HomeMy WebLinkAbout#910 - Deed; Easement and ROW - From Vale Corp. to City of South Bend-permanent ROW easement described as Starting at the SE corner of the following tract of land, 50 acres off of the W side of the SE of Sec. 21, Twn. 38 N., Range 2 E....N4ikf ��jiW
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EASEMENT AND RIGHT-OF-WAY from
vale Corp.. N,. E. Gunderson, Pyres: ,
to City of South Bend, A permanent
right-of-way easement described as
follows:
(SEE EASEMENT) T)
E C
onsideration of the sum ofy^
1
1_�-,✓-�u�G�l�2t= Dollars cash in hand paid, receipt whereof is /
hereby acknowledged, the undersigned hereby grant, bargain, sell, convey,
transfer, deliver unto the Civil City of South Bend, a permanent easement
and right-of-way, for the following purposes namely: The right to enter
upon the hereinafter described land and grade, level; fill, drain, pave,
build, maintain, repair, and rebuild roads, streets, highways, together
with such bridges, culverts, ramps, and cuts as may be necessary, on,
over, and across the ground embraced within the right-of-way hereinafter
described, further a permanent easement and right-of-way, including the
perpetual right thereupon the real estate hereinafter described, at any
time that it may see fit, for the purpose of constructing, maintaining and
repairing, installing and renewing any water, sewer, and other utility
facilities, whether used in conjunction with general street purposes, or
for the sole purpose of constructing, maintaining, installing, repairing,
and replacing and/or renewing such sewer or other facilities for all purposes
whatsoever, including but not by way of limitation, drainage structures for
both sanitary and storm sewer ground embraced within the right-of-way herein-
after described, which is located within the boundaries of a tract or parcel'
of land situated in the County of St. Joseph, State of Indiana, briefly
described as follows;
A permanent right-of-way easement described as follows: Starting at
the Southeast corner of the following described tract of land. that of 50 acres off of the 61est side of the Southeast Quarter of Secpart
All that papa
Township No. 38 North, Range No. 2 East lying South of the Southtion erly Right1, way
p line of the Indiana East-West Toll Road as described in a deed dated February 9,
1955, executed by Clinton J. Moomaw and Florence A. Moomaw, husband and wife,
to State of Indiana, recorded February 9, 1955 in Deed Record 537 page 558 of
the records of St. Joseph County, Indiana.
Subject to conditions, restrictions and easements affecting said premises
as duethe same appear West along i line 40cfeet thence due North aaallelstontheo outhflin; thence
Tw 9 et North of and e of Section 21,
p. 38 North, Range 2 East, German Twp,,, St. Joseph County, Indiana a distance of
500 feet; thence due South a distance of 20 feet; thence due East along a line
20 feet North of and parallel to the South line of said Section 21 a distance of
500 feet to the point of beginning, all off of and from part of the South end of
the aforedescribed 50 acre tract. All in the Southeast One Quarter f
Section 21, Twp. 38N, R2E, German Twp.; St. Joseph County, Indiana. c)i,
To have and to hold the said easement and right-of-way unto the
Civil City of South Bend, Indiana, and unto its successors and assigns
forever.
And the said Grantors hereby covenant with the Civil City of
South Bend, Indiana, that they are lawfully seized and possessed of the
afore described tract or parcel of land; that they have a good and law-
ful right to sell and convey; that it is free from all encumbrances.; and
that they will warrant and forever defend the title in quiet possession
thereto against the lawful claims of all persons whomsoever.
And as a further consideration for the payment of the purchase
price, above stated, the Grantors hereby release all claims for damage,
from whatsoever cause, incidental to the exercise of any of the rights
herein granted, from the beginning of the world until this date.
It is understood and agreed by the parties hereto, that wherever
in the foregoing instrument the singular number is used, it will be read
as plural, if and when necessary, and that wherever words of neuter gender
are employed, they will likewise apply to the masculine gender, whenever
the contract requires.
IN WITNESS WHEREOF the parties have hereunto set their hands and
seals this _ day of1976.
BOOK 816 ,AcE 89
V/
CORPORATE CERTIFICATION
I, ('
certify that I am Secretary of
the Corporation executing this Easement
and Right-of-way agreement:
that ` r�,
sig ,ed this agreement on be-
half otTie orporation was then
_who
of said Corporation;
that said agreement was duly signe or
and on beFa-IT of said Corporation
by authority of its governing body, and
is within the scope of corporate
..
powers:
Secretary
np
(EI h'POPu°"` L EAL)
�, ',
4
..
