three Hundred and
Three -tenths (300.3) feet East of said Southwest
corner of said Section Thirty (30), Township Thirty-
seven (37) North, Range Three 3) East.
which said right-of-way and easement shall be located, at all
times and for all purposes, upon and along its above described
BOOK 648 F,,�c[585' "
center line, and which said right-of-way and easement shall be,
and is hereby, limited, for a period of one (1) year from date of
execution hereof for purposes of construction, to an overall width
of thirty (30) feet or fifteen (15) feet on either side of its
abcpvc acoox,j_bod ceritex, Ii.ne, aril
easement shall be, and is hereby, limited to an overall width of
fifteen (15) feet or seven and one-half (7-1/2) feet on either
side of its above described center line from and after one (1)
year from date of execution hereof, and which said right-of-way
and easement is hereby granted solely upon, under and subject to
the following terms and conditions:
I
1. Upon completion of construction the hereinabove described
thirty (30) foot area of said right-of-way and easement shall be
restored to its presently existing grade by said Municipal City of
South Bend, Indiana.
2. Said Municipal City of South Bend, Indiana, shall
immediately replace and restore the gravel driveway and the circular
and any other portion of said driveway in and to the same condition
that it was in before excavation.
3. Said sewer and water line shall be laid at sufficient
depth to not interfere with the undersigneds' use and enjoyment of
their hereinabove described real estate.
14. Said Municipal City of South Bend, Indiana, shall, at no
cost or expense tc the undersigned, place an intake connection in
said sewer for use of the undersigned at a point to be designated
by them, and undersigned and their successors in title and interest
shall be permitted and allowed to make connections in said water
line and any other connections in said sewer upon payment therefor
-2-
at the regular and customary rate at the time of connection and
at the regular and customary rates for service charged residents
of the City of South Bend, Indiana,
5. Said Municipal City of South Bend, Indiana, shall fill
in and restore excavation to its presently existing Fraund level
and grade, and shall place excavated portion of lawn in proper
condition for grass planting by replacement of subsoil to same
depth as before excavation and replacement of top soil to depth
of four to five inches, subsoil and top soil used in such replace-
ment to be either the subsoil and top soil that was removed or of
the same kind, grade and quality as that removed, and shall sow
such replaced excavated portion of lawn at proper time with Kentucky
Blue Grass;
which terms and conditions are hereby accepted and agreed to by
said Municipal City o:r -a",
of the consideration for said right-of-way and easement, said
Municipal City of South Bend, Indiana, hereby covenants and agrees
to fully comply with, perform, carry out and fulfill all of such
terms and conditions.
The undersigned shall, and do hereby, reserve and retain
unto themselves and their successors in title and interest the right
and privilege at any time to place and maintain anything other than
✓,� a weight bearing wall or structure above ground upon all or any
part of the above descriDea red-L 'z:Ovavu uv —1-
granted and located the hereinabove described right-of-way and
easement and to make such otherwise above ground use of such portion
of such real estate as they may desire at any time.
-3- Bou 648 rnE587
This grant of easement consists of this and three (3)
preceding typewritten pages bearing the initials of the undersigned.
IN WITNESS WHEREOF, the undersigned have hereunto set their
hands and seals thIS 26th day or x! c 4-
bou 848 ""f"1588
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY �
(seal)
ohn C. Goss
llla��(Seal)
Louise K. Gas
Before me, the undersigned, a Notary Public, in and for
St. Joseph County, State oP 1nd1.xyy2,
named John C. Goss and Louise K. Goss, husband and wife, and
acknowledged their execution of the above and foregoing Grant of
Easement.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
b:f f Ixe d-1 my official seal this 26th day of December, 1963.
C on Expires: Arthur L» May, _/)rotary Public
ove 1967
",instrument was prepared by Arthur L. May.
