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Home My WebLink About#1419- Deed; PARTIAL RELEASE OF EASEMENT From Indiana & Michigan Power Company to The City of South Bend (Sludge Pond Area)PARTIAL RELEASE OF EASEMENT from Indiana Michigan Power Co. to City of South Bend (SLUDGE FARM AREA) c_ -n Partial Rclease of F.asment U, Form No. 8030 (Rev. to 87) Refers to Easement No.. A Map—NO.7-11.. . CtC Ll1 . _ .. , , . The Civil City of South Bend, Indiana ..............................................................................� .... ;........... One Dollar ($1.00) and other good and valuable consideration, in consideration of which INDIAN]At ICH4AAN POWER c� COMPANY, an Indiana corporation authorized to do business in the State of Michigan whose p office address is . ........... FAn-- Box 60, Fort; ,hia.yne,,, AN,40N.................................................. . ........................................'.................................I................ hereby releases, conveys and quitclaims unto the said....... Civil City, of, South Belo St ; Joseph Co. , Indiana .khQ r.,sf,c.cgSSQJ:s..-heifa-and assigns, all the right, title and interest vested in it by virtue of that certain deed of easement granted to ... �PA!Alla .6. ML-Phi.gao . Fl?-Ic t;ri.c . Company... � .................................... ...................................... ......... ............. :. '::y .......................................... } ';`ldated the..2nd, ...day of... SPP. t.cgtie-a' ................. 19. 25... , and recorded in the office of the Register of Deeds for ... St:..JQa i Q P b ............. County, in Volume.. X92... , Page. 45.3.. . , affecting that certain parcel of land situate in the TpwAsh 1R ............ of ... G.PKmat:t ............ County of . S t . , Joseph .......... State of 1-rtdi4u,7...... being part of Section. ,and 29 , , Township3$N .......... and Range ....?E....... , as follows: Beginning at the point where the East line of the West half of the West half of Section ;f7_7j28, Township 38 North, Range 2 East meets the South Jine of Cleveland Road; thence South along the said East line a distance of 3005.72 feet; thence West on a line parallel. with the East-West center line of said Section 28, a distance of 440 feet; thence North on a line parallel with the East line of the West half of the West half of said Section 28, a distance of 390 feet to the East-West- center line of said Section 28; thence West along the East-West center line of said Section 28 a distance of 840 feet, to a point on said line which is 40 feet East of the West line of said Section 28; thence North on a line parallel with the West line of said Section 28 a distance of 40 feel_; thence: West on a line para-iiel with the East-West center line of Sections 28 and 29 of Township 38 North; Range 2 East a distance of 480 feet; thence North on a line parallel with the West•line of said Section 28 (being also the East line of Section 29) a distance of 1§52.82 feet, to a point that is 642.9 feet South of the North line of said Section 29; thence, rasa on a line that is 642.9 feet South of and parallel with the North line of Section 29 and 28 of said Township 38 North, Range 2 East, a distance of 744 feet; thence South on a line parallel with the West line of said Section 28 a distance of 307.1 feet more or less to a fence row; thence East along the fence row on a line parall.AA to Lbe North line of said Section 28 a distance of 983 feet more or less to a point that is 40 feet [last of the Fast line of the West half of the West half of said Section 28; thence North on a line parallel with the East line of L-he West halF of the WesL half of Sccl:ion 28 a distance of 930 feet more or less to the South line of Cleveland Road; thence East along the South line of Cleveland Road to the place of beginning. EXCEPT a 100 foot wide permanent easement being 50 Feet on both sides of the following described centerline: Commencing at the point where the East line of the West half of (continued on back) Nothing herein contained is intended to change, modify, Abridge, waive, diminish, discharge or affect in any way the right, title or interest of said Indiana Michigan Power Company in and to the remainder of the real estate mentioned or described in said Deed of Easement, referred to above; and PROVIDED, FURrHER, that the right to cut, to control or eliminate by herbicides, and at its option to remove from said real estate any trees, overhanging branches, vegetation, obstacles or obstruc- tions which may endanger the safety or interfere with the installation, use, or enjoyment of all or any of said Company's facilities, and the rigid of ingtrss and egress to, over and from such real estate and any adjoining lands of the Grantors therein named at any and all times for the purposes of exercising and enjoying any and all rights vested in said Company thereby, as set forth in said Deed of Easement, shall not br affected in any way by this Partial Release of Eascnwnt and shall remain in full force and effect in the real estate hereinabove described. �n i#1 eso p4jered, INDIANA MICHIGAN POWER COMPANY has caused its corporate name to be hereunto affixed and this instrument to be signed and sealed by its Vice President and its corporate seal -to be attested by its Asst. Secretary this. ....1hCb....... day of. ...cc;tnht r.................. Signed and acknowledged in the presence of: INDIANA MICHIGAN POWER COM4A y 4 LIZ .................. y Vice" Rj;-ident ............ Attest:.... ' ... /)r. ,� 0 Steven K. Ku fer Elio Bafil'� �••:• STATE OF INDIANA ) COUNTY OF ALLEN ) SS: Be it remembered that on the .... 160,.day of ..... pes=vmbe,i:.............. 19...87, before the undersigned, a Notary Public, in and for the County and State aforesaid, personally appeared ...3 , . c, . Keilge , . i;l zn. ylaf it e. Vice President and Asst. Secretary respectively of INDIANA MICHIGAN POWER COMPANY, and acknowledged the execution of the foregoing instrument on behalf of said Company, as the voluntary act and deed of said Company for the uses and purposes therein set forth. �tt itnezz P4erpaf, I have hereunto set my hand and seal the day and,yeai: hist above m4hje. Steven R. 'KurKer ,.._; 4 Q public L•M� My commission expires. . �76.-89.................. I am a resident of ... �� I eng:' «:.:. '=x; t:,'y ti County the West half of Section 28, Township 38 North, Range 2 East meets RW44,0iis:3i.�1' :Line of Cleveland Road; thence South along the said East line a distance of 2280 feet more or less to a point on the centerline of an existing electric transmission line, said point being the Point of Beginning; thence along said transmission line center- line North 68647'07" West a distance of 1.895 feet more or less to a point on the westernmost line of the above described property, said point being the Point of Terminus. The side lines of said easement are extended or shortened to terminate at property lines. This instrument was prepared by R. Fohrer, agent for Indiana Michigan Power Company on its behalf. r� , 1- r C M,4 p p, l'upus - Z41- 19 8 8 4-4 " /u/ $ 4-- /</l c) John E. Leszczynski Director. Public Works CITY of SOUTH BEND JOSEPH E. KERNAN, MAYOR COUNTY -CITY BUILDING SOUTH BEND. INDIANA 46601 March 21, 1988 Indiana & Michigan Power Company P.O. Box 60 One Summit Square Fort Wayne, Indiana 46801 Attention: Mr. Steve Kumfer Dear Mr. Kumfer: (219) 284.9251 Pursuant to your request enclosed please find the original Easement and Partial Release of Easement approved by the Board of Public Works on October 13, 1987 and January 5, 1988, respectively. If I can be of any further assistance, please do not hesitate to contact me. Sinc=rely, Joh-L E. Leszczynski Directcr, Public Works JEL/mp Enclosures Indiana Michigan Power Company One Summit Square P 0. Box 60 Fort Wayne, IN 46801 219 425 2111 IMDIANA lMMICCHIGAM PO John E. Leszczynski r r Director, Public Works Room 1316 County/City Bldg. South Bend, IN 46601 December 17, 1987 RE: Eas. 50-1 Map 322 Dear Mr. Leszczynski: Per your request I have enclosed the partial release of the existing easement concerning the sludge pond area. I am unaware of the property owners official name (no Deed copy available), therefore, that space at the top of the form has been left blank, as well as the "Grantors" information on the new easement. The new easement needs to be signed and notarized at your earliest convenience. Upon completion of the documents please retain the copy for yourself and return the original to me. It is imperative that we conclude our business as soon as possible. If any questions or problems arise don't hesitate to call me. Sincerely, Steven K. Kumfer Right -of -Way Section SKK:sk CC' R. Fohrer • •--.�._T. - �.-.. - II +ice �� ` ,I{.' �`'rl �l __ h/ .�', _ � �. i� ... ' . ��,� .. ' ��%f �/ _ ,.�('�`" "' - ! - rr �' J !_ .i Indiana Michigan - Power Company One Summit Square P.O. Box 60 Fort Wayne, IN 46801 219 425 2111 L L1213CNUC-7` Cd P0111VI John E. Leszczynski Director, Public Works Room 1316 County/City Bldg. South Bend, IN 46601 December 17, 1987 RE: Eas. 50-1 Map 322 Dear Mr. Leszczynski: Per your request I have enclosed the partial release of the • existing easement concerning the sludge pond area. I am unaware of the property owners official name (no Deed copy available), therefore, that space at the top of the form has been left blank, as well as the "Grantors" information on the new easement. The new easement needs to be signed and notarized at your earliest convenience. Upon completion of the documents please retain the copy for yourself and return the original to me. It is imperative that we conclude our business as soon as possible. If any questions or problems arise don't hesitate to call me. Sincerely, 4-7 Steven K. Kumfer Right -of -Way Section SKK:sk cc: R. Fohrer p pppp"" pp