HomeMy WebLinkAbout#1295- Deed; easement - to city, sanitary sewer easement, ames company improvementsDEED OF EASEMENT from Della R. $orr
to City of South Bend:
(SANITARY SEWER EASEMENT)
AAES COMPK Y IMPROVEMENTS)
CITY of SOUTH BEND
RUGER U PARENT nia�or
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
BOARD OF PUBLIC WORKS
John E. Leszczynski. President
Richard L. Hill
Joseph E. Kernan
MR. FREDERICK L. ROUSE, JR., P.E.
PROJECT ENGINEER
COLE ASSOCIATES, INC.
2211 East Jefferson Boulevard
South Bend, Indiana 46615
April 5, 1983 219/284-9412
RE: AMES COMPANY IMPROVEMENTS - SANITARY SEWER EASE14ENT
Dear Mr. Rouse:
Enclosed for your information and file is a copy of the Deed
of Easement pertaining to the above referred to matter. The
Board of Public Works, at its meeting held on Monday, April
4, 1983, approved and executed the Deed.
If you have any questions regarding this matter, please do not
hesitate to contact this office.
smp
Enc.
Sincerely,
BOARD OF PUBLIC WORKS
Sandra M. Parmerlee, Clerk
the employees and agents of the same.
IoSEPH CO.
FOR RECG:tu
�i3V521:�
DEED OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS, That Della R. Borr of,South Bend, St.
.4
Joseph County, State of Indiana (hereinafter "Grantor"), in consideration of
the sum of one Dollar ($1.00) and other valuable consideration, payment of
which is hereby acknowledged, does for herself, her successors, or assigns,
Grant and Release unto the City of South Bend located in St. Joseph County
(hereinafter "Grantee") an easement and right-of-way for a sanitary sewer
through and on the real estate described in Exhibit "A" attached hereto and
made a part of this Deed by reference.
To Have and To Hold unto the Grantee, as and for an easement and
right-of-way for the construction, maintenance, use, operation, repair,
replacement, and removal of said sanitary sewer together with such necessary
attachments and appurtenances as may be necessary for the proper use of the
same, Giving and Granting unto the Grantee and right to enter upon said
premises at any time for any of the purposes aforesaid, the conditions being
that the work of such repair, replacement, and removal shall be consummated
in a reasonable and workmanlike manner.
The Grantee covenants and agrees to pay any damages which may arise
from constructing, maintaining, and operating said sanitary sewer, more
specifically, the Grantee covenants and agrees to protect, defend,
indemnify, and hold harmless, the Grantor, her successors or assigns,
against any and all claims, damages, liabilities, and suits, including
attorney's fees, for property damage, bodily injury or death caused by or
alleged to be caused by or resulting from the activities or negligence of
the Grantee or any of its employees, agents, contractors, subcontractors, or
the employees and agents of the same.
83052i5
Said easement shall terminate and revert back to the Grantor, her
successors or assigns to the extent of their respective interests if and
when said easement is no longer used by the Grantee as a sanitary sewer.
The Grantee shall not assign said easement without the prior consent of
Grantor, her successors, or assigns.
Said easement is subject to any existing or future easements, if any,
on or through said real estate.
In WITNESS IdHEREOF, the undersigned has hereunto set her hand this
day of ,�/���L/ 1983.
- 2 -
8305215
State of Indiana
SS:
County of St. Joseph
De a R. Borr
Before me, a Notary Public in and for said County and State personally
appeared Della R. Borr who acknowledged the execution of the foregoing Deed
of Easement for the purposes therein contained.
Witness my official signature and seal on this
day of , 1983.
L,,�otary
My
Commission
Expires:
! IU
l8 14.
My
County of
Residence:
Sr
We —
:t
Ott
This Instrument prepared by Peter A. van Houwelingen, Attorney, Elkhart,
Indiana.
- 3 -
S306zi5
EXHIBIT "A"
SANITARY SEWER EASEMENT #1
An easement for the construction, installation and maintenance of a sanitary
sewer and related appurtenances.
