HomeMy WebLinkAbout#1313- Deed; EASEMENT From the City of South Bend to Northern Indiana Public Service Co. RE, New energy Corp. (South 50' of City property line lying south of the proposed retention pond.EASEME.4T from City of South Bend
to Northern Indiana Public Service
Co, RE: New Energy Corp. (South
50' of City property lying south
of the proposed retention pond).
AdrAk Nor-Uharn Indiana Publin Service CompanU
ralpsco
Cc i�ordre hf�=a ini:.�r ers 5265 Hoffman Avvnue / Hdmmond. lndana46320 /Tel 853-5200 (219)
November 14,1983
J
Mr. John Lyscznski
Director, Department of Public orks
227 West Jefferson Boulevard
South Bend, Indiana 46601
Re: New Energy Corp
8" Gas Feed
City of South Bend Easement
Dear Mr. Lyscznski
During the meeting held on November 3, 1983, a right of way route
was agreed upon by you, Neil Shanahan and Northern Indiana Public
Service Company crossing the south 50' of city property lying
south of the proposed retention pond.
An easement is required granting Northern Indiana Public Service
Company the right to install and maintain its facilities.
Please have the enclosed easement executed and return to me. I
appreciate your cooperation and promptness in the past regarding
the above matter.
Sincerely,
NORTHEMN INDIANA PUBLIC SERVICE COMPANY
Raymond D. Cole
Real Estate Representative
RDC /p s
Enc.
FOR GAS MAINS
L0-1 C
a-61
Easement #35347
Know All Men, That
City of South Bend
herein called the "grantors", in consideration of the sum of one dollar ($1.00) and other valuable considerations in hand
paid to the grantors, hereby grant to Northern Indiana Public Service Company, an Indiana corporation, and to its
successors and assigns, a right-of-way to lay, install, maintain, operate, repair, replace and renew gas mains and a line
or lines of pipe for the transportation and distribution of gas to the public in general, with all necessary and convenient
equipment, facilities, service pipes, lines and connections therefor, and to operate by means thereof a system for such
transportation and distribution of gas, to be used for light, heat, power and other purposes, in, upon, along and over a
strip of land situated in Section ....1.6............ Township .... .3.7.......... North, Range ........... ?—Za$.tt......... .. of the Second Principal
Meridian, in the county of .............. St_.....,TQIaP.Rk1........................ State of Indiana, described as follows:
See Exhibit "A" attached hereto and made a part hereof for legal description.
- Any pipe line,
or lines, shall, at the time of the construction thereof, be buried to such depth as shall not interfere with the cultivation of
said premises. Grantee shall replace in a good and workmanlike manner all tile cut in the construction of its line or lines
hereunder. Any damage to the crops, fences, or improvements of the grantors on said strip of land, or on the lands of the
grantors adjoining said strip of land, done by the grantee in the installation, maintenance, operation, repair, replacement or
renewal of said line or lines of pipe and the equipment and facilities connected therewith, shall be promptly paid for by
the grantee. The grantee may cut or trim trees, bushes and saplings growing upon or extending over said strip of land so
far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement or renewal of said line
or lines of pipe and the equipment and facilities connected therewith. Patrolling said line or lines of pipe on foot shall not
constitute grounds for a claim for crop damage.
The grantors reserve the use of said strip of land not inconsistent herewith, p••:-- - -" '
The rights herein granted may be assigned in whole or in part.
The grantee shall and will indemnify and save the grantors harmless from and against any and all damage, in-
juries, losses, claims, demands or costs proximately caused by the fault, culpability, or negligence of the grantee in the
installation, maintenance, operation, repair, replacement or renewal of said line or lines of pipe, and the equipment and
facilities connected therewith, over and across said strip of land.
The undersigned grantors hereby covenant that they are the owners in fee simple of said strip of land, are
lawfully seized thereof, and have good right to grant and convey said easement herein, and guarantee the quiet possession
thereof, that the said strip of land is free from all encumbrances, and that the grantors will warrant and defend the title to
said easement against all lawful claims.
These presents shall be binding on the heirs, executors, administrators, grantees and assigns of the grantors, and
upon the grantee, its successors and assigns.
