HomeMy WebLinkAbout#1298- Deed; Easement - to city, use of private drainage ditch - Ethanol Plant ProjectEASEMENT from Martin Blad to City
of South Bend, (Use of Private
Drainage Ditch)
(E HANIOL PLANT PROJECT
W e C vmvmm
Martin Blad, hereinafter called Grantor, in consideration
of the sum of Three Thousand Dollars ($3,000.00) for each Thirty (30)
day period or part thereof throughout the term of this easement
agreement, hereby grants to the City of South Bend, Indiana,
hereinafter called the Grantee, and its agents and contractors, the
right to drain water from the property known as the New Energy
Corporation Ethanol Plant site located in the Rum Village Industrial
Park, into the private drainage ditch located upon the hereinafter
described real estate, provided, however, that such water can be
introduced into the private drainage ditch only at a point west of
the NJI & I Railroad tracks, and the right to enter upon the
hereinafter described real estate in order to clean, maintain, repair
or improve the private drainage ditch, which drainage ditch is
located within the boundaries of a tract or parcel of land situated
in the County of St. Joseph, State of Indiana, described as follows:
Township 37 North, Range 2 East, Southwest 1/4,
Section 16; Township 37 North, Range 2 East,
Southeast 1/4, Section 17; Township 37 North, Range
2 East, Northeast 1/4, Section 20; Township 37
North, Range 2 East, Northeast 1/4, Section 21; and
Township 37 North, Range 2 East, Northwest 1/4,
Section 21.
The Grantee will indemnify and save the Grantor harmless
from and against any and all damages, losses or costs proximately
caused by Grantee's use of the private drainage ditch located within
the described property.
This easement shall be temporary and shall begin on April
23, 1983, and shall expire at such time as the permanent drainage
ditch being designed and built to drain the Rum Village Industrial
Park retention basin has been completed and can be utilized for the
intended purpose.
Grantee must be able to control the amount of water
entering the private drainage ditch and must be able to shut off the
flow of water should flooding problems occur.
Grantor shall have the final say as to the amount of water
ich the drainage ditch can accomodate at a given time provided,
wever, that such determination shall be reasonable and shall not be
July restrictive.
Upon expiration of this easement agreement the Grantee
ill leave the private drainage ditch in essentially the same or
better condition than at the beginning of the easement term.
Payment
of consideration
shall
be
made to Grantor at
the
end of each Thirty
(30) day period
with
the
final payment due
upon
expiration of the easement period.
The undersigned Grantor hereby covenants that it is the
owner in fee simple of said land and is lawfully seized thereof and
has good faith right to grant and convey said easement herein, and
guarantees the quiet possession thereof, that the said land is free
from all encumbrances, and that the Grantor will warrant and defend
the title to said easement against all lawful claims.
This easement shall be binding on the heirs, executors,
administrators, grantees and assigns of the Grantor and upon the
Grantee, its successors and assigns.
IN WITNESS WHEREOF, the Grantor has duly executed this
document on the ; 7Aday of , 1983.
State of Indiana )
)SS:
St. Joseph County )
Before me, a Notary Public, in and for said County and
State personally appeared Martin Blad and acknowledges the execution
of the above and foregoing easement as his voluntary act and deed.
SiNO2/ m• P�2rhEkC�� Notary Public
Resident
My Co nission Expires: BOARD OF PUBLIC WORKS
�}ay 2. 83
7.., ...
........ .. .
This instrument prepared by Carolyn V. Pf 'i;"'� "s't'ant" City
Attorney, for the City of South Bend, Indiana
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