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Home My WebLink About#1347- Deed; WATER EASEMENT Part of the SE quarter of Sec. 12, T. 37 N. R. 2 E, Block 6 River Glen Plaza�/,3V7 WATER FA.SEMENT from Lowe's, Inc. to City of South Bend, part of the S.E. Quarter of Sec. 12, T. 37 N., R. 2 E., City of South Bend. (SEE EASEMENT) (BLOCK 6,,RIVER GLEN PLAZA) TO: 4tv' s is SUBJECT: CIT% ATTORNEY IS OFFICE JOHN E. LESZCZYNSKI DATE: BOARD OF WORKS DIRECTOR CAROLYN V. PFOTENHAUER ASSISTANT CITY ATTORNEY SEWER AND WATER EASEMENTS NOVEMBER 7, 1985 Attached are the sewer and water easements for new easements and releases of the old easements on block G, Riverbend Plaza. I am also forwarding to you a copy of the drawings showing the location and legal descriptions of these easements. Attorney Art Perry prepared the easements 6sing forms that I supplied to hire. He is available at your convenience to answer any questions that you might have on this matter so please contact him if you want to discuss it. They are planning to close the deal early next week and Mr. Perry has requested that these easements be put on the agenda for the November 12th Board of Works meeting. He has also supplied for your information a copy of a corporate warranty deed showing the transfer of ownership from St. Joseph Riverbend Development Corporation to RGO Associates. Please contact me if you have questions. CVP:jj:E Attachments cc: -Sandy=�aiivnree Clei•It w/o attachments I3y7 T En WATER EASEMENT'r' In consideration of the sum of One and No/100 ($1 0) Dollar, receipt whereof is hereby acknowledged by the undersigned, the undersigned hereby grants to the CIVIL CITY of SOUTH BEND, a permanent easement, including the perpetual right to install, repair, maintain, alter and operate water mains and water distribution system, together with the right of ingress to and egress from the said easement for the purposes of maintaining said water mains, pipes, vaults and other equipment incident thereto, in, upon, over and under the following described parcels of real estate located in the City of South Bend, St. Joseph, State of Indiana, briefly described as follows: Parcel No. 1 .r !� That part of the Southeast Quarter of Section 12, T. 37 _ N., R. 2 E., City of South Bend, St. Joseph County, Indiana which is also a part of the record Plat of "River Bend Addition" as recorded in the records of said county which is described as: From the intersection of the East line of Columbia Street and the North line of Monroe Street measure, N. 000-30'-18" W., 293.20 ft. and No. 020-22'-43" W., 27.60 ft. and N. 75°-20'-48" E., 53.95 ft. and N. 000-26'-03" W, 0.69 ft. and N. 28°-05'-31" W., 125.77 ft. to the "true Point of Beginning"; thence, East, 38.02 ft.; thence, N. 570-50'-42" E., 38.03 ft.; thence, N. 38°-00'-00" W., 10.00 ft.; thence, S. 570-50'-42" W., 40.00 ft.; thence, West, 40.58 ft.; thence, S. 28°-05'-31" W., 11.34 ft. to the Point of Beginning, containing 0.0182 acres. Parcel No. 2 That part of the Southeast Quarter of Section 12, T. 37 N., R. 2 E., City of South Bend, St. Joseph County, Indiana which is also a part of Block #8 in the recorded Plat of "River Bend Addition" as recorded in the records of said County which is described as: From the Point of Beginning of deeded parcel 6--1D-3, measure N. 380-00'-00" W., 204.91 ft. for the "true Point of Beginning"; thence, N. 38°-00'-00" W. along the Westerly line of parcel 6-1D-3, 10.00 ft.; thence, N. 570-50'-42" E., 33.17 ft.; thence, S. 38°-00'-00" E., 10.00 ft.; thence, S. 570-50'-42" W., 33.17 ft. to the point of beginning, containing 0.0076 acres. The easement granted hereby is for the benefit of the City of South Bend for the maintenance of said water easement. FPFPr The easement hereby granted and all rights, covenants and restrictions and provisions related to said easement constitute covenants running with the land and shall be binding upon the said grantor and be an obligation thereof of every person or entity now or hereafter having any fee, leasehold or other interest in all or any part of the said described real estate. To have and to hold the said water easement unto the CIVIL CITY of South Bend, Indiana, and unto its successors and assigns forever. And the said Grantors hereby covenant with the Civil City of South Bend, Indiana, that they are lawfully seized and possessed of the aforedescribed tract or parcel of land; that they have a good and lawful right to sell and convey; that it is free from all encumbrances; and that they will warrant and forever defend the title in quiet possession thereto against the lawful claims of all persons whomsoever. And as a further consideration for the payment of the purchase price, above stated, the, grantors hereby release all claims for damage, from whatsoever cause, incidental to the exercise of any of the rights herein granted, from the beginning of the world until this date. It is understood and agreed by the parties hereto, that wherever in the foregoing instrument the singular number is used, it will be read as plural, if and when necessary, and that wherever words of neuter gender are employed, they will likewise apply to the masculine gender, whenever the contract requires. ATTEST: Thomas. J. Accauslin Its Vice -President - Corporate Administration OWNER LOWE'S, INC. An Irri ana Corp t3on Paul R. Bowles Its President The easement hereby granted and all rights, covenants and restrictions and provisions related to said easement constitute covenants running with the land and shall be binding upon the said grantor and be an obligation thereof of every person or entity now or hereafter having any fee, leasehold or other interest in all or any part of the said described real estate. To have and to hold the said water easement unto the CIVIL CITY of South Bend, Indiana, and unto its successors and assigns forever. And the said Grantors hereby covenant with the Civil City of South Bend, Indiana, that they are lawfully seized and possessed of the aforedescribed tract or parcel of land; that they have a good and lawful right to sell and convey; that it is free from all encumbrances; and that they will warrant and forever defend the title in quiet possession thereto against the lawful claims of all persons whomsoever. And as a further consideration for the payment of the purchase price, above stated, the, grantors hereby release all claims for damage, from whatsoever cause, incidental to the exercise of any of the rights herein granted, from the beginning of the world until this date. It is understood and agreed by the parties hereto, that wherever in the foregoing instrument the singular number is used, it will be read as plural, if and when necessary, and that wherever words of neuter gender are employed, they will likewise apply to the masculine gender, whenever the contract requires. ATTEST: Thomas. J. Accauslin Its Vice -President - Corporate Administration OWNER LOWE'S, INC. An Irri ana Corp t3on Paul R. Bowles Its President S52 -179 STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, a Notary Public in and for said County and State, personally appeared Paul R. Bowles and Thomas J. McCauslin, known to me to be the President and Vice -President - Corporate Administration, respectively, of Lowe's, Inc., who duly acknowledged the execution of the foregoing SEWER AND WATER EASEMENT as the free and voluntary act and deed of Lowe's, Inc. 7mo Witness my hand and notarial seal this /_day of , A ... »: November, 1985. My Commission Expires: October 6, 1989 Arthur y, Notary Pub s A Resident of St. "J'Oseph Coun -Indiana APPROVED BOARD Of PUBLIC WORKS This instrument Prepared by Arthur J. Perry, Attorney at Law, Suite 420 JMS Buildingo South Bend, Indiana 46601 .v3- r- • ' IrI;�'. f 4S•V •U loy FILm , QA A-L�._�.i;�. E ;-3x