HomeMy WebLinkAbout#1285- Deed; distribution easement - to indiana and michigan electric co , salt storage-tt/'z 8 Y
DISTRIBLTIiN EASEMET"T from City of
South Bend to Indiana & Michigan
Electric Co.; a part of the S.E. 1/4
of said Section 11, Township 37 N.,
Ran.�;e 2 East, Portage Township,
Ci-cy of South Bend, IN as follows:
(SEE DEED) RE: SALT STORAGE
8300908
Form No. 8091
r
DISTRIBUTION EASEMENT
indiv. & Corp.
)verhead & Underground
Serial No.
21723
r , L':;
Jr� ! 50 AM 183
Eas. No. Map No._
THIS INDENTURE, made this 23rd_ _ day of September•„ `'i_ ASF-U c,cwn
Between Board of Public WorksL.
W.O. No.
;hose address is Rm. :�1308 County-CityCounty-City Building, South Bend, Indiana
hereinafter called "Grantor"), and INDIANA & MICHIGAN ELECTRIC COMPANY, an Indiana Corporation
whose address is 2101 Spy Run Avenue, Fort Wayne, Indiana, (hereinafter called "Grantee").
WITNESSETH: That for One Dollar ($1.00) and other good and valuable considerations
inhand paid, the receipt of which is hereby acknowledged, Grantor does hereby grant and convey to Grantee
a right-of-way and easement for the construction, operation, use, maintenance, repair, renewal, and removal
of a line or lines of overhead and underground facilities and equipment for the transmission of electrical
energy, including the right to permit attachments of others to said facilities, in, on, along, under, over,
across, and through the following described premises situated in 2ortagQ„__ 'Township, County
of St . Joseph , state of Indiana—, and being a part of Section 11 Township 37 Nor,th
and Range 2 East , to -wit:
A part of the Southeast quarter of said Section 11, Township
37 North, Range 2 East, Portage Township, City of South Bend,
Indiana, described as follows:
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 said 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; thence
North 6001' 08" East a distance of 123.28 feet; thence North,
4039'23" East a distance of 49.19 feet; thence North 4039'
23" East a distance of 120.15 feet; thence North 2006'30"
East a distance of 218.30 feet to the point of beginning of
this description; thence continuing along the bearing of
North 2006'30" East a distance of 50 feet; thence due West
125 feet; thence Southwesterly to -the point of beginning.
TOGETHER with the right of ingress and egress to, from, and over said Premises, and also
the right to cut or trim any trees and bushes which may endanger the safety or interfere with the construc-
tion and use of said power line.
Grantee shall promptly repair or replace all physical damages on the Premises proximately
caused by the construction, operation and maintenance of Grantee's Facilities.
It is agreed that the foregoing is the entire contract between the parties hereto and that
this written agreement is complete in all its terms and provisions and shall be binding on their respective
representatives, heirs, successors, and assigns.
IN WITNESS WHEREOF, Grantor, if individual(s), ha —hereunto set hand—;
and if corporation, has caused its corporate name and seal to he affixed by its duly authorized officers,
the day first above written.
Signed, Sealed and Delivered in Presence of
r
9
�!L �:� �300908
1 AN _ .lr I,
All'63
STATE OF INDIANA .; !: ICr
County of .................................. ss:
,i-- T0R' Ri
Be it remembered that on the.,,,.,,., day of ................... 19..... before the undersigned, a Notary
Public in and for the County and State aforesaid, personally appeared........ .........................................
President of the .......................................... .Company, and acknowledged the execution
of the foregoing instrument on behalf of said "Company, as the voluntary act and deed of said Company
for the uses and purposes therein set for and said officer, having been duly sworn, swears that the
statements contained therein relating to Indiana, gross income tax ere true.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written.
My Commission Expires
....................... I................. 19 .........
STATE OF MICHIGAN,
County of ................................... ss:
............................................................. .
Notary public
OnThis ....... .. ....... day of ..........
in the year of our Lord one thousand nine hundred and " "" "•'
....,,.,,,
.................................................
before me, a •••••••••••
appeared
..........................................
...... in and for said County
...........................
.., ,,,,, „ ""'•.. to me personally
known, who, being by me duly sworn, did. ........... say that
.......................................the
of.............................................................................................
.........................................................................................
the corporation named in and which executed the within instrument, and that the seal affixed to said in-
strument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf
of said corporation by authority of its board of directors; and said...........
free ....ac ..t and•...deed ..... of .... said ........corp....o......ration.... .................I...................acknowledged said instrument to be the
Notary Public, .............................. County
Michigan
Mycommission expires ................................ 19
STATE OF INDIANA
...S.t_...Jasep ............ County ss:
Before me........ David A. WeJ.1s
County and State, this 23rC1 ..................................., a Notaiy2Public in and for said
day of ... September 19 $$ rsonallthe above named....;TOhn E. Leszczynsk .,. Richard L.� Hi'IZ a pe a eared
..it?�Ii?1�ers...Q�..t,he...Board o .... ??d„Jose .....
