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HomeMy WebLinkAbout#1442- Deed; GRANT OF PERPETUAL EASEMENT Inland Steel Co. Grantor City, Grantee-# /yz/,Z, GRANT OF PERPETUAL EASEMENT INLAND STEEL COMPANY (GRANTOR) CIT_ k G�-,.,,.4TEE ) C.E.W. JOB N0.`�-3%: CLYDE E. WILLIAMS & ASSOCIATES, INC. Professional Engineers 1843 COMMERCE DRIVE. SOUTH BEND, INDIANA 46628 PH.12191234-3126 892S NORTH MERIDIAN, INDIANAPOLIS, INDIANA 46260 PH.(3171844-8900 ❑ PLEASE REPLY TO 13D EAST WILSON BRIDGE ROAD, SUITE'. 025. WORTHINGTON. OHIO 4308S PH.(G14)436-3029 ❑ TO yl 1 •'y12c�,•.iC GENTLEMEN: WITH REFERENCE TO WE ARE SENDING YOUR LETTER DATED OTHER: ❑ HEREWITH ❑ OTHER DATE�+ iI J O B —1 'J — ❑ UNDER SEPARATE COVER AS FOLLOWS DESCRIPTION tNO. OF COPIES, DRAWING NO., SUBJECT, ORIGINATOR, ETC.) REMAR S: FOR YOUR INFORMATION ❑ MAKE CORRECTIONS, AS NOTED PLEASE RETURN COPIES ((❑ NO EXCEPTIONS TAKEN ❑ AMEND & RESUBMIT PLEASE RETURN COPIES ❑ REJECTION (SEE REMARKS) OTHER COPIES SENT 70 0- ---2- VERY TRULY YOURS, CLYDE E. WILLIAMS A ASSOCIATES, INC. y,2 GRANT OF PERPETUAL EASEMENT THIS INDENTURE made this 13th day of September, 1989, by and between Inland Steel Company, a Delaware corporation, hereinafter called "Grantor," and the City of South Bend, Indiana, hereinafter called "Grantee." WITNESSETH• That for and in consideration of the mutual covenants herein set forth and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor for itself, its successors and -assigns does hereby grant, bargain, sell, convey and warrant unto the Grantee, its grantees, successors and assigns, forever, a perpetual right-of-way and easement, with the right, privileges and authority in Grantee, its grantees, successors and assigns, to enter upon, dig, lay, erect, construct, install, reconstruct, renew, and to operate, maintain, patrol, replace, repair and continue a sewer line, including, but not limited thereto, main, sub -main, local, lateral, outfall, force and interceptor sewer as a part of the Grantee City's system and works for the collection, carriage, treatment and - 2 - disposal of the waste, sewage, garbage, potable water and refuse of said City, as shall be hereafter located and constructed into, under, upon, over and across the following described real estate and premises owned by the Grantor and situated in the County of St. Joseph, State of Indiana, to -wit: A part of the West Half of the East Half of Section 31, Township 38 North, Range 1 East, Olive Township, St. Joseph County, Indiana, more particularly described as follows: Commencing at the southwest corner of said section; thence North 88 degrees 53 minutes 47 seconds East 2,641.64 feet along said south line to the west line of the west half of the east half of said section; thence North 1 degree 57 minutes 08 seconds West along said west line 1,140.04 feet to the point of beginning of this description; thence north 1 degree 57 minutes 08 seconds West 30.02 feet along said west line; thence North 90 degrees 00 minutes 00 seconds East 298.25 feet; thence North 1 degree 57 minutes 08 seconds West 1,086.95 feet; thence North 46 degrees 26 minutes 55 seconds East 435.91 feet; thence North 82 degrees 24 minutes 55 seconds West 632.80 feet to the west line of the west half of the east half of said section 31; thence North 1 degree 57 minutes 08 seconds West 30.42 feet along said west line to the southern line of the right-of-way of Conrail Railroad; thence South 82 degrees 24 minutes 55 seconds East 1,341.04 feet along said southern line to the east line of the west half of the east half of said section; thence South 1 degree 52 minutes 53 seconds East 30.41 feet along said east line; thence North 82 degrees 24 minutes 55 seconds West 669.67 feet; thence South 46 degrees 26 minutes 55 seconds West 446.60 feet; thence South 1 degree 57 minutes 08 seconds East 1,104.51 feet; thence North 90 degrees 00 minutes 00 seconds West 328.27 feet to the point of beginning and containing 2.198 acres, more or less. The Grantee, its successors and assigns shall have the right to enter along, over and upon said easement to repair, relocate, service and maintain such sewers, at will; and to make such alternations and improvements in the facilities thereof as may be necessary or useful; and to remove from the P� ppppp� - 3 - extent of the right-of-way any encroaching trees, buildings or other obstructions to the free and unobstructed use of such easement; and to build and maintain the necessary facility catch basins and other devices incident to such sewers; and shall have the right of ingress and egress only over adjoining premises and lands when necessary and without doing damage to such adjoining lands, and only for temporary periods, and shall not otherwise enter upon lands adjoining said easement. The Grantor covenants to be the owner in fee simple of the Premises, lawfully seized thereof, with good right to grant and convey the easement herein and covenants that the Premises are free from encumbrances, except encumbrances arising under applicable real estate taxes. IN WITNESS whereof, the Grantor has executed this Indenture by its duly authorized representative on the day and year first above written. APPROVED BOARD OF PUBLIC WORKS C • . Jay---E. Dittus, Vice President - 4 - STATE OF ILLINOIS) ) SS: COUNTY OF COOK } On this 