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Home My WebLink About#1476- Deed; GRANT OF PERPETUAL EASEMENT Part of Section 18, Township 37 North, Range 3 East, Portage Township, City of South BendGRANT OF PERPETUAL EASEMENT Part of Section 18, Township 37 North, Range 3 East, Portage Township, City of South Bend; Lot 13 (Sanitary Sewer) %ina Wit GRANT OF PERPETUAL EASEMENT � SANITARY SEWER THIS INDENTURE made this 31st day of October 1, by and between Playland Park, Inc., (hereinafter "Grantor"), � the Civil City of South Bend, Indiana (hereinafter "Grantee"). WITNESSETH: That for One Dollar ($1.00) and other good and valuable consideration, the receipt of which Grantor hereby acknowledges, Grantor hereby grants and conveys to Grantee a perpetual easement of the nature and at the location hereinafter set forth and described for the .installation, construction, operation, maintenance, adjustment, replacement, repair, alteration, removal, modernization, and use of a sanitary sewer system and related facilities, together with the right of ingress to and egress from said easement for the purpose of installing, constructing, operating, maintaining, adjusting, replacing, repairing, altering, removing, and modernizing said system and other equipment or facilities incident thereto, in, upon, over and under the following described real estate in the City of South Bend, St. Joseph County, State of Indiana, more particularly described as follows: A part of Section 18, Township 37 North, Range 3 East, Portage Township, City of South Bend, St. Joseph County, Indiana described as follows: Beginning at a point on the northerly line of Lincoln Way East, 31.57 feet South 72°30'54" East (bearing assumed) of the southeast corner of Lot 13 as shown on the recorded plat of Major's Addition to the City of South Bend, Indiana, said point being on a line 30.00 feet North 89119'59" East of and parallel with the east line of said lot 13; thence South 72130'54" East along the northerly line of Lincoln Way East, 370.91 feet to an angle point; thence continuing South 7912414811, East along said northerly line of Lincoln Way East, 150.00 feet; thence North 10°35112" East, 40.00 feet; thence North 79°24'48" West parallel with the northerly line of Lincoln Way East, 147.62 feet to an angle point; thence North 72030154" West parallel with the northerly line of Lincoln Way East, 381.58 feet to a point on said line 30.00 feet North 89019159" East of and parallel with the east line of said lot 13 in Major's Addition; thence South 00040101" East along said line 30.00 feet North 89119159" East of and parallel with the east line of said lot 13 in Major's Addition, 42.09 feet to -the point of beginning. -�: LCD AM LXD �7 The easement granted herein shall pertain to the air, surface, and subsurface rights and interests of 'the Grantor, for the use and benefit of the Grantee, to the nature and extent that the Grantee may desire said air, surface and subsurface rights and interests to reasonably accomplish and carry out the general purpose of this conveyance as the same has hereinabove been expressed. The easement hereby granted is for the benefit of the City of South Bend, Indiana, and expressly includes the right and privilege at reasonable times to clean and remove from said easement such timber, brush, debris, or other obstructions interfering with the sanitary sewer system. Grantee shall have the right of ingress or egress over Grantor's real estate adjoining said easement when necessary to install, construct, operate, maintain, adjust, replace, repair, alter, remove, modernize, or use the sanitary sewer system and its appurtenances_ Grantee will restore the area disturbed by its work to as near the original condition as possible, subject to the terms of an agreement between Grantor and Grantee dated the same date as this conveyance. The Grantor reserves the right to use and occupy the surface area on and over the easement provided that said use and occupancy does not in any way conflict or obstruct the Grantee's right to use said surface for the purposes and intentions hereinabove expressed. The easement granted herein and its associated benefits and obligations, shall constitute covenants running with the real estate, and shall be binding upon the Grantors and be an obligation thereof of every person or entity how or hereafter having any fee, leasehold, or other interest in all or any part of the said real estate. This indenture shall bind and inure to the benefit of the respective successors and assigns of the parties hereto. Grantor hereby releases any and all claims from whatsoever cause, incidental to the exercise of any rights herein granted. IN WITNESS WHEREOF, the said Grantor has executed this Grant of Perpetual Easement for sanitary sewer system on the date shown in the acknowledgment set forth herein. PLAYLAND P,RK , INC,. Byrum Earl J. edden, ar President �.. 9,� .Qaw,- .Z, Jahn J(JRedden, Secretary STATE OF INDIANA ) COUNTY OF ST. JOSEPH ) SS. Before me, the undersigned, a Notary Public in and for said State, personally appeared Earl J. Redden, Jr., and John J. Redden, Personally known by me to be the Grantor in the above Grant of Perpetual Easement, and acknowledged the execution of the same as their voluntary act and deed. WITNESS my hand and Notarial Seal this 3lseday of October 1991. 01 (Written Signature) Residing My Commission Expires: g in St. Joseph County, IN March 14, 1992 Kevin J. Butler Printed Signature This instrument was prepared by Mary Hall Mueller, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. JPM/BPW2/EASE-SW4 9132292 f.EC;)PJ)EP, Noy fill F 5 1 5 L y FILED outh Bend Cernan, Mayor the Agreement _ve to the River �d by the Board tal easements are currently in a of the Engineer, James elative to the ept for hat this very much for -ney Jeffrey M. 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'�aQ9rf E�bhy tth V i D r w .cn•� a•5c ;�r,o8n• _ r � I A 1 1 I Y i r` ' .,,.for :vv/ONl n�OaaM i i •»a s:, arorYrlr i I I City of South Bend Joseph E. Kernan, Mayor Department of Law Richard A. Nussbaum, U, City Attorney November 5, 1991 Mr. Kevin Butler Butler Simeri Konopa & Laderer One Michiana Square 100 West Wayne Street South Bend, IN 46601 Re: River Crossing I Temporary and Perpetual Sewer Easements Dear Kevin: Please find enclosed a fully executed original of the Agreement for Grant of Temporary and Perpetual Easements relative to the River Crossing I sewer project. This agreement was executed by the Board of Public Works on November 4, 1991. The two perpetual easements granted by your clients, pursuant to this agreement, are currently in the process of being recorded. I will send you copies of the recorded documents as soon as I get them back. It is my understanding that the City's Consulting Engineer, Emans, will be in regular contact with your clients relative to scheduling of the excavation for the sewer line. Except for forwarding the recorded easements to you, I believe that this completes our involvement in this project. Thank you very much your kindness and cooperation. Very truly yours, Mary Hall Mueller Assistant City Attorney MHM : j 1 Enclosures cc: James Emans James the for 1400 County -City Building • South Bend, Indiana 46601 • 219/284-9241 Thomas L. Bodnar Sandra A. Boyd Aladean M. DeRose Jeffrey M. Jankowski Andrew L. Kraemer Jenny Pitts Manier Robert C. Rosenfeld