IN WITNESS WHEREOF, the grantors have duly executed this instrument this ...........28th............... ... day of
.......NovemUer.....................................I A.D., 19..8.
-.-........I._.I................ .....................................................(SEAL)
....... ........ --.........................................-• .................(SEAL)
BOARD OF PUBLIC WORKS
^^'•' '• �' .'."Q........:. ..................... )
ohn E. Le,,5 ynski
:e............ (mew.)
11---� Ki tiara I.. 11
(SEAL) / ' n
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...h ....................
.. •• .
o
In consideration of one dollar ($1.00), the undersigned hereby adopts and joins in the execution of the above and
foregoing easement and consents to the enjoyment by grantee therein of the rights granted by said easement.
This instrument prepared by: Raymond D. Cole ............................................................................... ._.(SEAL)
Northern Indiana Public Service Company
Easement #35347
EXHIBIT "A"
A strip of land in the Southwest Quarter (SW-4) of said Section 16, said
strip of land being 50 feet wide and lying 25 feet wide each side of
centerline, and said centerline produced, said centerline being described
as follows:
Beginning at the intersection of the East line of the West Half (Wz) of
the Northeast Quarter (NE4) of the Southwest Quarter (SW4) of said
Section 16 with the Westerly right-of-way line of the New Jersey, Indiana
and Illinois Railroad, said point being the Southwost corner of land deeded
to the City of South Bend, Indiana, in Document #8307468; thence North
22°-18'-50" East along the Westerly right-of-way line of said New Jersey,
Indiana and Illinois Railroad a distance of 50.5 feet to the TRUE POINT OF
BEGINNING of this description; thence South 89°-29' West a distance of
1305.5 feet to a point; thence North 33°-34'-30" West a distance of 11.2
feet to a point on the Southeasterly right-of-way line of the Penn -Central
Railroad, said point being 33 feet (measured at right angles) from the
centerline of the single track, said point being 1715 feet Southwestwardly
(measured along the Southeasterly right-of-way line of said Penn -Central
Railroad) from the East line of the West Half (Wz) of the Northeast Quarter
(NE4) of the Southwest Quarter (SW-4) of said Section 16.
thereof, that the said strip of land is free from all encumbrances, and that the grantors will warrant and defend the title to
said easement against all lawful, claims.
These presents shall be binding on the heirs, executors, administrators, grantees and assigns of the grantors, and
upon the grantee, its successors and assigns.
IN WITNESS WHEREOF, the grantors have duly executed this instrument this..............2.......8th ....................... .., day of
BOARD OF PUBLIC WORKS
November A.D., 19...
.(SEAL)...........e.................. ... ... ........................... ........ .IMI
ohn E Le z ynski
....(SEAL) ................................ ................. {tom)
....................................................................................... "" R�. and
(SEAL))
J, s epki... .. ernan
In consideration of one dollar ($1.00), the undersigned hereby adopts and joins in the execution of the above and
foregoing easement and consents to the enjoyment by grantee therein of the rights granted by said easement.
......................................................................(SEAL)
Pr
STATE OF INDIANA
COUNTY OF..St.:....`��....�Ph.................. SS.
Personally appeared before me the undersigned, a Notary Public in and for said county and state
JOHN E. LESZCZYNSKI, RICHARD L. HILL & JOSEPH E. KERNAN
their
who acksrow'edged the execution of the foregoing instrument to be ........................................................ voluntary act and deed.
WTI`NESS my hand and notarial seal this 2.8thday of ....No... mbez_...... --
an a...rLP erlee.�....-ary F i
June 18, 1984
My Commission expires
-------------I..........'..........�.:......................... Nota Public
�., Resident of St . osep�l County,
{ + r
STATE OF INDIANA , J'fJll�
COUNTY OF .......................-........ ...................................� SS.
..
Personally appeared before me the undersigned, a Notary Public in and for said county and state
who acknowledged the execution of the foregoing instrument to be ........................................................ voluntary act and deed.
WITNESS my hand and notarial seal this ............ day of................................................................. 19.........
.............................................................................................. (SEAL)
My Commission expires ------------ ............... ........ _........................... Notary Public
STATE OF INDIANA
COUNTYOF -------............................................................. SS.
