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Home My WebLink About#1281- Deed; Partial Release of easement from Indiana and Michigan electric coPARTIAL IILIASE OF EASEMENT from Indiana &-Michigan Electric Co. to City of South bend; a 30-foot strip of land, 15 feet on each side of the following described cenL-erline (SEE DEED) CITY of SOUTH BEND ROGER O PARENT. Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 219/284.9412 BOARD OF PUBLIC WORKS John E. Laszczynski, Presfdenl Katherine G. Barnard Michael L. Vance C E R T I F I C A T I O N CITY OF SOUTH BEND ) SS: COUNTY OF ST. JOSEPH ) I, Sandra M. Parmerlee, Clerk of the Board of Public Works, City of South Bend, St. Joseph County, Indiana, do hereby certify that the attached and foregoing is a full, true, complete and correct copy of the Partial Release of Easement from Indiana & Michigan Electric Company to the City of South Bend, submitted to and approved by the Board of Public Works on November 8, 1982, and recorded in the Office of the Recorder on November 16, 1982, the original of which is now on file in the Office of the Clerk of the Board of Public Works of the City of South Bend, St. Joseph County, Indiana. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Board of Public Works of the City of South Bend, Indiana, this 21st day of November, 1985. . k,Gt�/2,CLr Sandra M. Parmerlee, Clerk Board of Public Works City of South Bend 0Power INLII NA & MIC_H/GAN ELECTRIC COMPANr systent 220 West Colfax Avenue, P.O. Box 1731, South Bend, Indiana 40634 Telephone (M) 233.9371 October 28, 1982 Richard L. Hill, City Attorney County -City Building South Bend, Indiana I t OCT' 1982 Re: Release of Easement granted by the Studebaker - Packard Corporation Dear Mr. Hill Here is the fully -executed release for that part of the easement on South Bend municipal property vacated by relocation of the electric facilities. We have also enclosed a drawing that outlines the subject release and the location of the existing facilities. Sincerely INDIANA & MICHIGAN ELECTRIC COMPANY Thomas R. Manak Real Estate and Right of Way APPR ra BOARD OF PUBLIC WORKS NUV 1982 .. ......... .... .................................................. artiai Release of Easement zj_M� 4,59 loan No. 8030 (7A IfVt-69 Rev.) Refers to Easement N0.1.673,.Map No...57......... City of South Bend,,,,z.ndian... it... „Board of Directors„ '��ereiurb �►f •. Count -Cit Buildin .................. .............................................................Y.........,Y...................... ........................... South Bend, Indiana ......•"' ................ ...................................... ............... ..............I .... ....... .............,..... One Dollar ($1.00) and other good and valuable consideration, in consideration of which INDIANA &. MICHIGAN ELECTRIC COMPANY, an Indiana corporation 2.20•-222 West••Colfax• Avenue South Bend, Indiana 46601 ........................................... ................................................................................................. ..................................................................................................................................... Cit of South Bend, Indiana... hereby releases, conveys and quitclaims unto the said .............Y......... its successors and assigns ylpgpgg xgs] , all the right, title and interest ...................................................................... vested in it by virtue of that certain deed of easement granted to.xt],at�.�..•••�'la-�h�ga"'E� �or� Company by„The Studebaker Packard,•,Corporation•t...A„M.Gl?g...�•Q�•FQ•�t�Qn .................. is ...haying.. i.ts...p.rincipal...l?lac.e_,of...busines.s...in... .�Y...a ...t o tr.kl... dated the 2n.... day of ...Oc,t,Qbe ,.........•............ . 19�.6..