....
.......................... .............. Pub:l c::inTorks::of.: the . Ca.. YA..........
...............................
and acknowledged the execution of the within instrument.
a WIT SS WHEREOF, I have hereunto set my hand ffi ial seal thi day and y above written.
Da�li1-d .A:...��ells ..............................
fry"` Resident of St. Jose Public.
Notary
My co rssion expires Jarluar ZZ ph County
..................Y...... ..... , 19 83
STATE OF MICHIGAN
County of ................................... ss:
.....On this...................day. of ...................................... ... . 19. . , before me personally appeared
.......................
.............................::............ ................. ............
to me known to be the .................................................
person ..described in and who executed the within instrument, and.acknowledged
that ......•....... executed the sa
me as ,,,,•,,, „free act and deed.
............................. .......I ...................... . Notary Public
� commission / on expires ......... Count
l
� , � y masr p� .......... , 19 ............ y, Michiga
8300908
Form No. 8091
DISTRIBUTION EASEMENT
Indiv. & Corp. W.O. No.
Overhead & Underground
Serial No. 21723
pia 8 5 r . I
Jrl?a 18 10 50 AH 163
Eas. No. Map No.
THIS INDENTURE, made this 23-K-d- day of—S-epterRber_ _F i �, iISF.8;. {� ;7 ^r,;.
Board of Public Works
between
:s T m _ 4b13G8 Colin ty-city Rt�H7-1gy6503„1 h BF, Tnrlr
(hereinafter called "Grantor"), and INDIANA & MICHIGAN ELECTRIC COMPANY, an Indiana Corporation
whose address is 2101 Spy Run Avenue, Fort Wayne, Indiana, (hereinafter called "Grantee").
WITNESSETH: That for One Dollar ($1.00) and other good and valuable considerations
in hand paid, the receipt of which is hereby acknowledged, Grantor does hereby grant and convey to Grantee
a right-of-way and easement for the construction, operation, use, maintenance, repair, renewal, and removal
of a line or lines of overhead and underground facilities and equipment for the transmission of electrical
energy, including the right to permit attachments of others to said facilities, in, on, along, under, over,
across, and through the following described premises situated in Township, County
of St . Joseph , State of Indiana—, and being a part of Section _11-- ,Township 7 No ,th
and Range 2 East , to -wit:
A part of the Southeast quarter of said Section 11, Township
37 North, Range 2 East, Portage Township, City of South Bend,
Indiana, described as follows:
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 said 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; thence
North 6001'08" East a distance of 123.28 feet; thence North,
4039123" East a distance of 49.19 feet; thence North 4039'
23" East a distance of 120.15 feet; thence North 2006'30"
East a distance of 218.30 feet to the point of beginning of
this description; thence continuing along the bearing of
North 2006'30" East a distance of 50 feet; thence due West
125 feet; thence Southwesterly to the point of beginning.
TOGETHER with the right of ingress and egress to, from, and over said Premises, and also
the right to cut or trim any trees and bushes which may endanger the safety or interfere with the construc-
tion and use of said power line.
Grantee shall promptly repair or replace all physical damages on the Premises proximately
caused by the construction, operation and maintenance of Grantee's Facilities.
It is agreed that the foregoing is the entire contract between the parties hereto and that
this written agreement is complete in all its terms and provisions and shall be binding on their respective
representatives, heirs, successors; and assigns.
IN WITNESS WHEREOF, Grantor, if individual(s), ha hereunto set hand _;
and if corporation, has caused its corporate name and seal to be affixed by its duly authorized officers,
the day first above written.
Signed, Sealed and Delivered in Presence of
isNAR i
,b
�" oSEF'H '
G (E"�Jr7
FILH [�c 00908
Au I b LO st AH 163
STATE OF INDIANA C o .
t
CountyOf ................................... 9 ��
Be it temembered that ca the......... day of ................... 19..... before the undersigned, a Notary
Public, in and for the County and State aforesaid, personally appeared ...........................................•....
President of the......... --------------------------------------------- Comp-ny. and acknowledged the execution
ut u.2 cow,&oke-6 :.,acc. cnt on behalf of aaid "Company, -as- the voluntary act and deed of said Company
for the uses and purposes therein set forth, ''and said officer, having been duly sworn, swears that the
statements co. stained therein relating to Indiana- gross income tax are true.
IN 9iITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written.
My Commission Expires
... .......... I........................... 19 .........
STATE OF MICHIGAN,
Countyof ................................... sa:
............................................................ .
