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HomeMy WebLinkAbout#598- Deed; easement - Section 13 Township 37 N range 2 East with Indiana & Michigan Electric CompanyIndiaha & Michilgan'Electric Company property ng ipart of the .roper© co,6v6y6d to 'the City Loreea peazl'jacksdn and - Irvin W. Jackson by A dated March 4, 1950 recorded ;n Deed Accord piage 61 .tear, r tbtMtNJ F'orm 2A-64 (Corp) WO No__79.5/',016A_ ....... Easement No- Map No. .... �1,10 ........ This Indenture. made this .2/+th. ... ...... day of ............. l9,.72___ by and between Xity...of...6cuth Bend.,..,Indiana-by.. lta.,Boaxd..of...Publis...Worka..&.,,W.Oty ... ...... ..... whose address is .............:......._.,..,.._._...,....a corporation organized and existing under the laws of the State of (hereinafter called the "Grantor") and INDIANA & MICHIGAN ELECTRIC COMPANY, all Indiana Corporation authorized to do business in the State of Michigan whose street number and post officr, address is 2101 Spy Run Ave., Fort Wayne, Indiana, (hereinafter called the "Grantee"), Wiinessellht That for One Dollar ($1.00) and other good and valuable considerations in hand paid, the receipt of which Grantor hereby acknowledges, Grantor hereby conveys and warrants to Grantee a permanent right of way and easement for ......a: }D. ................ electric power Line..,.... .......with the right to the Grantee to locate, construct, reconstruct, erect, operate, use, repair, maintain, renew, remove, inspect, patrol, at any and all times, poles, towers 01' Supported structures, conductors and all necessary or useful facilities and equipment with respect to such line . for transmitting electric or other energy, including crossarms, wires, cables, guys, anchors, counter -poises, and all other appurtenant equipment and fixtures (all of the foregoing being here- inafter called collectively "Grantee's Facilities") in, on, along, over, through and across the following described lands (hereinafter called "Premises") situated in ........ --- Township, County oL State of ............. Section-1-13.1-1-11--,.... Township........3.7 liar.th. Range..... _111;s.St ...,. mare particularly described as follows: Being the 2orio (or- part of the rmme )property conveyed to City of South Bend by Lorene Tlo,,rl Jacl,,son and Irvin 1,". Jackson by dead datod ttnrch 4, 1950, and r,(,,,,c,orde,d in Deed )"eccrr' 1,91 vt T-'vge Cl, in the office of the Recorder of St. Jovey'h County, CJ ' ty of south Rend, ln(liarla to vhich reference is hereby made or J`urt'�:er do.scription. This instrument was; prepared by Don Andre,,,I, Employee of Indiana & Michigan Electric Company on its behalf. Together with the right to the Grantee; to cut, to control or eliminate by herbicides, and at its option to remove from the Premises or the lands of the Grantor adjoining the same on either side, any trees, overhang- ing branches, vegetation, obstacles or obstructions which may endanger the safety or interfere with the instal- lation, use, or enjoyment of all or any of Grrintee's Facilities; to add to the number of and relocate at any time - or times all of Grantee's Facilities; and of ingress and egress to, over and from the Premises and any adjoining lands of Grantor at any and all times for the purpose of exercising and enjoying any and all the rights hereby vested in Grantee. It is understood and agreed: 1. The location of the route of the easement shall be established by a center line connecting the center points of the .........Poles ........... as constructed on the Premises and/or on adjoining lands. 2. Grantee shall promptly repair or replace all fences, gates, drains and ditches damaged or destroyed by it on the Premises and shall pay Grantor all damages done to crops and livestock on the Premises proximately caused by the construction, operation and maintenance of Grantee's Facilities. Any trees cut will be paid for by Board Measure, using Scribner's Lumber Rules at the market price in vicinity. All claims of Grantor for damages arising under this indenture shall be made at or mailed to the office. of Grantee at Fort Wayne, Indiana, within thirty (30) days after such damages shall accrue. 3. Grantee shall pay to r,,Intoat or prior to the time when construction of Grantee's Facilities is com- mcneed on the Premises . ...... e , &, ....... ......for Anchor ............... - ­­., - to be located thereon. 4. Grantor shall have the right to cultivate or otherwise use the Premises in any way not inconsistent with the easement hereby granted, but no building, structure or obstruction, shall be placed by the Grantor under or within .......... feet (measured horizontally) of nearest .... f`019.__ cable or wire. 5. This indenture contains all the terms and conditions of this easement, express or implied, between the parties hereto and shall be binding upon, and inure to the benefit of, Grantor and Grantee and their respective representatives, successors, asigns, lessees and licensees. 6. Grantor, through its duly authorized officers, certifies under oath that no Indiana gross income tax is due or payable at this time in respect to the transfer made by this indenture. In Witness Whereof the said Grantor has caused these presents to be executed by its duly authorized officers and its corporate seal to be affixed thereto the day and year first a1�,9vg.WditeD., At, /r­­ APPR0`4 Signed oO n ..... t IYA" ....... ). 8017 Pole) D.A. INDIANA & MICHIGAN ELECTRIC COMPANY DAMAGE AGREEMENT THE UNDERSIGNED: Eas. No .... 14 ......... Map No..17C3,9 ....... W. 0. _79-5/0164_ .............................. ADDRESS OWNER NU;r Of 201111 llwld South l3ond, Indiana TENANT NO HEREBY OFFER to accept the amounts as determined in accordance with the schedule below in full payment for right of way and all damages, except those excluded below, accrued or to accrue by reason of the construction of the electric power line in, over, upon and along the land of the Undersigned under an ease- ment dated ')­!� "' . , _2 q'I .. 1 -1 19 l� , from the Undersigned to the Company, to wit: SCHEDULE FOR PAYMENT Per Pole and/or Anchor On Cultivated On Non -cultivated Land Land Right of Way $ 5.00 Damages 45.00 $50.00 —+26-0+ For Overhang of Wires Only; Right of Way & Damages The amounts so determined are in full payment of the price specified by said easement for right of way (including all the facilities and equipment for the electric power line) and in full settlement of damages in connection with the construction of the line under the terms of said easement, excluding, however, damages done to fences, gates, drains, ditches, crops, marketable timber and livestock in the construction, operation, and maintenance of said line, and are to be paid by the Company at or prior to the time when construction of the line is commenced on the land of the Undersigned. In the event the provisions of this agreement as to the payment of the amounts so determined in any way conflict with any of the provisions of said easement, this agreement shall control. Accepted on .............. INDIANA & MICHIGAN ELECTRIC COMPANY (Company) .......... By ..... ........................... =� X C4