HomeMy WebLinkAbout#1440- Deed; EASEMENT - Faith christian center sewer 56165 mayflower road5� /yVo
EASEMENT
FAITH CHRISTIAN CENTER SEWER
56165 MAYFLOWER ROAD
SWUS4
EASEMENT
In consideration of the sum of One (1) Dollar cash in hand
paid, reciept whereof is hereby acknowledged, the undersigned
hereby grant, bargain, sell, convey, transfer and deliver unto
the Civil City of South Bend", a permanent easement for the
following purposes, namely: The right to enter upon the
hereinafter described land and grade, level, fill, drain, pave,
maintain, repair, and rebuild storm water retention facilities
on, over and across the ground embraced within the easement
hereinafter described at any time that it may see fit, for the
purpose of constructing, maintaining and repairing, installing
and renewing any water, sewer or other utility facilities,
including but not by way of limitation, drainage structures for
both sanitary and storm sewer on the ground embraced within the
easement hereinafter described, which is located within the
boundaries of a tract or parcel of land situated in the County of
St. Joseph, State of Indiana, briefly described as follows:
That part of the Northeast quarter of Section 8, T. 37 N.,
R. 2 E., City of South Bend, St. Joseph County, Indiana, which is
described as: Beginning at the Northwest corner of lot #135 of
"Mayflower 4th Unit Subdivision", as recorded in the records of
said county; thence North, along the East right-of-way line of
Mayflower Road, 25.0 ft.; thence East, parallel to the North line
of said lot 4135, 185.5 ft.; thence South, 25.0 ft. to a point on
the East right-of-way line of Clearview Place, which is 11.65 ft.
North of the Northwest corner of lot #136 of "Mayflower 4th Unit
Subdivision"; thence West, 185.5 ft. to the point of beginning.
To have and to hold the said easement unto the Civil City of
South Bend, Indiana, and unto its successors and assigns forever.
And the said Grantors hereby covenent 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.
` ! ROVED
BgARD OI: PUBLIC WORKS TITLE:
J yN "1 1989
o ?
Presi dent D4 PAK�L
♦ tv;e-K.7.C( y PCB LLCI� Lz)A-d_.
CORPORATE CERTIFICATION
I, Nancy K. CohDaert
the Corporation executing Certify that I am Secretary of
who signed this g g this Easement: that Joseph Colpaert,
agreement on behalf of the Corporation was then
President of said Corporation:
signed for and on behalf of said Corporation bythat said rauthorityeemen aofdits
governing body, and is within the scope of corporate powers:
4_
(CORPORATE SEAL)
STATE OF INDIANA
ST. JOSEPH COUNTY
SS:
y 0 , .—
Secret&'
ti N c Y IS, CO/P,4 �a !
Before me, a Notary Public in and for the aforesaid County and
State personally appeared Joseph Colpaert and Nancv K Colnae f
known to be President and Secretary respectively of Colpaert
Realty, Incorporated, who on behalf of said Corporation
acknowledged the execution of the above and foregoing instrument
to be its voluntary act and deed.
Witness my hand and Notarial Seal this Fain day of
1986. July_,
jOHNNIE SMITH, Notary Publln Notary `P b 1 c
My Commission Expires : Residing in St losoph County
omm..-01, x i g.
. .
Prepared by: John R. Vance, P.E.
Peirce $ Associates, Inc,
8924254
ILE 110
I N u n 1c, x
Lit
DEPARTMENT OF PUBLIC WORKS
INTER - OFFICE MEMO
TO: SANDRA M. PARMERLEE, CLERK
BOARD OF PUBLIC WORKS
FROM: MICHAEL P. MEEKS, P.E.
DIRECTOR, DIVISION OF ENGINEERING
SUBJECT: FAITH CHRISTIAN CENTER SEWER
56165 MAYFLOWER
DATE: JUNE 6, 1989
Attached is a three (3) year Maintenance Bond for the
above referenced sewer. Also attached is a corresponding
sewer easement to be recorded.