Located in the Southeast Quarter of the Northeast Quarter of Section 26,
Township 37 North, Range 2 East, Centre Township, St. Joseph County, Indiana,
and being more particularly described as follows:
Commencing at the Northeast Corner of the Sgutheast Quarter of the Northeast
Quarter gf said Section 26; thence South 89 44' 16" West, 30.01 feet; thence
South 01 30' 29" blest, 2.64 fee to the Point. of Beginning of this descrip-
tion; thence continuing South 01 30' 29" West, 15.02 feet; thence South 880
46' 59" West, 288.25 feet; thence South 430 46' 59" West, 75.20 feet; thence
South 890 44' 18" West, 27.95 feet; thence North 000 15, 48" West, 61.50 feet;
thence South 89 44' 16" Wes 63.58 feet; thence South 88 32' 27" West
167.02 feet; thence South 85 09' 03" West, 207.17 feet; thence South 87a 59'
32" West 214.81 feet, thence North 020 00' 28" Wes, 41.62 feet; thence
North 89� 44' 1�" East, 20.01 feet; thence South 02 00' 28" East, 26.01 feet;
thence North 87 59' 32" Eas;, 194.96 feet; thence North 850 09' 03" Eas8,
207.15 feet; thence North 88 32' 27" East; 167.19 feet; thence North 89 44'
16" East, 86.22 feet; thence South 00° 15' 44" East, 23.50 feet; thence North
890 44' �6" East, 35.84 feet; thence North 430 46' 59" East, 22.19 feet; thence
North 88 46' 59" East, 295.18 feet to the Point of Beginning. Containing
0.419 acres more or less.
SANITARY SEWER EASEMENT #2
An easement for the construction, installation and maintenance of a sanitary
sewer and related appurtenances.
Located in the Southeast Quarter of the Northeast Quarter of Section 26,
Township 37 North, Range 2 East, Centre Township, St. Joseph County, Indiana,
and being more particularly described as follows:
Commencing at the Northeast Corner -of the Sgutheast Quarter of the Northeast
Quarter of said Section 26; thence South 01 30' 29" West along the East Vne
of the Northeast Quarter of said Section 26, 195.93 feet; thence North 88
29' 31" Pst 30.00 feet to the Point of Beginning og this description; thence
South 01 30' 2�" West, 50.00 feet; thence North 88 29' 3�" West, 15.00 feet;
thence North 01 30' 29" East, 50.00 feet; thence South 88 29' 31" East,
15.00 feet to the Point of Beginning. Containing 0.017 acres, more or less.
49
E C.
;:OR PE OR,
U. 1
on, and maintenance of a
ast Quarter of Section 26,
iship, St. Joseph County,
follows:
Commencing at the Northeast Corner of the Southeast Quarter of the Northeast
Quarter of said Section 26; thence South 89' 44' 16" West, 30.01 feet;
thence South 01' 30' 29" West, 2.64 feet to the Point of Beginning of this
description; thence, continuing South 01' 30' 29" West, 15.02 feet; thence
South 88' 46' 59" West, 288.25 feet; thence South 43' 46' 59" West, 75.20
feet; thence South 89' 44' 16" West, 27.95 feet; thence North 00' 15' 44"
West, 53.00 feet; thence South 89' 44' 16" West, 57.86 feet; thence South
87' 59' 32" West, 594.19 feet; thence North 02' 00' 28" West, 41.62 feet;
thence North 890 44' 16" East, 20.01 feet; thence South 020 00' 28" East,
26.01 feet; thence North 87' 59' 32" East, 574.43 feet; thence North 89' 44'
16" East, 80.59 feet; thence South 00' 15' 44" East, 15.00 feet; thence
North 89' 44' 16" East, 35.84 feet; thence North 43' 46' 59" East, 22.19
feet; thence North 88' 46' 59" East, 295.18 feet to the Point of Beginning.
Containing 0.414 acres more or less.
SANITARY SEWER EASEMENT No. 2
An easement for the construction, installation, and maintenance of a
sanitary sewer and related appurtenances.
Located in the Southeast Quarter of the Northeast Quarter of Section 26,
Township 37 North, Range 2 East, Centre Township, St. Joseph County,
Indiana, and being more particularly described as follows:
Commencing at the Northeast Corner of the Southeast Quarter of the Northeast
quarter of said Section 26; thence South 01' 30' 29" West along the East
line of the Northeast Quarter of said Section 26, 195.93 feet; thence North
88' 29' 31" West 30.00 feet to the Point of Beginning of this description;
thence South 01' 30' 29" West, 50.00 feet; thence North 880 29' 31" West,
15.00 feet; thence North 01' 30' 29" East, 50.00 feet; thence South 88'
29' 31" East, 15.00 feet to the Point of Beginning. Containing 0.017 acres,
more or less.
8305215
EXHIBIT "A"
SANITARY SEWER EASEMENT NO. 1
An easement for the construction, installation, and maintenance of a
sanitary sewer and related appurtenances.
