HomeMy WebLinkAbout#1299- Deed; Easement - to city, easterly row of the new jersey, illinois, and indiana RR and the N Line of the proposed ROW line of calvert - Ethanol Plant ProjectEASEMENT from New Energy Co. to
City or South Rend, Beginning at
the intersection of the easterly
right-of-waNT of the New Jersey,
Illinois 6• Indiana RR and the N.
line of the proposed right -of --way
line of Calvert St. as described
above, thence N. 22018'50" E. 25'
along said Easterly right--of-way
line; thence S. 60016'33" E.
46.64' to said N. right-of-way
line of Calvert St., thence N.
90000'00" W. along said N.
right--of-way line 50.00' to the
Point of Beginning, containing
0.013 acres more or less.
ETHANOL PLANT PROJECT
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EASEIENT
New Energy Company of Indiana, an Indiana limited partnership (the
"Grantor") for and in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration the receipt of which is hereby acknowledged
conveys to the City of South Bend, Indiana (the "Grantee") an easement to and
across the real estate located in St. Joseph County, Indiana which is described
as follows:
Beginning at the intersection of the easterly right of way
line of the New Jersey, Illinois and Indiana Railroad and the
north line of the proposed right of way line of Calvert
Street as described above, thence North 22*18150" East 25
feet along said Easterly right of way line; thence South
60*16'33" East 46.64 feet to said North right of way of
Calvert Street, thence North 90000'00" West along said North
right of way line 50.00 feet to the Point of Beginning,
containing 0.013 acres more or less.
(the "Real Estate") for the purpose of constructing, installing, maintaining and
replacing a storm sewer.
Except as herein provided, Grantor shall continue to have the full use
and enjoyment of the Real Estate. Grantee shall bear full responsibility for
the use and enjoyment of its easement and shall hold Grantor harmless from any
claims or damages to person or property resulting from the use and enjoyment
thereof by Grantee.
Grantee shall have the right to come onto the property of the Grantor
for the purpose of constructing, installing, maintaining and replacing the storm
sewer but shall do so in such a manner as to not cause damage to the property of
the Grantor. If any damage to the property of the Grantor results from the
exercise of its rights by the Grantee hereunder, the Grantee will fully
compensate the Grantor for such damages.
Grantor will warrant and forever defend the right and title to the
Easement herein conveyed unto Grantee against the claims of all persons owning,
holding, or claiming by, through, or under Grantor, which claims are based upon
matters occurring subsequent to Grantor's acquisition of the Real Estate on
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821C, 741.G'�
October 26, 1982 and prior to the date of this Easement.
This Easement is executed on this 26 day of April, 1983.
GRANTOR
New Energy Company of Indiana by New
Energy Corporation of Indiana, its
General Partner
By:
Donald W. Evans, Vice President
STATE OF INDIANA )
)SS:
COUNTY OF ST. JOSEPH )
2
Before me, the undersigned, a notary public residing in said county and
state, personally appeared, Donald W. Evans, known to me to be the Vice
President of New Energy Corporation of Indiana, the general partner of New
Energy Company of Indiana and acknowledged the execution of the foregoing
Easement on behalf of said corporation and said limited partnership and stated
that he is authorized so to do. In witness whereof, I have hereunto subscribed
my name and affixed my official seal, this 26th day of April, 1993.
T
-aMy.gommission expires:
2-10-85
,:
Richard L. Mintz
Notary Public Residing in St. Joseph
County .,
APPROVED
BOARD OF PUBLIC WORKS
MAY 2 1983
.....
This Instrument was prepared by Richard L. Mintz, Roemer and Mintz, 1400 St.
Joseph Bank Building, South Bend, Indiana 46601.
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