Notary public
OnThis ........................................ day of ..........................................
in the vear of our Lord ono thnumanrl nine- h„nRmA ones
beforeme. a........................................................................ -
' ••�• ............... in and for said County
appeared .............................................................................
.. ................... to me personally
known, who, being by me duly sworn did ......................................... say that ..............................
of...................................... �e..............................................................................................
the corporation named in and which executed the within instrument, and that the seal affixed to said in.
strument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf
of said corporation by authority of its board of directors; and said ..............
......................................................................................acknowledged said instrument to be the
free act and deed of said corporation.
Notary Public, ............................. County, Michigan
MYcommission expires ................................ 19.......
STATE OF INDIANA
..&t.... Jaseph............ county
ss:
Before me .......... David A. Yells
County and State, this......2 x c ,••• day .•..•..•••.• '•••' , a Notary2Public in and for said
y of ... September 19 ••. Personally
the above named ....JR?:..E.,, Leszc�ynska_.,. RzchaE.
rci��L.��HiII andose� eared
..R.f..izj1e...$Q �1.. ot..Pu ,l c •T;lorks of the Cit of. .....
SQht..$lid......................................... .. .. y... .......
-arid ackraovv�edged the execution of the within instrument... ........ .
Sa WHEREOF, I have hereunto set my hand fi ial seal thi ay and year above Written,
Dad lid • A . �W.......
l l g •... • •.. 'NotaryPublic.
Resident of St. Joseph County
My coaAlt;simian expires ................... uary,..22........ 19 83 .
STATE OF MICHIGAN
County of ................................... as:
On this ............. of pe y appeared
..... day ...................................... , 19..... , before me rsonall
. .....................................................................................6.
....... ...
to me known to be. the person.... described in and who executed the within instrument, and acknowledged
that .............. executed the same as free act and deed.
................................................................... . Notary Public
Mycommission ex ices ...........................•....... County, Michigan
BOARD OF PUBLIC WORKS
John E Luszczynski, Pre5tdent
Katherine G Barnard
Michael L. Vance
CITY of SOUTH BEND
ROGER O PARENT. Mayor
COUNTY -CITY BUILDING SOUTH BEND. IPJDIANA 46601
C E R T I F I C A T I O N
CITY OF SOUTH BEND )
} SS:
COUNTY OF ST. JOSEPH }
219/284-9412
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 excerpts of the minutes of
the Board of Public Works meeting under date September 23,
1982 with respect to the approval of a Utility Easement at
the Municipal Services Facility to I & M Electric Company,
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.
andra M. Parmerlee, Clerk
Board of Public Works
City of South Bend
ATTEST:
Barbara J. Byers, C1etk
SpSCIAL MEETING
SEPTEMBER 23, 1982
A special meeting of the Board of Public Works was convened at
9:40 a.m., on Thursday, September 23, 1982, by President John
E. Leszczynski, with Mr. Leszczynski, Mr. Richard L. Hill and
Mr. Joseph E. Kernan present. Also present was Assistant City
Attorney Carolyn Pfotenhauer.
APPROVAL OF COMMUNITY DEVELOPMENT CONTRACT --
SOUTH BEND DEVELOPMENT CORPORATION
Mr. Jon Hunt, Director of the Department of Redevelopment, explained
that Board approval was requested on a standard .form of Community
Development agreement with the South Bend Development Corporation
for the expenditure of $500,000 in the form of loans to assist in
maintaining a strong retail outlet in downtown South Bend. He
advised that the scope of services was somewhat different from
standard Community Development contracts and provided, through the
use of the Economic Development Capital. Fund, assistance by the
�J South Bend Development Corporation to economic enterprises through
a variety of mechanisms including, but not limited to, direct loans,
equity investments, working capital, loan guarantees, interest
subsidies and injection of seed funds. Mr. Hunt explained that
_i the attorneys for the South Bend Development Corporation have
reviewed the contract and have no objections to its language.
He hoped that the contract could be forwarded to the Development
Corporation for execution sometime the week of September 27, 1982.
Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and
carried, the contract was approved.
APPROVE UTILITY EASEMENT AT MU14ICIPAL SERVICES FACILITY
(I & M ELECTRIC)
Mr. Leszczynski noted that, in order for the Indiana & Michigan
Electric Company to relocate utility wires for the construction of
the salt storage facility at the Municipal Services Facility site,
it was necessary for the city to grant an easement to I & M to
enter upon the city's property to do so. Upon a motion made by
Mr. Leszczynski, seconded by Mr. Hill and carried, the easement
agreement was approved.
There being no further business to come bRefore the Board, upon a
motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried,
the meeting was adjourned at 9:45 a.m.
n E. Leszcz n i
Richard L. Hill
6 �.
Jose E. Kernan
ATTEST:
Barbara J. Byers, Cievk '