•... , and recorded in the office of the Register of d. Deeds for St. Joseph County, in Volume...... , Page._;-8•Q, affecting that certain parcel of Cit land situate In the ...................... of ._.South Bend .............. County of ..St - Joseph...,,,.,,.., , State of ........' Indiana being part of Section 11...... , Township. ..... and Range ..... , as follows: A 30-foot strip of land, 15 feet on each side of the follow- ing described centerline: Commencing at the Southwest corner of Tract No. 3 of the Studebaker Corporation Replat as recorded in Plat Book 11, page 184, in the Office of the Recorder of St. Joseph County, Indiana; thence South 89051146'' East along the South line of Tract No. 3, said line being also the North line of Sample Street, a distance of 1080.37 feet to a point; thence North 00016'04" East a distance of 35.06 feet to a point; thence North 6001108" East a distance of 123.28 feet to a point; thence North 4039'23" East a distance of 49.19 feet; thence North 89047'35" West a distance of 20.06 feet to the true point of beginning of this centerline descrip- tion; thence Northwesterly, 385 feet, more or less, to a point that is 138 feet West of the East line of property deeded to Indiana & Michigan Electric Company by deed re- corded in the Office of the Recorder of St. Joseph County, Indiana, in Book 656, page 132, for the true point of end- ing of this centerline description; said point of ending also being described as 700.31 feet South and 814.49 feet West of the Northeast corner of Tract No. 3 of the Studebaker Corporation Replat, said Northeast corner being on the East line of said tract and the West line of Lafayette Blvd. Nothing herein contained is intended to change, modify, abridge, waive, diminish, discharge or affect in any way fhe right, title or in- terest of said Indiana & Michigan Electric Company in and to the remainder of the real estate mentioned or described in said Deed of Easement, referred to above; and PROVIDED, FURTHER, that the right to cut, to control or eliminate by herbicides, and at its option to remove from said real estate any trees, overhanging branches, vegetation, obstacles or obstructions which may endanger the safety or interfere with the installation, use, or enjoyment of all or any of said Company's facilities, and the right of ingress and egress to, over and from such real estate and any adjoining lands of the Grantors therein named at any and all times for the ourposes of exercising and enjoying any and all rights vested in said Company thereby, as set forth in said Deed of Easement, shall not he affected in any way by this Partial Release of Easement and shall remain in full force and effect in the real estate hereinabove described. fn Witness IV4erraf, INDIANA & MICHIGAN ELECTRIC COMPANY has caused its corporate name to be hereunto affixed and this instrument to be signed and sealed by its Vice Presi- dent and its corporate seal to be attested by its Asst. Secretary this ...26th day of October ...... . Ig 82.. Signed and acknowledged in the presence of. #Robert M. Hoffman INDIANA &MICHIGAN ELECTRIC COMPANY By .......!c.4. -.. ............................... ................ ............. .. C. Me e $.Vice :President RWRR/E Attest .... �.... .................. Car J . Moos Asst. Secretary 11 .lrtial Release of Easement orm No. 8030 (7A IM -69 Rev.) Rerriurb of Refers to Easement NoJ.67,3,.Map No...575................. City of South Bend, Indiana,„its Board of Directors .....County-Ci.ty Building.....•............................................................ South Bend, Indiana ......................................... . ............................................................... One Dollar (SI.00) and other good and valuable consideration, in consideration of which INDIANA & MICHIGAN ELECTRIC COMPANY, an Indiana corporation 220-222 West Col fax„ Avenue•,,,,,. South Bend, Indiana 46601 ........................................................................................................................................................................... hereby releases, conveys and quitclaims unto the said ..... CitY... f... South Bend ...... InAiana.... .........•,,,,• its successors and a.s.sign ... . s all the right, title and interest .........ptstps, g vested in it by virtue of that certain deed of easement granted to Z.nc1ian.a...�t•• 4"1� �?��gan••• 1 e•c��•�- "' ............... Company by The Studebaker,-Packard,,,Corpo,rat,io.n,t,„a•,M,,G�.g•••�•QpQa�Qn K ,•,__•.•_having its Principal. p?l ace ,•of bus>_,nes,s...in.. Czty..of...,5oVt.b...I en-dIn.dz.aX�a.. dated the 2nd..... day of ...October ....................... . 