LMAW OFFICES
CnvmP,&cimn, AY, L:cvy
SnARm- n
"'Z7,
ARTHUR L. MAY
NATHAN LEVY
R, FLOYD BEARER
ga i,
SUITE 000
$. J. CRUMPACKrR
224 W. JEFFERSON BOULEVARD
ARTHUR A, MAY
SOUTn B:EwD, DrDXAaN'A -16601
JAMES W OBERFELL
JOSEPH T HELLIING
TELEPHONE CENTRAL 2-2031
DAVID J HALPERIN
THOM,AS H. SINGER
GEORGE N.BEAMFR,JP. December 16, 1963
City of South Bend, Indiana
The Board of Public Works and Safety
South Bend, Indiana
Attention: Mr. Raymond S. Andrysiak - City Civil Engineer
Gentlemen:
The undersigned, John C. Goss and Louise K. Goss,
husband and wife, are the owners of the following described
real estate in St. Joseph County, State of Indiana, to -wit:
A parcel of land situated in the Southwest
Quarter of Section Thirty (30,), Township
Thirty-seven (37) North, Range Three (3)
East, described as follows:
Beginning at a point on the West line of
Section Thirty, Township Thirty-seven North,
Range Three East, Six Hundred Fifty-three (653)
feet North of the Southwest corner of said
Section Thirty; thence East parallel with
the South line of said Section a distance of
One Thousand Seven Eighty-six and Fifty-seven
Hundredths, (1786.57) feet; thence North One
Hundred Pifty-eight (158) feet; 'thence West
to the West line of said Section Thirty; thence
South One Hundred Fifty-eight (158) feet to
the point of beginning;
upon, across and over which, for purposes of construction and
maintenance of a sanitary and storm sewer, the undersigned hereby
offer to grant you a temporary thirty (30) foot wide right-of-way
and easement for construction purposes and a permanent fifteen
(15) foot wide right-oof-way and easement for maintenance purposes,
the center line of each such right-of-way and easement shall be
the following described line, to -wit:
Beginning at a point Eight Hundred Eleven (811) feet
North and Three Hundred Siuty-six (366 feet East of the
Southwest corner Of Section Th � Township Thirty-
seven (37) North, Range Three (�') East, 'and running thence
Southwesterly, a distance of One Hundred Seventy-one and Two
tenths (171.2) feet, more or less, to a point that is Six
Hundred Fifty-three (653) feet North and Three Hundred and
Three -tenths, (300.3) feet East of said Southwest corner o'
said section ThirtY (30), Township Thirty-seven (37) North',
Range Three (3) East;
upon, under and subject to the following terms and conditions:
, 1 1. Payment of the sum of Four Thousand Four Hundred Fifty
( ,�� 4., 1150.00) Dollars to the undersigned prior to commencement of con-
struction, which sum represents and is the aggregate amount of the
losses and damages that will be occasioned and will be suffered
and sustained by the undersigned by and through the construction and
maintenance or such sewer upon and across their hereinabove described
real estate, which losses and damages consist of the following:
Loss of 2 flowering crab trees (1�" years growth $500-00
Loss of 7 Pfitzers (14year,s growth) 350-00
Loss of 8 Maple Trees (I)-!. years grovitli) 1,600.00
Loss in devaluation of landscape value of
property arising, from disruption of definite
scheme of the landscaping and destruction oA'
the, original pattern of the landscaping by the
removal of the plantings which cannot be replaced
.in their present form and growth $800.00
Loss in devaluation oL"' market value of
hereinabove described real estate 1,200.00
Total $4,450-00
2. Placement of "Y" in sewer at point to be selected by under-
signed for connection from the dwelling house on the above described
real estate to sewer, such "Y" to be placed in such sewer at time of'
its construction and such placement of such "Y" in such sewer to be
entirely at your cost and expense.
Undersigned to be permitted and allowed to make any other
connections in se,�jer upon payment therefor at the regular and customary
rate at the time of connection charged residents of the City of South
Bend, Indiana.
3. Immediate replacement of the gravel driveway and of the
circular portion of such driveway in the same condition that it was in
before excavation.
4. Excavation filled in to presently existing ground level and
placed in proper condition for grass planting. Replacement of subsoil
to same depth as before excavation, and replacement of top soil to
depth offbur to five inches, replaced subsoil and replaced top soil to
be either the subsoil and top soil that was removed or of the same kin
grade and quality as that removed.
I.T'
�). Excavated portion of —
time lawn sowed at Prop
Kentucky Blue Grass.
6. Reservation by undersigned of right to place anything
above ground on the portion of the above described real estate
covered by such easement except weight bearing wall or structure
and to make such otherwise above ground use of such portion of
the above described real estate as the undersigned may desire
at any time.
Respectfully yours,