BEIT REMEMBERED that on this ------------ day of....................................................................... A.D., 19......... before me, a
Notary Public in and for the county and state aforesaid, personally appeared......................................................................................
--- ---------------- President and .............. ................................................................... ........................ ---- ....... ........ Secretary, respective-
lyof ................... ....................................................... --- ------------------ ........--.................................................................. and each acknowledged
the execution of the above and foregoing instrument in behalf of said corporation as the voluntary act and deed of said
corporation and of said officials for said corporation, for the uses and purposes set forth.
WITNESS my hand notarial seal the day and year first above written.
...................•-•..._.._...............................................................(SEAL)
My Commission expires................................................................ Notary Public
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Easement #35347
e.:-/`,,.E'.T FOR GAS MAINS
8204 C -
Rev.
.ev. 2-61
Know All Men, That
City of South fiend
herein called the "grantors", in consideration of the sum of one dollar ($1.00) and other valuable considerations in hand
paid to the grantors, hereby grant to Northern Indiana Public Service Company., an Indiana corporation, and to its
successors and assigns, a right-of-way to lay, install, maintain, operilic, repair, rcplaco and renew gas inaius and a line
or lines of pipe for the transportation and distribution of gas to the public in general, with all n,•crssary and convenient
equipment, facilities, service pipes, lines and connections therefor, and to operate by means thei of a system for such
transportation and distribution of gas, to be used for light, heat, power and other purposes, in, upon, along and over a
strip of land situated in Section ....1.6............ Township .....3.7.......... North, Range ...........2, 2-1a.51 ........... of the Second Principal
Meridian, in the county of .............. S.it....... T.Qae.pb............. ... ......, State of Indiana, described as follows:
See Exhibit "A" attached hereto and made a part hereof for legal description.
J
Fyn
a11
�—
� ciCD
Cn
41
oadeBsri�ed=airi Any pipe lire,
or lines, shall, at the time of the construction thereof, be buried to such depth as shall not interfere with the cultivation of
said premises. Grantee shall replace in a good and workmanlike manner all tile cut in the construction of its line or lines
hereunder. Any damage to the crops, fences, or improvements of the grantors on said strip of land, or on the lands of the
grantors adjoining said strip of land, done by the grantee in the installation, maintenance, operation, repair, replacement or
renewal of said line or lines of pipe and the equipment and facilities connected therewith, shall be promptly paid for by
the grantee. The grantee may cut or trim trees, bushes and saplings growing upon or extending over said strip of land so
far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement or renewal of said line
or lines of pipe and the equipment and facilities connected therewith. Patrolling said line or lines of pipe on foot shall not
constitute grounds for a claim for crop damage. 'L
The grantors reserve the use of said strip of land not inconsistent herewith,
The rights herein granted may be assigned in whole or in part.
The grantee shall and will indemnify and save the grantors harmless from and against any and all damage, in-
juries, losses, claims, demands or costs proximately caused by the fault, culpability, or negligence of the grantee in the
installation, maintenance, operation, repair, replacement or renewal of said line or lines of pipe, and the equipment and
facilities connected therewith, over and across said strip of land.
The undersigned grantors hereby covenant that they are the owners in fee simple of said strip of land, are
lawfully seized thereof, and have good right to grant and convey said easement herein, and guarantee the quiet possession
thereof, that the said strip of land is free from all encumbrances, and that the grantors will warrant and defend the title to
said easement against all lawful claims.
These presents shall be binding on the heirs, executors, administrators, grantees and assigns of the grantors, and
upon the grantee, its successors and assigns.
IN WITNESS WHEREOF, the grantors have duly executed this instrument this ..................g h ..... day of
........ oyemper.....................................I A.D., 19-A-3 BOARD OF PUBLIC WORKS
(SEAL)(i1Ml%)
o ri E �c—VH�Rl
------...(SEAL) T6st!E....4erfia.
... //K - .- ...----•l�)
..............._................................
liarill
...............................................(SEAL).(ate)
............ .........................
In consideration of one d, r1.00), the undersigned hereby adopts and joins in the execution of the above and
foregoing easement and consents :njoyrncnt by grantee therein of the rights granted by said easement.
