HomeMy WebLinkAbout#1443- Deed; GRANT OF PERPETUAL EASEMENT IN Tek, Grantor City, GranteeGRANT OF PERPETUAL EASEMENT
I/N TEK (GRANTOR)
CITY (GRANTEE)
GRANT OF PERPETUAL EASEMENT
THIS INDENTURE made this 2 / day of s�'� ��=�- , 19 6,
by and between I/N Tek of the County of St. Joseph, State of
Indiana, 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 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 (assumed bearing)
1,837.83 feet along the south line of said section; thence
North 0 degrees 00 minutes 00 seconds East 1,154.86 feet;
thence North 90 degrees 00 minutes 00 seconds East 35.00 feet
to the point of beginning of this description; thence North 0
degrees 00 minutes 00 seconds East 30.00 feet; thence North
90 degrees 00 minutes 00 seconds East 35.00 feet; thence
North 00 degrees 00 minutes 00 seconds East 20.00 feet;
thence North 90 degrees 00 minutes 00 seconds East 30.00
feet; thence South 71 degrees 33 minutes 54 seconds East
63.25 feet; thence North 90 degrees 00 minutes 00 seconds
East 603.80 feet to the east line of the west half of said
section; thence South 1 degree 57 minutes 08 seconds East
30.02 feet along said east line; thence North 90 degrees 00
minutes 00 seconds West 729.82 feet to the point of beginning
and containing 0.530 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
extent of the right-of-way any encroaching trees, buildings
or other obstructions to the free and unobstructed use of
- 3 -
such easement; and to build and maintain the necessary
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 and those arising
through or in connection with the Trust Indenture, Mortgage
and Security Agreement dated as of July 21, 1987 ("Trust
Indenture") between Grantor and The Industrial Bank of Japan
Trust Company, as Trustee, filed in St. Joseph County,
Indiana on July 29, 1987 as document 8724076 as such Trust
Indenture may be amended, including, without limitation,
through supplemental indentures. Grantee acknowledges that
the easement conveyed herein is subordinate to the Trust
Indenture.
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 PULIC WORKS Aj
S 25 i989 J n L. Selky Pr sident s.�,,j rD k
_ 4
STATE OF WIALq }
} COUNTY OF L. A KC SS:
}
On this day of Ar k m 6lf c_ , 19 YL before the
undersigned, a Notary Public in the and for said County and
State, personally appeared John L. Selky, President of
Grantor herein, who acknowledged the execution of the above
and foregoing conveyance to be his voluntary act and deed.
5-r
Witness my hand and Notarial Seal this day of
19- .
NOTARY PUBLIC
My Commission Expires:
2 -.S g.3
LAND PLAT
by
COLE ASSOCIATES, NC.
2211 E. JEFFERSON BLVD.
INSTRUMENT NO, 3773123 DATED: 7-ZI-87
SOUTH BEND, IND.
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Q FLELTRIC G4.JF4SErylEA/v
TOTAL ARLA ,
Of 7AKIN& - 0.53OAc_ \ r e�
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30 PEXMANENT EA5EMENT
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HATCHEO AREA IS THE -
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APPROXIMATE TAKING. i `— GO/l/G&- l ,E i-7aili (TMEXI r
OWNER: i I N TEK
ADDRESS OF ABOVE PROPERTY, -Section 3/, Townsh;p 38 Ajar-th, 'ga.jc- / E4si',
OJrrt Town5.6;p, Si-, soy
foal. dots tracod by
!"• too t•s-aa M,4,11.
cph CovV%r i�diony
Rev. 6- 77--88 6KF
Rev. 7-28-M GKF r� •• raa. �'<., _
Abv, 8-25-8e 4Kp o� ; �► 3
4bv. 3-z4 *-
COLS ASS CIATES, IN ''r'
�� `_ 6ISTEREQc WNDLSURVEYORt-1l0--a.9.94`
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LL
GRANT OF PERPETUAL EASEMENT
Ta%cr�¢ der ""•,, �_ 'u.�C�i
?���I
THIS INDENTURE made this �2 / day of
by and between I/N Tek of the County of St. Joseph, State of
Indiana, hereinafter called "Grantor," and the City of South
Fiend, 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 FOR TAXATION
BEVER► Y D. CRONE
AUDITOR
ST. JOSEPH CO. INDIANA
P'PPPPP'
c3w�
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 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 (assumed bearing)
1,837.83 feet along the south line of said section; thence
North 0 degrees 00 minutes 00 seconds East 1,154.86 feet;
thence North 90 degrees 00 minutes 00 seconds East 35.00 feet
to the point of beginning of this description; thence North 0
degrees 00 minutes 00 seconds East 30.00 feet; thence North
90 degrees 00 minutes 00 seconds East 35.00 feet; thence
North 00 degrees 00 minutes 00 seconds East 20.00 feet;
thence North 90 degrees 00 minutes 00 seconds East 30.00
feet; thence South 71 degrees 33 minutes 54 seconds East
63.25 feet; thence North 90 degrees 00 minutes 00 seconds
East 603.80 feet to the east line of the west half of said
section; thence South 1 degree 57 minutes 08 seconds East
30.02 feet along said east line; thence North 90 degrees 00
minutes 00 seconds West 729.82 feet to the point of beginning
and containing 0.530 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
extent of the right-of-way any encroaching trees, buildings
or other obstructions to the free and unobstructed use of
pop
- 3 -
such easement; and to build and maintain the necessary
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 and those arising
through or in connection with the Trust Indenture, Mortgage
and Security Agreement dated as of July 21, 1987 ("Trust
Indenture") between Grantor and The Industrial Bank of Japan
Trust Company, as Trustee, filed in St. Joseph County,
Indiana on July 29, 1987 as document 8724076 as such Trust
Indenture may be amended, including, without limitation,
through supplemental indentures. Grantee acknowledges that
the easement conveyed herein is subordinate to the Trust
Indenture.
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
S 2 ggg /7 Jo n L. Selky Pr sident ��i� r�k
-C/./
- 4 --
STATE OF I 6 11 (� )
COUNTY OF LAKC SS:)
S�
On this day of Scrf �"'1 6j'rc_ 19 `I, before the
undersigned, a Notary Public in the and for said County and
State, personally appeared John L. Selky, President of
Grantor herein, who acknowledged the execution of the above
and foregoing conveyance to be his voluntary act and deed.
Sr
Witness my hand and Notarial Seal this day of
19i�.
My Commission Expires:
2 `S 9-j
r-
LAND PLAT
by
COLE ASSOCIATES, INC.
2211 �. JEFFERSON BLVD.
INSTRUMENT NO. 37231Z3 DATED:
7-Z1-87
487D 97 • 1 f
2' zfo18.67•
SOUTH BEND, IND.
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TOTAL AREA
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6 &/7' 36 31 /837.8� ' 803.el ,
R' 1 l! 6 1 ED/5ONd CWAITY ROAD \/Row
HATCHED AREA M THE �'*� TQ �/7/ifs ! /PC
APPROXIMATE TAKING. j ��
II GOlv�ric r�c r-'1lThiUrSru7'
OWNER: I N TEK
ADDRESS OF ABOVE PROPERTY: Section 31, Tuwnah;p 38 North, Ann -le- / Eost,
17I;�rC- Tow�nsh�p, 5�; �•o�cph [vun
jade date troced by
1 "- tD0'
1-id:4 ny
Rev, 6-/7-9961,rF
Rev- 7-28-8 GKF
Abv. 8-zs-88 GKF
fay.3-Z4-st 44r.
COLE ASSQCIATES, IN
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