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Home My WebLink About#1156- Deed; Easement - From Bakers to City of South Bend-Easment located within boundaries of a tract of land in St. Joseph County described Baker Manufacturing Co., 700 W. ChippewaEASEMENT from Louis Baker and Eleanor Baker to City of South Pend. This easement is located within the boundaries of a tract of land situated in the County of St. Joseph, described as follows: (SEE EASEMENT) Gaker Manufacturing Co., 700 W. Chippewa 0TV of So�,JTH P p\jrj ) PETER J. NEMETH, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 BOARD OF PUBLIC WORKS Patrick M. h7cMahon, P.E., President Thomas J. Brunner, Jr. Peter H. Mullen aakcr' Rubber Company c/o Richard Mintz, Attorney St. Joseph Bank Building South Bend, Indiana Dear Per. Mintz: September 19, 1978 219/284-9412 Enclosed is a copy of the recorded easement in regard to the Baker Rubber Company. This copy is for your records. Very truly yours, BOARD OF PUBLIC WORKS , 4�'�_& Patricia DeClercq, Clerk PDC/mp Enclosure �Ak M,gNA40LE loft LMAJ Ir q,T= /0 // P4 BOOK OOFEPAN v -W Ile roa, �„ \ �a _ L {{ i f 1 c�5— ,,,pjL- WKr YV=I- - _ 7`LJ{a -...'.-..,_.. .... __-.-...�.�..+•-v.--_..._........ r>._c_.. _..tee: t z_' ? \ ,j K+wC-? tvrc r r-L— ra;;a i� /} R Eft (!� )1 ��, _ pJ 000- sf r i �� t ;� . r� __ , ^�+A ;� r ACT. = gOx 2oaxO�^ c�;.'.;' x 7.48 = ayeg 2, 700 c �, FT . % ' 30: ',\�r:.,� /!10 = /2, 8l4 G.9t, A,f, = 2/4xAe'- . T _/ , t�0�v.FT, :,''S, !819 R S.. t,^� _ ! /l1i 1:� Y <<, f. F'T :' lee ir}ri=AF7; -'. L. Ileu ;4 A. r � x STAtr • r .'fy� �eY � Z• � � �`' ��ttliltViii{tiN11A�� 0.- \qiL— MMLI�.-O� 3 R,)ivr, 9RYWELL 4 0, Ape ACT 4 2, 700 6 F7^ fay12, glo 6,91, A ef 7-, 400 Z RE,�, 9,5� F T' /9 A R E,19 "'D i.. ,•0 = /,, —�? 2 0 o z 11 ------ — --------------- - & 4 Nc I f Ci 15f IOU .......... � EYk�� ///11:likt� vtuLfltli�111�' Pi/VC .. 95GC� s ----1 .7 A 1 By 7.. /4 7 SITE PLAN DhAI NA . Vic j .�RaNVu Her j } ? O l 7(a!_1z 4(-; A-li7 EASEMENT -#- // s(. In consideration of the sum of Ten ($10.00) Dollars cash in hand paid, receipt of which is hereby acknowledged, the undersigned hereby grant to the City of South Bend an easement for the following purposes: The right to enter upon the land described below and grade, level, fill, maintain and repair storm water retention facilities embraced within the easement as may be reason- ably necessary for both sanitary and storm sewer purposes. The duration of the easement shall continue until such time as the Grantors or their successors or assigns deliver to the City of South Bend an easement granting the City other land or additional facilities adequate to replace this easement, which land or other facilities shall provide storm water retention facilities which conform to the then existing building code of the City of South Bend and which consti- tute a reasonable replacement for this easement. This easement is located within the boundaries of a tract of land situated in the County of St. Joseph, State of Indiana, described as follows: PARCEL I A parcel of land in the North West quarter of the North East quarter of Section No. 26, Township No. 37 North, Range No. 2 East, described as follows, viz: Beginning at the South East corner of the North [lest quarter of the North East quarter of said Section No. 26; running thence North along the East line of the North West quarter of the North East quarter of said Section, a distance of 1021.87 feet to the Easterly line of the Pennsylvania Railroad Campany's right-of-way; thence South 28 degrees 13 minutes West along the Easterly line of said Railroad right -of --way, a distance of 1170.27 feet to the South line of the North West quarter of the North East quarter of said Section No. 26; thence East along said South line a distance of 553.4 feet to the place of beginning; EXCEPTING therefrom a triangular piece out of the South West corner of said tract, described as follows, viz: Beginning at a point on the South line of the North West quarter of the North East quarter of said Section No. 26, 200 feet West of the South East corner thereof; running thence West along said South line a distance of 353.40 feet to the Easterly right-of-way line of the Pennsylvania Railroad Company; thence North 29 degrees, 7 minutes East along said right-of-way line a distance of 450 feet; thence South 18 degrees, 55 minutes East a distance of 416.95 feet to the place of beginning, which exception contains 1.58 acres. PARCEL 11 A tract of land in the North East quarter (1/4) of the North East quarter (1/4) of Section 26, Township 37 North, Range 2 East, described as follows: Beginning at a point that is 410.4 feet South of the North West corner of the North East quarter (1/4) of the North East quarter (1/4) of Section 26, Township 37 North, Range 2 East; thence South along said line a distance of 899.61 feet to the South West corner of the North East quarter (1/4) of the North East quarter of ection; thence East along the South line of the North ,carter (1/4) of the North East quarter (1/4) of said section a distance of 415.90 feet; thence North a distance of 901 feet to a point that is 410..4.-feet South of the North line of the North East quarter (1/4)' of the North East quarter (1/4) of said section; thence Westerly a distance of 432.95 feet to the point of beginning. Subject to legal highways. The specific location of this easement is shown on the attached drawing marked "Exhibit A." The Grantors hereby covenant that they are lawfully seized and pos- sessed of the aforesaid tract of land; that they have a good and lawful right to sell and convey; that it is free from all encumbrances except mortgages; that they will warrant and forever defend the title in quiet possession thereto against the lawful claims of all persons whomsoever; and that they and/or their successors, agents, contractors or assigns warrant that they will not engage in or authorize any construction or activity of any nature now or in the future which will inhibit, disturb, or deny the stated purpose for which the land is to be used. The Grantors acknowledge that this easement is given in exchange for the further consideration of reduced storm water retention drywell require- ments. Louis Baker Eleanor Baker Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Louis Baker and Eleanor Baker, husband and wife, both of adult age, and acknowledged the execution of the foregoing on A96r.2 S, 1978. Richard L. Mintz tary Public Residing in St. Joseph County My commission expires: FE&. /O 14791 This `instrument prepared by Richard L. Mintz, 1221 St. Joseph Bank Building, South Bend, Indiana 46601. In T_ U �� ; n rn 4 y� i3 tl� - 2 -