L) .:, ,. CO
—r�
Fri
C7 C-1
STATE OF INDIANA
)SS:
ST. JOSEPH COUNTY )
Before me, a Notary Public in and for the aforesaid County and State
personally appeared N .E Gundersonand A. A . Tanner
known to be Press en =and Secretary respectively o
Vale Corporation'
who on behalf of said orporation acknowledged the execution of the above
and foregoing instrument to be its voluntary act and deed.
Witness my hand and Notarial Seal this 12th day of May
1976.
Nc ry Pu lic James ber11
lion Expires: April 8
-
CITY of SOUTH BEND
PETER J. NEMETH, Mayor
COUNTY -CITY BUILDING SOUTH SEND, INDIANA 46601
Rollin E, Farrand, Sr., P.E.
Director, Public Works
Val'e Corporation
122 South Mill Street
Mishawaka, Indiana 46544
Gentlemen:
Division of
Engineering
May 21, 1976
Reply TO:
Enclosed please find a copy of the right-of-way agreement as it is now
recorded.
Thank you once again for your cooperation.
Very trul, yours,
a-vrd We 11 s P.E. Manager
Bureau of Design & Administration
DAW/mkm
Enclosure
cc: Mr. James Oberfell, Esq.
Corporate: Certificate No. 152
Nov. 1969
STATE OF'INDIANA
OFFICE OF THE SECRETARY OF STATE
CERTIFICATE OF AMENDMENT
OF
LAYNE WATER COMPANY, INC.
LARRY A. CONRAD,
1, VKKXX#tX4XXSX",, Secretary of State of the State of Indiana, hereby certify that Articles
of , Amendrnent for the above Corporation, in the form prescribed by my office, prepared and signed
in duplicate in accordance with "An Act concerning domestic and foreign corporations for profit,
providing penalties for the violation hereof, and repealing all laws or parts of laws in conflict
herewith," approved March 16, 1929, and Acts supplemental thereto.
THE AMENDMENT
Article 1: The name of the Corporation shall be:
VALE CORP.
Whereas, upon due examination, / find that the Articles of Amendment conform to law, and
have endorsed my approval upon the duplicate copies of such Articles; that all fees have been paid
as required by law; that one copy of such Articles has been filed in my office; and that the remaining
copy of such Articles bearing the endorsement of in.v approval and filing has been returned by me
to the Corporation.
Iti Whriess Whereof, I have hereunto set m,v hand
and alli.ted the seul of the State of Indiana, at the
City of fridianapolis, this I-LtWay of- Ja n na -r y
19-1-1
LARRY A. CONRAPY
M
Secretelr;� of State
Deputy
260 PAGE 608 Corporate Form No. 102 (Sept. 1969)—Page One
ARTICLES OF AMENDMENT (Amending In-
dividual Articles Only)
APPROVED
Prescribed by William N. Salin, Secretary of State
AND
of Indiana
FILED
Use Size 81A x 11 WWte Paper for Inserts
JAN 111971
Filing Requirements Present . 2 Executed Copies
19IJ-27i y
to Secretary of State, Room 155, State House
Indianapolis 46204
Recording Requirements —Not required. However, if
ITARY OF
STATCF. CAS, Jt4l) [A NA
the name of the Corporation is changed by these
Articles, a certified Certificates of Amendment
must be filed with the County Recorder of every
County where the Corporation owns real property
in Indiana.
ARrn TICLES OF AMENDMENT ::n M r_�
OF
C->7io =
THE
ARTICLES OF INCORPORATION
iTl
OF
LAYNE WATER
COMPANY, INC.
...... ...................................................... ..............................
...... ................................ ........ ......
The undersigned officers of ..... LAYNE ... WA.TER.-.C.OMPANY ...... INC . ......................................... .................. ............. .... ....... .. ............... . ....... .
(hereinafter referred to as the "Corporation") existing pursuant to the provisions of the Indiana General
Corp3ration Act, as amended (hereinafter referred to as the "Act"), desiring to give notice of corporate action
effectuating amendment of certain provisions of, its Articles of Incorporation, certify the following facts:
Theexac ext of Article(N) ........I, ........................ . ........ . .................................................................................
of eae. Articles of Incorporation of the Corporation, as amended (hereinafter referred to as the "Amendments"),
novi, is as follows:
ARTICLE I
IZ
The name of the Corporation is VALE CORP.
el
Corporation Form No. 102—Page Two
prescribed by William N. Salin, Secretary of State
(Sept. 1969)
ARTICLE 11.
Manner of Ad2plijon and Vote
Secflon 1. Action by Directors (select appropriate paragraph).
(a) The Board of Directors of the Corporation, at a meeting thereof, duly called, constituted and held
cart .................... ---......... .. ....................... 19..........I at which a quor-urn of such Board of Directors was present,
dull -adopted a resolution proposing to the Shareholders of the Corporation entitled to vote in respect the
Amendments that the provisions and terms of Article .... ..... of its Articles of Incorporation be amended so as,
to read as set forth in the Amendments; and called a meeting of such shareholders, to be held --- ...... ............