13th day of September, 1989, before the under- signed, a Notary Public in the and for said County and State; personally appeared Jay E. Dittus, Vice President of Grantor herein, who acknowledged the execution of the above and foregoing conveyance to be his voluntary act and deed. Witness my hand and Notarial Seal this 13th day of September, 1989. a NOTARY PUBLIC My Commiyssion Expires: "OFFICIAL SEAL" amp a M. Golori Notary Public, State of Illinois hly Coininission Expires 11125190 FILL _-.. GRANT OF PERPETUAL EASEMENT i. J. FII_E 0 R 0 THIS INDENTURE made this 13th day of September, 1989, by and between Inland Steel Company, a Delaware corporation, hereinafter called "Grantor," and the City of South Bend, Indiana, hereinafter called "Grantee." WITNESSETH• That for and in consideration of the mutual covenants herein set forth and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor for itself, its successors and -assigns does hereby grant, bargain, sell, convey and warrant unto the Grantee, its grantees, successors and assigns, forever, a perpetual right-of-way and easement, with the right, privileges and authority in Grantee, its grantees, successors and assigns, to enter upon, dig, lay, erect, construct, install, reconstruct, renew, and to operate, maintain, patrol, replace, repair and continue a sewer line, including, but not limited thereto, main, sub -main, local, lateral, outfall, force and interceptor sewer as a part of the Grantee City's system and works for the collection, carriage, treatment and DULY ENTERED FOP, TAXATION BEVERL Y D. CRONE AUDITOR ST. JOSERH Co. INDIANA - 2 - disposal of the waste, sewage, garbage, potable water and refuse of said City, as shall be hereafter located and constructed into, under, upon, over and across the following described real estate and premises owned by the Grantor and situated in the County of St. Joseph, State of Indiana, to -wit: A part of the West Half of the East Half of Section 31, Township 38 North, Range 1 East, olive Township, St. Joseph County, Indiana, more particularly described as follows: Commencing at the southwest corner of said section; thence North 88 degrees 53 minutes 47 seconds East 2,641.64 feet along said south line to the west line of the west half of the east half of said section; thence North 1 degree 57 minutes 08 seconds West along said west line 1,140.04 feet to the point of beginning of this description; thence north 1 degree 57 minutes 08 seconds West 30.02 feet along said west line; thence North 90 degrees 00 minutes 00 seconds East 298.25 feet; thence North 1 degree 57 minutes 08 seconds West 1,086.95 feet; thence North 46 degrees 26 minutes 55 seconds East 435.91 feet; thence North 82 degrees 24 minutes 55 seconds West 632.80 feet to the west line he west half of � the east half of said se tion 31; thence Nor degree 57 minutes 08 seconds W s 0.42 feet along west line to the southern line of the right-of-way of Conrail Railroad; thence South 82 degrees 24 minutes 55 seconds East 1,341.04 feet along said southern line to the east line of the west half of the east half of said section; thence South 1 degree 52 minutes 53 seconds East 30.41 feet along said east line; thence North 82 degrees 24 minutes 55 seconds West 669.67 feet; thence South 46 degrees 26 minutes 55 seconds West 446.60 feet; thence South 1 degree 57 minutes 08 seconds East 1,104.51 feet; thence North 90 degrees 00 minutes 00 seconds West 328.27 feet to the point of beginning and containing 2.198 acres, more or less. The Grantee, its successors and assigns shall have the right to enter along, over and upon said easement to repair, relocate, service and maintain such sewers, at will; and to make such alternations and improvements in the facilities thereof as may be necessary or useful; and to remove from the - 3 - extent of the right-of-way any encroaching trees, buildings or other obstructions to the free and unobstructed use of such easement; and to build and maintain the necessary facility catch basins and other devices incident to such sewers; and shall have the right of ingress and egress only over adjoining premises and lands when necessary and without doing damage to such adjoining lands, and only for temporary periods, and shall not otherwise enter upon lands adjoining said easement. The Grantor covenants to be the owner in fee simple of the Premises, lawfully seized thereof, with good right to grant and convey the easement herein and covenants that the Premises are free from encumbrances, except encumbrances arising under applicable real estate taxes. IN WITNESS whereof, the Grantor has executed this Indenture by its duly authorized representative on the day and year first above written. Jay--E. Dittus, Vice President - 4 - STATE OF ILLINOIS) ) SS: COUNTY OF COOK ) On this 13th day of September, 1989, before the under- signed, a Notary Public in the and for said County and State; personally appeared Jay E. Dittus, Vice President of Grantor herein, who acknowledged the execution of the above and foregoing conveyance to be his voluntary act and deed. Witness my hand and Notarial seal this 13th day of September, 1989. My Commission.Expires: .. 1 6 A A A A A 'OFFICIAL SEAL" Pamela a an Notary Public, State of Illinois My Commission Expires 11125190 NOTARY PUBLIC APPROVED BOARD Of PUBLIC WORKS