Please review.
MPM/s1m
Att
MAINTENANCE BOND
Bond #226482
KNOW ALL MEN BY THESE PRESENTS:
That Haskins, Inc., 2520 Oak Road, Plymouth, IN 46563
as Principal, and
Capitol Indemnity Cgrpgrp,199, and firmly oo„nd unlo -.-_- Ci tY_ of South Bend, County -City Building
South Bend, IN 46601
as Obligee, in the full and just sum
of EIGHT HUNDRED AND 00/I00--------------------- Dollars(S 800.00
lawful money of the United Stales, to the payment of which sum, well and truly to be made, the Principal and Surely bind themselves, their
and each of their heirs, executors, administrators. successors and assigns, joinlly and severally, firmly by these presents.
WHEREAS, The Principal has entered into a written contract dated _.—_Februa.ry -2 ,--1-98S---. with the Obligee for
Pipe Utilities at Faith Christian Center
and
WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of 3YeArs -
alter approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent
during said period.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnity the Obligee for all loss that the
Obligee may sustain by reason of any detective materials or workmanship which become apparent during the aforesaid period, then this
obligation shall be void, otherwise to remain in full force and effect.
Signed, sealed and dated FehrLldr-Y 2 1988
HASKINS, INC.
(Principal) (Seal)
(Wilness) 2�- 2C4
Mark L. Haskins, President (Title)
C_A_PITOL INDEMNITY CORPORATION
�surety)
By
AJ�nCfre s Altorney•In-Fact
A04MINDEMNITY CORPORATION
POWER OF ATTORNEY > 8
KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY CORPORATION, a corporation of the
State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute and appoint
J.DON CREWS, DAVID D. GIBSON, SANDRA K, WALLACE, GREGORY S. DOWNES, BARBARA E. PEARSON,
----------------CONNIE S. MASTERMAN, OR DOROTHY H. NEILSON -------------
its true and lawful Attomey(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act
and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of
suretyship executed under this authority shall exceed in amount the sum of
---- OT TO EXCEED $1 , 000, 000. 00--------------------------------------
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the follow-
ing Resolution adopted by the Boordof Directors of CAPITOL INDEMNITY CORPORATION at a meeting dulycolled and held
on the 5th day of May, 1960:
"RESOLVED, that the President, any Vice -President, the Secretary or Treasurer, acting individually or other-
wise, be and they hereby are granted the power and authorization to appoint by ❑ Power of Attorney for the purposes only of
executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident
vice-presidents, assistant secretaries and attorney(s)-in-fect, each appointee to have the powers and duties usual to such of-
fices to the business of this company; the signature of such officers and seal of the Company maybe affixed to any such power
of attorney or to anycertificate relating thereto by facsimile, and anysuch power of attorneyor certificate bearing such fac-
simile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certi-
fied by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be
revoked, for cause, or without cause, by any of said officers, at any time."
IN WITNESS WHEREOF, The CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by
its officer undersigned and its corporate seal to be affixed duly attested by its Secretary, this I st day of August, 1973,
Attest: °,L,,,.,;
�,,,,,„,=� CAPIT NDEMNI CO RATI N
r G
Secretary'' •"
STATE OF WISCONS6L� President
) SS.
COUNTY OF DANE )
On the Ist day of August, A. D., 1973, before me personally come George A. Fait, to me known who being
by me duly sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is the President
of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he
knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; thui it was so
affixed by order of the Board of Directors of said corporation and that he signed his name theretoby like order.
� 10llil
hll1C
STATE OF WISCONSIN) a'
55, otary Public, Dane Co., Wisconsin
COUNTY OF DANE ) My Commission is permanent
CERTIFICATE
I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY
CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing at-
attoched Power of Attorney remains;in full force and has not been revoked; and furthermore, that the Resolution of the Board
of Directors, set forth in the Power of Attorney is now in force.
Signed and sealed at the City of Madison, ed the 2nd day of February ,19 88
'James P. Bigl/f Vice -President