19 ............. to adopt or reiect the Amendments, unless the same were so approved prior to such date by unani-
mous written consent.
X=Xft&'xX)b'KAX14X-X xxxxxx xxxxx xxx 9:9 X-X-xY'XtAX4XMXXXT.K -
Section 2. Action by Shareholders (select appropriate paragraph).
(a) The Shareholders of the Corporation entitled to vote in respect of the Amendments, at a meeting
thereof, duly called, constituted and held on .......................................... 1 19 ........... at which. ...--..........................
ALL the holders of shares of the stock of the Corporation
. . ............................................... ---- ............ I ......................................................... - .... — ...........................................
.................................
.................................... ......................................... . . ............... ....... I ................. . ...
were present in person or by proxy, adopted the Amendments.
The holders of the following classes of shares were entitiled to vote as a class in respect of the Amend-
ments:
M.Common stock
(2)
(3)
Corporate Form No, 102—Page Three
Prescribed by William N. Salin, Secretary of State
(Sept. 1969)
iumber of shares entitled to vote in respect of the Amendments, the number of shares voted in favor
of the adoption of the Amendments, and the number of shares voted against such adoption are as follows:
Total Shares Entitled to Vote as a Class
(as listed immediately above)
(1) (2) (3)
72 672 '
Shares entitled to vote: .......6............. ............. ...... .................. ....................
Shares voted in favor: .................... ...67.2 .......... ................ ....................
Shams voted against- .................... . ..Nqn.e ....... .................... .......
1WHXXIZLVXKXM&bX,VX(XM(X)OXXXXXXXXXXXYx.v.xx,xx�xxx.XAVXXXXXM=aftxtAKANWMXofxxxx
XXXXXXXXXML$exxx,v;t=(X;((X,V.vx xh*qM'1t►X1fAX XfX,%NXP1Xtk(X .99MAKItOX XRtkhk)tX XiX MW.KqXX X X
xA==OO9x 9xMftWh&"M xtkx kA)l xx q'd'MCR!K.
Section 3. Compliance with Legal Requirements.
The manner of the adoption of the Amendments, and the vote by which they were adopted, constitute
full legal compliance with the provisions of the Act, the Articles of Incorporation, and the By -Laws of the
Corporation.
ARTICLE III
Statement of Changes Made With Respect
To The Number of Shares Heretofore Autborized
Prescribed by William N. Salim, Secretary of State
(S'ept. 1969)
IN WITNESS WHEREOF, the undersigned officers execute these Articles of Amendment of the Articles
-of Incorporation of the Corporation, and certify to the truth of the facts herein stated, this ...... $...day of .... Jarivary
l.
................ 1 19 ...........
Written
... . ... .............................. ............. ......................................................................
Sig tore) (Written Signature) en
N. E. Gunderson A. A. Danner
........................................................................................ ...... --- ... ........................................
(Printed Signature) (Printed Signature)
President of Secretary of
-------------- L7�-Y.NE..W,,,ATEF,..COMPANY,....IN.0 ......... ............ LAYNE.MUZE ... C.01".IFARX ..... INC ..........
....... ..... .............. ..... * "*'"* ------ .... .. . ..............
(Name of Corporation) (Name of Corporation)
STATE OF INDIANA
COUNTY OF ... S.t.-,J2s_eph ....... SS:
1, the undersigned, a Notary Public duly commissioned to take acknowledgements and administer oaths
in the State of Indiana, certify that ......._N E . Gund§��:gqQ.n ........
...... ........... the .... __ ---------------- President, and
r an A. A An . De. Inc.
.................. I manner .......... _, the _ ............... ............... Secretary of ... Layne ..
the officers executing the foregoing Articles of Amendment of the Articles of Incorporation, personally ap-
peart-d before me, acknowledged the execution thereof, and swore to the truth of the facts therein stated.
Witness my hand and Notarial Seal this ............... 8111 ................day of_ .... __Zar1UDX.Y .................... 19...71.
71.
(written
................
.. .. ..
.................... (.�
*'i*'*** r ..
Ignatu c)
Melba M. tams
............................... 11 ............................................ .........
(Printed Signature)
My' Commission Expires: Notary Public
ptember 30, 1972
------------
..........................
This 'ij�strument was prepared by ................... N��th.qA rl.. L evy .................................................. Attorney at Law,
(Name)
1111_!�et"e-600 .... Whi.tqPmb.& .... Kelle.r.--B.1dg.: ....... __5jQ1W1...Den.d . ......... iacuana ........................4.66.01........
I (Number and Street or Building) (City) (State) (Zip Code)