HomeMy WebLinkAbout#1593- Deed; DISTRIBUTION EASEMENT Beginning at a point on the West line of Erskine Park Golf Course a distance of approximately 665 feet North of the Southwest corner.DISTRIBUTION EASEMENT
Beginning at a point on the
West line of Erskine Park Golf
Course a distance of approximately
665 feet North
of the Southwest corner.
Form No. 8106.1/Rev. 9/89
DISTRIBUTION EASEMENT
Indiv. & Corp. W.O. No.
Overhead & Underground
THIS INDENTURE, made this day of
between CITY OF Sn111H BEND
whose address is 227 W. Jefferson
South Bend Indiana 4
(hereinafter called"Grantor"),andINDiANAMICHIGANPOWERCOMPANY,anIndianaCorporationaue _.
in the State of Michigan, whose address is P.O. Box 60, One Summit Square, Fort Wayne, Indiana, 46801 (hereinafter called
`grantee").
WITNESSETH: That for One Dollar ($1.00) and other good and valuable considerations in hand paid, the receipt of
which is hereby acknowledged, Grantor does hereby grant and convey to Grantee a right-of-way and easement for the
construction, operation, use, maintenance, repair, renewal, and removal of a line or lines of overhead and underground facilities
and equipment for the transmission of electrical energy, and for communication purposes Including the right to permit
attachments of others to said facilities, in, on, along, under, over, across, and through the following described Premises situated in
Portage Township, County of - - St. Joseph , State ofIndiana, and
being a part of Section 25 , Township 37 North , and Range 2 East , to wit.
Being the same (or a part of the same) property conveyed to
by
, 19 , and recorded in
, in the office of the Recorder of
County, Indiana, to which reference is made for further description.
by deed dated
Said easement being located within the boundaries of ERSKINE PARK GOLF
COURSE and the portion of Walter Street that lies South of LOT 1
PARKSIDE TERRACE MANOR SUBDIVISION and North of LOT 6 HUFFMANS FIRST
ADDITION and more particularly described as follows:
Beginning at a point on the West line of
distance of approximately 665 feet North
Thence West 14B feet;
Thence North 30 feet;
Thence East 148 feet;
Thence North 492 feet;
Thence East 205 feet;
Thence South 40 feet;
Thence East 175 feet;
Thence South 452 feet;
Erskine Park Golf Course a
of the Southwest corner;
Thence West 30 feet to the point of beginning.
TOGETHER with the right of ingress and egress to, from, and over said Premises, and also the right to cut or trim any
trees and bushes whictf may endanger the safety or interfere with the construction and use of said facilities.
Grantee shall promptly repair or replace all physical damage on the Premises proximately caused by the
construction, operation and maintenance of Grantee's Facilities.
The Grantor warrants that no structure or building shall be erected upon said easement.
After the completion of said system the Grantor reserves the full use of the land which is not inconsistent with the
existence and maintenance of said facilities but does agree not to change elevation or grade within the area of said easement
without prior written consent of Grantee.
It is agreed that the foregoing is the entire contract between the parties hereto and that this written agreement is
complete in all its terms and provisions and shall be binding on their respective representative, heirs, successors, and assigns.
Form No, 8106-1/Rev. 9/89
DISTRIBUTION EASEMENT
Indiv. & Corp. W.O. No. Eas. No, Map No.
Overhead & Underground
THIS INDENTURE, made this day of 19
between _„ _,,, CTTY OF SOUTH BEND
whose address is 227 W. Jefferson
South Bend, Indiana 46601
( hereinafter called "Grantor"), and INDIANAMICHIGAN POWER COMPANY, an Indiana Corporation authorized to do business
in the State of Michigan, whose address is P.O. Box 60, One Summit Square, Fort Wayne, Indiana, 46801 (hereinafter called
"grantee"),
WITNESSETH: That for One Dollar ($1.00) and other good and valuable considerations in hand paid, the receipt of
which is hereby acknowledged, Grantor does hereby grant and convey to Grantee a right-of-way and easement for the
construction, operation, use, maintenance, repair, renewal, and removal of a line or lines of overhead and underground facilities
and equipment for the transmission of electrical energy, and for communication purposes Including the right to permit
attachments of others to said facilities, in, on, along, under, over, across, and through the following described Premisessituated in
Portage Township, County of St. Joseph , State of Indiana, and
being a part of Section 25 Township 37 North and Range 2 East , to wit:
Being the same (or a part of the same) property conveyed to
by
, 19 , and recorded in
, in the office of the Recorder of
County, Indiana, to which reference is made for further description.