195.6...... , and recorded in the office of the Register of ,_� Page, - 7.8- 8 Q, affecting that certain parcel of Deeds for •,St . Joseph County, in Volume ..., 5 , land situate in the ..........C..X.... it .......... of ...South...Bend............... County of ..5�.�...J�se�h............. State of ..... Indiana , being part of Section l.l...... , Township .37. Nar h,,,,.and Range 2....Za.$.t..... , as follows: A 30-foot strip of land, 15 feet on each side of the follow- ing described centerline: Commencing at the Southwest corner of Tract No. 3 of the Studebaker Corporation Replat as recorded in Plat Book 11, page 184, in the Office of the Recorder of St. Joseph County, Indiana; thence South 89051'46" East along the South line of Tract No_ 3, said line being also the North line of Sample Street, a distance of 1080.37 feet to a point; - thence North 00016'04" East a distance of 35.06 feet to a point; thence North 6001'08" East a distance of 123.28 feet !. to a point; thence North 4039'23" East a distance of 49.19 feet; thence North 89047'35" West a distance of 20.06 feet to the true point of beginning of this centerline descrip- tion; thence Northwesterly, 385 feet, more or less, to a point that is 138 feet West of the East line of property deeded to Indiana & Michigan Electric Company by deed re- corded in the Office of the Recorder of St. Joseph County, Indiana, in Book 656, page 132, for the true point of end- ing of this centerline description; said point of ending also being described as 700.31 feet South and 814.49 feet West of the Northeast corner of Tract No. 3 of the Studebaker Corporation Replat, said Northeast corner being on the East line of said tract and the West line of Lafayette Blvd. Nothing herein contained is intended to change, modify, abridge, waive, diminish, discharge or affect in any way the right, title or in- terest of said Indiana & Michigan Electric Company in and to the remainder of the real estate mentioned or described in said Deed of Easement, referred to above; and PROVIDED, FURTHER, that the right to cut, to control or eliminate by herbicides, and at its option to remove from said real estate any trees, overhanging branches, vegetation, obstacles or obstructions which may endanger the safely or interfere with the installation, use, or enjoyment of all or any of said Company's facilities, and the right of ingress and egress to, over and from such real estate and any adjoining lands of the Grantors therein named at any and all times for the purposes of exercising and enjoying any and all rights vested in said Company thereby, as set forth in said Deed of Easement, shall not he affected in any way by this Partial Release of Easement and shall remain in full force and effect in the real estate hereinabove described. ftt Witness W4errof, INDIANA & MICHIGAN ELECTRIC COMPANY has caused its corporate name to be hereunto affixed and this instrument to be signed and sealed by its Vice Presi- dent and its corporate seal to be attested by its Asst. Secretary this ... 26??.. day of ...•October ..... r 19 82 Signed and acknowledged in the presence of: Robert M. Hoffman - # ....... INDIANA &//MICHIGAN ELECTRIC COMPANY By4.:.........................:........ ............ . C. Me e ,Viqe President KD R RjE Attest: ,,.,i r.. a.............................................. Car J . Moos Asst. Secretary IvEw yo2/C CeNT(c.4G Gq,d-204D of 30� 138 ea T �'t �e.sns�� _To a0 Haarµ EAST z qca r -3 / 15Tuog 8h/Kgx 609P. WIT4./►T Q d m g,St WXs? L"V9 eF 1 PATax-rr OEeP �econ o o 6S6 p. i.3x W `aN6 Vs4oG, 7X0 ou S,456NsNr 62QNra cu •re+ Deso e 7'0 8L-.-%2ecrtAsry - ��q. 1 f Aq /086.37 RTIAL RELEASE OF EAS. NO. 1673, MAP 575 .AWING NO. T-3-1956, COMMISSIONERS OF CITY OF SOUTH BEND, IND. ATE SALT STORAGE BUILDING TO BY CONSTRUCTED ;ND CITY PROPERTY. ASED strip of land, 15 feet on each side of a centerline beginning on the North line of Sample Street Station property; thence North 385 feet to point of ending. Line relocated on I&M easements granted with deed from Studebaker Corporation to I&M recorded in Book 656, at page 132, Office of Recorder, St. Joseph County, IN Additional easement granted by Board of Public Works 9-23-1 Qp?r ^nd rcc .rded c n Mi c _.:f-I ,i nr. 82-1 4P22) TO BE RETAINED ,Ma East-West