Located in the Southeast Quarter of the Northeast Quarter of section 26,
Township 37 North, Range 2 East, Centre Township, St. Joseph County,
Indiana, and being more particularly described as follows:
Commencing at the Northeast Corner of the Southeast Quarter of the Northeast
Quarter of said Section 26; thence South 89' 44' 16" West, 30.01 feet;
thence South 01' 30' 29" West, 2.64 feet to the Point of Beginning of this
description; thence, continuing South 01' 30' 29" West, 15.02 feet; thence
South 88' 46' 59" West, 288.25 feet; thence South 43' 46' 59" West, 75.20
feet; thence South 89' 44' 16" West, 27.95 feet; thence North 00' 15' 44"
West, 53.00 feet; thence South 89' 44' 16" West, 57.86 feet; thence South
87' 59' 32" West, 594.19 feet; thence North 02' 00' 28" West, 41.62 feet;
thence North 89' 44' 16" East, 20.01 feet; thence South 020 00' 28" East,
26.01 feet; thence North 870 59' 32" East, 574.43 feet; thence North 89' 44'
16" East, 80.59 feet; thence South 000 15' 44" East, 15.00 feet; thence
North 890 44' 16" East, 35.84 feet; thence North 43' 46' 59" East, 22.19
feet; thence North 88' 46' 59" East, 295.18 feet to the Point of Beginning.
Containing 0.414 acres more or less.
SANITARY SEWER EASEMENT No. 2
An easement for the construction, installation, and maintenance of a
sanitary sewer and related appurtenances.
Located in the Southeast Quarter of the Northeast Quarter of Section 26,
Township 37 North, Range 2 East, Centre Township, St. Joseph County,
Indiana, and being more particularly described as follows:
Commencing at the Northeast Corner of the Southeast Quarter of the Northeast
quarter of said Section 26; thence South 01' 30' 29" West along the East
line of the Northeast Quarter of said Section 26, 195.93 feet; thence North
88' 29' 31" West 30.00 feet to the Point of Beginning of this description;
thence South 010 30' 29" West, 50.00 feet; thence North 880 29' 31" West,
15.00 feet; thence North 01' 30' 29" East, 50.00 feet; thence South 88'
29' 31" East, 15.00 feet to the Point of Beginning. Containing 0.017 acres,
more or less.
opR 49
7NDIANA
j FOR RECO
1"
FROM:
SUBJECT:
CITY ATTORNEY S OFFICE
INTER -OFFICE MEMO
JOHN LESZCZYNSKI
CITY ENGINEER
CAROLYN V. PFOTENHAUER ASSISTANT CITY ATTORNEY '•
MD
CITY OF SOUTH BEND
DEPARTMENT OF ENGINEERING
DATE: MARCH 25, 1983
AMES COMPANY IMPROVEMENTS - SANITARY SEWER EASEMENT
I have reviewed the deed of easement from Della Borr which you
forwarded to me and find it acceptable for our purposes.
CVP/clt
CITY OF SOUTH BEND
DEPARTMENT OF ENGINEERING
DATE: MARCH 25, 1983
AMES COMPANY IMPROVEMENTS - SANITARY SEWER EASEMENT
I have reviewed the deed of easement from Della Borr which you
forwarded to me and find it acceptable for our purposes.
CVP/clt
INn°ER-OFFICE MEMO
TO: Carolyn Pfotenhauer
FROM: John E. Leszczynski
SUBJECT: Ames company Improvements -- Sanitary Sewer Easement
DATE: March 21, 1983
Please review the attached Deed of Easement.
Thanks.
` I
Joh E. Leszczynski, Director
JEL/rw
Attachment
transmittal
r - D
engineers / architects / planners MAR 1 6
2211 east jefferson boulevard CITY
south bend, Indiana 46645 DOF SOUTH BEND
EPART
MENT OF ENGINEERING
ac 219 236-4400
[date March 15, 1983
To City of South Bend Project Ames Company ImprQyements
County -City Buildin
South Bend, IN 46601
Sanitary Sewer Easement
A(.(.uunt Nr)
GFNILFMIN Attn: Mr. John Leszczynski
We are sendinc} the following maleriol herewilt),
( : Shop Drawings (�' Prints ) Details ( I Samples
( Tracings (_) Specifications + ) Request for Payment
(X; Easement
10381
under separate cover.
( ) Copy of Letter
( ) Change Order
V_II
3-15
--I I I 1
2
-,.i, „v•.
Originals - Easement Deeds signed by the Owner
These aie forwurdod ( ) For Your (ise ( ) I or Coirc-c Iron (} Reviewed as Noted C) For Approval
l ) For Review and Comment t j For your File!.
Remarks The sanitary sewer easement has been signed and notarized on March 15, 1983
�e c .. -s ll a-s.,, i, i ^�� " i1 wtfice.
- Ely
re eric L. Muse jr. P.R.
GGR/REF / RJN/ J.Wicks Iti( Project Engineer