by deed dated
Said easement being located within the boundaries of ERSKINE PARK GOLF
COURSE and the portion of Walter Street that lies South of LOT 1
PARKSIDE TERRACE MANOR SUBDIVISION and North of LOT 6 HUFFMANS FIRST
ADDITION and more particularly described as follows:
Beginning at a point on the West line of Erskine Park Golf Course a
distance of approximately 665 feet North of the Southwest corner;
Thence West 148 feet;
Thence North 30 feet;
Thence East 148 feet;
Thence North 492 feet;
Thence East 205 feet;
Thence South 40 feet;
Thence East 175 feet;
Thence South 452 feet;
Thence West 30 feet to the
point of beginning.
TOGETHER with the right of ingress and egress to, from, and over said Premises, and also the right to cut or trim any
trees and bushes whicki may endanger the safety or interfere with the construction and use of said facilities.
Grantee shall promptly repair or replace all physical damage on the Premises proximately caused by the
construction, operation and maintenance of Grantee's Facilities.
The Grantor warrants that no structure or building shall be erected upon said easement.
After the completion of said system the Grantor reserves the full use of the land which is not inconsistent with the
existence and maintenance of said facilities but does agree not to change elevation or grade within the area of said easement
without prior written consent of Grantee.
It is agreed that the foregoing is the entire contract between the parties hereto and that this written agreement is
complete in all its terms and provisions and shall be binding on their respective representative, heirs, successors, and assigns.
1N WITNESS WHEREOF, Grantor, if individual(s), ha hereunto set hand •
and if corporation, has caused its corporate name and seal to be affixed by its duly authorized officers, the day first above written'
CITY OF SOUTH BEND
Signed, Sealed and Delivered in Presence of
This instrument was prepared by Owen D . Morgan , Agent for Indiana Michigan Power
Company on its behalf.
STATE OF 1NDIAN-A�c�n
County of 'VAN ss:
Before me N OZ LE a Notary Public in and for said
County and State, this -- day of LE .r-, 19 �-L, personally appeared
the above name M e�s nP- 8aPrBS en 6E PUWd& JbItAl 9. t5 ZCZYN541-
� S I-• CA•L,NA? LL. AND rn-4ey d - MUEutV-,
and acknowledged the execution of the within instrument.
IN WITNESS WHEREOF, I have hereunto set my hand an ficial seal this day and year above written.
Notary Public.
My commission expires *'/—.2
I am a resident of ST. � County.
511/:rtfX�)Oi1�I�]P�GI
County of
ss:
Be it remembered that on the day of 19 before the undersigned, a Notary
Public, in and for the County and State aforesaid, personally appeared
President of the
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, and said officer, having been duly sworn, swears that that the statements contained therein relating to Indiana
gross income tax are true.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written.
My Commission Expires
,19
Notary Public
I am a resident of County
1 � �
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construction, operation and maintenance of Grantee's Facilities.
The Grantor warrants that no structure or building shall be erected upon said easement.
After the completion of said system the Grantor reserves the full use of the land which is not inconsistent with the
existence and maintenance of said facilities but does agree not to change elevation or grade within the area of said easement
without prior written consent of Grantee.
It is agreed that the foregoing is the entire contract between the parties hereto and that this written agreement is
complete in all its terms and provisions and shall be binding on their respective representative, heirs, successors, and assigns.
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