locations and also, line northeasterly from Prairie Avenue as shown on Drawing No. T-3-1956 Seer A coyp,&NY,nic DaAWIN & T-I-jR56 8216` S9 Y )Vr,w+l 6IZIC effra'¢L &'L20,40 Get' �jI��RS�I1,C.17 To �F 00 /",t3 � /?O�� - eF �30�EgScrlBN'f -ro c�l✓ Ce,CNex Ix— AG7 3 �•l� SYefOfk3AkER '4T /0R6._37 l M o I -- J— roo 40&rµ C'45T z AC r 3 si'uoEaAKEt Copy, WCP.AY K1 V/fST L,�� eF ! LiF PAT Aipl Qeco �icanD�o �Sb p i,�2 LiNF �fL04,}fdrd on! �As�i/iivr � Gn.gvrF ru �rN I"�reo � 44, j9 REQUEST A MARTIAL RELEASE OF EAS. NO. 1673, MAP 575 (RECORDED DRAWING NO. T-3-1956, by BOARD OF COMMISSIONERS OF CITY OF SOUTH BEND, IND. to ACCOMMODATE SALT STORAGE BUILDING TO BY CONSTRUCTED ON SOUTH BEND CITY PROPERTY. TO ICE RELEASED A 30--foot strip of land, 15 feet on each side of a centerline beginning on the North line of Sample Street Station property; thence North 385 feet to point of ending_ Line relocated on I&M easements granted with deed from Studebaker Corporation to I&M recorded in Book 656, at page 132, Office of Recorder, St. Joseph County, IN Additional easement granted by Board of Public Works Qp2 -:d r4L' r d e d c n Mi C= o f i 1 m No- 82-1 4P2 TO BE RETAINED East-West locations and also, line northeasterly from Prairie Avenue as shown on Drawing No. T-3--1956 Seer /�<oypANyri.✓b DrcAW/W1% T- s- i 456 f .M 4{ + 1 � 3 { Q i. OF EASEMFName . rol.>s--RecvnR ��.-.Studeh�er-Packe�rd Corporbt.... DA Eae. No-.16.73.......... Map No._..575...... Address.6.35-So.....Ma�iz� ..S.txxe.e.t... ............... Drg. NoP7n11&22......._W. 0,,,5611114 .................QutIA...13Braa.,....Inaie.r�a This In left+... made this____-- 2pd BUOK 561 PAGE ' 1 C] ZI f . s----------day of -----------------October. - - - 19_�6__ by and between --------------- The-.S.tudebaker-Pac�a rinci al laQrt> t�.ori,-_8.1�i �hi.>a__li �or�ortion__havng - p P - p ee of business in ---- -------------- - ---------------------------- ------------- -------------- --------------- ------- - ---- City --- of__.S.ou_th_Aend------------------- State of_--Inditcna part_,__- of the first part, and INDIANA & MICHIGAN ELECTRIC COMPANY, a co existing under the laws of the State of Indiana, party of the second part. rporation organized and-------------- illit"rastttiz That for and in consideration of the sum of One Dollar in hand paid to the part__y_-- of the first part by the party of the second part, the receipt of which is hereby acknowledged, said part_.�r__-___ of the — first part hereby grant s, bargain s , sell s, convey s, and warrant s to the party of the second part, its successors and assigns forever, a right of way and easement with the right, privilege, and authority to said party of the second part, its successors, assigns, lessees, and tenants to construct, erect, operate and maintain ---- _.------- line s of poles and wires for the purpose of transmitting electric or other power, in, on, along, over, through or across the following described lands situated in --------- .--- itryc� '__�Ixtb -Bend-_---__--___.____.__________________ in the County of -------- st.__.fo.seph------------------- , in the State of ----------- Ir1d.i x�---------------.------------------ . :lnc part of Section No._3.J.__&_�,la----------- Township No.-_3.7-Nerth.-------- and Prange No-2__-PAst--________-ffffV5MMM: ---------------------- ---------- -- -- - -------------------------------------------------------------------------- ------------- --------- — -- - - - ----- - - --------------------- 94pthz-$cam hy=the--tR*tsz;ut---------------------------- ----- ----------------------------- -------- ------ 4se-'mac - All electrical facilities are to be constructed in accordance with drawing No. T-3-1976, sheets 1 and 2 attached hereto and made a part hereof. TOGETHER with the right to said party of the second part, its successors and assigns, to place, erect, minf,ain, inspect, add -- to the number of, and relocate at will, poles, crossarms or fixtures, and string wires and cables, adding thereto from time to time, across, through or over the above described premises, to cut and, at its option, remove from said premises or thr' premises of th,- hart...yl....._. of the first part adjoining the same on either side, any trees, overhanging branches or other obstructions whid'r rs<.; endanger the safety or interfere with the use of said poles or fixtures or wires attached thereto or any structure on said premises, and the right of ingress and egress to and over said above described premises and any of the adjoining lands of the part..7........ of the first part, atany and all times, for the purpot c of patrolling the line, for repairing, renewing or ad -ling to the nur. b r of said poles, structures, fixtures and wires, and for doing anything necessary or useful or convenient for the enjoyment of th' ease- ment herein granted, also the privilege of removing at any time any or all of said improvements erected upon, over, or on said land, together with the rights, easements, privileges and appurtenances in or to said lands which may be required for the full enjoyment of the rights herein granted; provided however, the said INDIANA & MICHIGAN ELECTRIC COMPANY, its successors or — assigns, shall further pay to me/us or my/our heirs or assigns, the sum of Five Dollars ($5.00) for each pole or anchor erected on said lands, he-einhefore described, from time to time, whenever and as soon as any poles are erected thereon. Grantee will immedi- ately repair or replace all fences, gates, drains and ditches damaged or destroyed by it on said premises or pay Grantor all damages done to the fences, drains, ditches, crops and stock on the premises herein described, caused by the construction, operation and maintenance of said lines. All claims for damages caused in the operation and maintenance of said lines, shall be made at or mailed to the office of the Grantee at Fort Wayne, Indiana, within thirty days after such damages accrue. If Grantor and Grantee cannot agree on the amount of damages, the same shall be arbitrated. Any trees cut will be paid for by Board Measure, using Scribner's lumber Rules, at the market price in vicinity, and this indenture contains all agreements, expressed or implied, between the parties hereto. iMa t"4Aur atria to 19aIb the same unto ,said party of the second part, its successors and assigns. �n titrtrss WIlerraf, the part-_-Y ___ of the first part ha_ L- hereunto set__-_? Via_—_ hand_-__ the day and year first above written. Signed and Acknowledged in the presence of: . -------- - ---- --_----- ---- - - --- --- - - -- - -- T131a._&YSJD_F A �, - A p-"---OORL — _bx 0 -------------------------- ----------------- - -- ------------ ----------- ------ ------- -------- ---- - resident -- --- - -------------------------------------------------- - - _--_ --------------- -- --- - ------------------------- / Assisfant' secretary--'—" -��-------- -�-?*rxX.rri^'dnl-i-rf7'rr:; ---- i` .. 1I TT /y�v� 1 1 O Fes. 5V rI a •;CD0 o I l � �. � O j 1 f 't t � ; o I - fl � '• 1 c�D 1 'Li ;< .I t z o , p p F+ M THE STATE OF INDIANA sa. -------------------------------------County Beforeme,---------- --- -------------- ------------------ ----------- County and State, this ----------------- ----day of---------- theabove named----- -------------- -- - -------------------------- -The__Studebai;er7ftck4rd_ Corporation------------- ____ __ , a Notary Public in and f;,r sai:I ---------------, 19-.----, personally appeared -------------------------President-�f ------ ----------------------------- ---- ----------------------------------_----------- ---------- ------------- ------------------------------- and acknowledged the execution of the annexed deed of easement. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day and year above written. My commission expires. ---_--_ ------------------------------- -- _ — Notary Public. 19---- ---- STATE OF MICHIGAN Wa --- ss. COUNTY OF--------�° --------------------- On this_---- nd----------- day of ---------------------- October ------------ , 19---5b, before me personally appeared -r - H. E. Churchill? --President of Studebaker -Packard Corporation to me known to be the person-___ described in and who executed the foregoing instrument, and acknowledged that_.__ -he ----- _____executed the same- s ---- his____ -__-free act and deed. Notary Public ROSALIE CIORDANO Nafir� p Y y, ��-------------------------------------------------- --County, Michigan y ub,1c. V;'ine Count Mich,r r, My eommissi�n expiresr�y.; n^,�.. ;:ir,: ...aL