............................................................................................ (SEAL)
This instrument prepared by: Raymond D. Cole
Northern "Indiana Public Service Company
M
('1sement #35347
EXHIBIT "A"
A strip of land in the Southwest Quarter (SW-,) of said Section 16, said
strip of land being 50 feet wide and lying 25 feet wide each side of
centerline, and said centerline produced, said centerline being described
as follows:
Beginning at the intersection of the East line of the West Half (WI-2) of
the Northeast Quarter (NE'-4) of the Southwest Quarter (SW4) of said
Section 16 with the Westerly right-of-way line of the New Jersey, Indiana
and Illinois Railroad, said point being the Southmost corner of land deeded
to the City of South Bend, Indiana, in Document #8307468; thence North
22°-18'-50" East along the Westerly right-of-way line of said New Jersey,
Indiana and Illinois Railroad a distance of 50.5 feet to the TRUE POINT OF
BEGINNING of this description; thence South 89°-29' West a distance of
1305.5 feet to a point; thence North 33°-34'-30" West a distance of 11.2
feet to a point on the Southeasterly right-of-way line of the Penn -Central
Railroad, said point being 33 feet (measured at right angles) from the
centerline of the single track, said point being 1715 feet Southwestwardly
(measured along the Southeasterly right-of-way line of said Penn -Central
Railroad) from the East line of the West Half (A) of the Northeast Quarter
(NE4) of the Southwest Quarter (SW,) of said Section 16.
ILI rvliavr.5 WHEREOF, the grantors nave away execuTea Mis instrument MIS =-" ................... uay of
.,_.November .................. 8 BOARD OF PUBLIC WORKS
.................. A.D., 19..... � Q
-- ---(SEAL) �:. v ,............... (L)
o n E. s C. yriski
-(SEAL)
................—................_...........................(SEAL) seph""'T. -.` -..... (i�w)
Jo . ernari
In consideration of one d46 1.00), the undersigned hereby adopts and joins in the execution of the above and
foregoing easement and consents •:n]oymcnt by grantee therein of the rights granted by said easement.
............................................ ................................................( SEAL)
phis instrument prepared by: Raymond D. Cole
7n�i-i inn Pilhi it gnrvirp f:nmrinnv
8323s2 �q
STATE OF INDIANA
" COUNTY OF St. :�;seph
..................................................... SS.
Personally appeared before me the undersigned, a Notary Public in and for said county and si
JOHN E. LESZCZYNSKI, RICHARD L. HILL & JOSEPH E.
their voluntary act and deed.
who aw c,$zwlgdged the execution of the foregoing instrument to be .......................................................
.,
28th No tuber ..................... ls...83
.. S ;my hand and notarial seal this ............ day of ............. ........................... ,
Sandra M. �Parmerlee, Notary Pub is
����,.,ues .. June 18 , 1984
M WP .._..._............................. ?oSatr . Public
y �;�• ,u�,,,� Resident o oseph County
STATE OF IN]dfANA
SS.
COUNTY OF ... . .......... ....._...._...._............. ................... J
Personally appeared before me the undersigned, a Notary Public in and for said county and state
who acknowledged the execution of the foregoing instrument to be ........................................................ voluntary act and deed.
WITNESS my hand and notarial seal this ............ day of
My Commission expires ................................... ... ........................
STATE OF INDIANA
SS.
COUNTY OF .... ......................................................
.......................................................1 19.........
.............................. ........ .... .------------------- .................... .......... (SEAL)
Notary Public
BE IT REMEMBERED that on this ............ day of ......................... ...................... --- ................. A.D., 19........, before me, a
Notary Public in and for the county and state aforesaid, personally appeared ...._ ............................................ .................... _-.------------
--------------------------- President and ...................... .... .
.................................................. ................................................ Secretary, respective-
lyof................................................................................---........ ..................................................................... ................ and each acknowledged
the execution of the above and foregoing instrument in behalf of said corporation as the voluntary act and deed of said
corporation and of said officials for said corporation, for the uses and purposes set forth.
WITNESS my hand notarial seal the day and year first above written.
My Commission expires................................................................
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...................................................................... . (SEAL )
....................
Notary Public
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