HomeMy WebLinkAbout#2682 - Deed; Easement - building for storage, Grand Trunk Western Rail Road, 1040 Lincolnway East, Firestation 101316'COUNTY-CITY BUILDING
227 W. JEFFEItSON BOULEVARD
'UTH BEND, INDIANA 46601-1830
THONE219/235-9251
FAX 219/235-9171
TDD 219/235-5567
CITY OF SouTH BEND STEPHEN . LuECKE, MAYOR,
DEPARTMENT OF PUBLIC WORKS
GARY A. GILT, P.E.
DIRECTOR OF PUBLIC WORKS
August 28, 2001
Grand Trunk Western Railroad, Inc
2800 Livernois , Suite 300
Tray, Michigan 48083-12.22
RE: Grant of Easement
Dear Gentlemen:
The Board of Public Works, at its March 12, 2001 meeting, approved the above referred to
document. The document was recorded with the St. Joseph County Recorders office on March 29,
2001.
Enclosed are copies for your records.
Enclosure
ENGiNEE wG
CARL I. muu, 1' E.
219/235-9251
FAx 219'/235-9171
ENVIRomAENTAL SERVICES
JOHN f . DILLON, PH.D.
219/277-8515
FAx 219/277-8980
Sincerely,
Angela . Jacob, Clerk
CENTRAL SERVICES
MATT CHLEEOWSKI
219/235-9316
Fax 219/235-9007
STREETS
SAM HENSLEY
219/235-9244
FAx 219/235-9272
WATER WORxs
JOHN F. STANCATI
219/235-9322
FAx 219/235-9728
'e, , (- (drLXL
GRANT OF EASEMENT
THIS INDENTURE made this kl%ayof _/IAD✓ 2001, by'and between Grand Trunk,
Western Railroad,'Inc., 2800 Livernois, Suite 300, Troy, Michigan 48083-1222, (Grantee) and the
Civil City of South Bend, Indiana, by and through its Board of Public Works (Grantor), in favor of
the Grand Trunk Western Railroad, Inc., its successors and assigns.
WITNE,SSETH:
That for the following terms and other good and valuable consideration, the receipt of which
Grantor hcreby acknowledge. Grantor hereby grants,. conveys, and warrants to Grantee temporary
easement of the nature and at the location hereinafter set forth as described for the installation-,',
construction, operation, and maintenance of a non -permanent building , together with the right of
ingress to and egress from said easement for the purpose of installing, constructing, operating,
maintaining, adjusting, replacing, repairing, altering, removing, and modernizing said building and
other equipment or facilities, incident thereto, in, upon, over and under the following described real
estate in the City of South Bend, St. Joseph County, State of Indiana, briefly described as follows:
Grantee hereby agrees to:
Build a structure no larger than twelve feet by twelve feet (12 X 12), on the real
property described in Exhibit "B", for a building to be used for storage of water and
free -product recovered from recovery system, as well as tools, equipment and spent
materials. The free -product and water will be stored in 55-gallon drums with double
containment. The spent materials will be stored in 55-gallon drums, These materials
will be periodically removed from the building. Building shall be portable and
tomper4m y -nd nDt permanenth attached to this --g_eiind,
That ingress/egress and the erecting of the building will not interfere with the drive -
through leading to the fire station and storage shed already in place on this property.
The casements granted herein shall pertain to the air surface and subsurface rights and
interests of the Grantor, for the use and benefit of the Grantee, to the nature and extent that the
Grantee may desire said air, surface and subsurface rights and interests to accomplish and carry out
the general purpose of this conveyance as the same has hereinabove been expressed. The easements
hereby granted are for the exclusive benefit of Grand Trunk Western Railroad, Inc., and expressly
include the right and privilege at reasonable times to clear and remove from said easements such
timber, brush, debris, or other obstructions interfering with the temporary building use.
12-4
Grantee shall restore that area disturbed by its works to as near the original condition as
possible, upon Grantee's completion of the work authorized by E,I! ct is Building for 610MSC;
easement..
The Grantor reserves the right to use and occupy the surface area on and over the easements
provided that said use and occupancy does not in any way conflict or obstruct the Grantee's right to
use said surface for the purposes and intentions hereinabove expressed.
The easement granted herein and the associated benefits and obligation,, shall constitute
covenants running with the real estate, and shall. be binding upon the Grantors and be an obligation
thereof of every person or entity now or hereafter having any fee, leasehold, or other interest in all
or any part of the said real estate.
This indenture shall bind and inure to the I-,eneftt of the respective successors and assigm-, of
the parties hereto.
The Grantor hereby covenants with the Grantee that they are lawfully seized and possessed
of the parcel of real estate hereinabove described; that they have good and lawful right to convey and
that the property is free of all encumbrances that would conflict with the right herein granted.
IN WITNESS WHEREOF, Grantor has executed this Grant of Easements for a building for
water treatment and storage on the date shown on the acknowledgment set forth herein.
GRANTOR:
CITY OF SOUTH BEND
41-Z-
A �ffl�-VUJT.C—�IALZKS
Gary A. Gilot, President
T.J. Rig e Garand T stem Railroad, Inc.
se
Senior I et Manage
atherine RoemerMember ber
Donald E. Inks, Member
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STATE OF INDIANA Angela . Jacob, clerk V
ST. JOSEPH COUNTY SS:
Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana,
personally appeared Gary A. Gilot, M. Catherine Roemer, and Donald E. Inks, personally known
by me to be members of the Board of Public Works of the City of South Bend, Indiana, and
acknowledged the execution of this Grant of Easement as their voluntary act or deed.
2001,
WITNESS my hand and Notarial Seal this kjdaY Of �
�16,t-tA- INJ4U A U Notary
A resident of St, Joseph County, IN
MY Commission Expires:
STATE OF MICHIGAN
SS:
OAKLAND COUNTY
Before me, the undersigned, a Notary Public in and for Oakland County, Michigan,
personally appeared T.J. IZigley, Senior Asset Manager, Grand Trunk Western Railroad, Inc,,
Oakland County, Michigan, the Grantee, and acknowledged the execution of this Grant of Easement
as their voluntary act or deed.
�t-RUTNMSS my hand and Notarial SP_! this day of
&d_4t_� 2 0 0 1.
Al
C' >.lJw�Notary Public
A resident of Oakland County, Michigan
Commission Expires:
This Instrument was prepared by: Frank E. Schaffer, Assistant City Attorney, 1400 County -City Building, South Bend, IN 4(
A parcel of land located in Section 13, Township 37 North, Range: 2 East, Portage Township, City
of South Bend, St. Joseph County, Indiana and more particularly described as follows:
All of Lots F and G and that portion of Lots E and X lying South and East of Bowman Creek as well
as the vacated alley lying West of Lots F and G. All of the above described property being a part
of Wenger and Krieghbaugh's Vistula Avenue Addition to the City of South Bend, Indiana, recorded
November 17, 1908 in Book 9, Page 100. said property is commonly known as Fire Station #10:,
at1040 Lincolnway East with a tax key number of 18-7017-067UL