HomeMy WebLinkAbout#1639- Deed; EASEMENT Overhead Power Lines# 1639
EASEMENT IN FAVOR OF 1 & M
POWER uUMPANY Warrant an
easement for the purpose of
constructing one overhead
power line. The land subject
to this easement is right-of-
way transferred by the INDOT
to the City of South Bend on
January 6, 1993.
\\\ �7
c;:/.,% %
�OF City of South Bend
,
Joseph F. Kernan. Mayor
1865
Department of Economic
In
oJon R. Hunt >� l _
Executive Director / wJ
MEMORANDUM
TO: Sandra M. Parmerlee
Board of Public Works
FROM: James Riggs
Departmen�v n mic Development
RE: Easement in favor of Indiana Michigan Power Company
DATE: 04/21/1993
The Department of Redevelopment would like the Board of Public Works to convey
and warrant to the Indiana Michigan Power Company an easement for the purposes
of constructing one overhead power line. The land subject to this easement is right-
of-way transferred by the Indiana Department of Transportation to the City of South
Bend on January 6, 1993.
I&M Power is working with the Department of Redevelopment to relocate an
overhead power line currently located in the Blackthorn Golf Course project site. This
easement will cross Nimtz Parkway just east of the US 31 Bypass and will complete
the path for relocated line. The attached easement description has been reviewed by
both the Department of Public Works and the City Attorneys Office. Thank you for
your action on this matter.
attachment
cc: Jon Hunt
1200 County -City Building a South Bend, Indiana 46601 e 219/235-9371 Fax 219/235-9021
Redevelopment Business Assistance
Housing Rehabilitation
CDBG Program &
Planning &
Ann Ko]ata & Development
Kathryn Baumgartner
Financial Management
Neighborhood Development
235-9371 Donald Inks
521 Eclipse Place
Elizabeth Leonard
Pamela Meyer
235-9335
235-9475
235-9335
235-9449
] . 4. Grantee shall promptly repair or replace all fences, gates, drains and ditches damaged or destroyed by it on the Premises
and shall pay Grantor all damages done to crops and livestock on the Premises proximately caused by the construction, operation
and maintenance of Grantee's Facilities. Any trees cut will be paid for by Board Measure, using Scribner's Lumber Rules at the
market price in vicinity. All claims of Grantor for damages arising under this indenture shall be made at or mailed to the office
of Grantee at Fort Wayne, Indiana, within thirty (30) days after such damages shall accrue.
cshall have the right to cultivate or otherwise use the Premises in any way not inconsistent with easement hereby
L 4antor
ari{l , utbuilding, structure or obstruction shall be placed by the Grantor under or within feet
' the easement area.
Form No. 8000 Rev. 9/87 (Corp.) EASEMENT WO No. Easement No. Map. No.
Thls Indenture, made this � day of "qPk/ _19 93, by and between
City of
of 1�� of South Bend 66AaD A0b
!JWd2KS _
whose address is U9_ Cd UNTi(- C 13WLDIN� �- S6 J77-J LEND / IV
a corporation organized and existing under the laws of the State of Indiana
(hereinafter called the "Grantor") and INDIANA MICHIGAN 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 the
"Grantee")
Witnesseth: That for One Dollar ($1.00) and other good and valuable considerations in hand paid, the receipt of which Grantor
hereby acknowledges, Grantor hereby conveys and warrants to Grantee a permanent right of way and easement for nn
electric power line with the right to the Grantee to locate, construct, reconstruct, erect, operate, use, repair, maintain, renew,
remove, inspect, patrol, at any and all times, poles, towers or supported structures, conductors and all necessary or useful facilities
and equipment with respect to such line for transmitting electric or other energy and for communication purposes including
crossarms, wires, cables, guys, anchors, counter -poises, and all other appurtenant equipment and fixtures (all of the foregoing being
hereinafter called collectively "Grantee's Facilities") in, on, along, over, through and across the following described lands (hereinafter
called "Premises") situated in German Township, County of St. Joseph , State e Indiana ,
Section _ 19 & _V) — Township 'I RN Range 9E more particularly described as follows.
Being the same (or a part of the same) property conveyed to —Git3* of South Rend
by
by deed dated , 19 , and recorded in Deed Record
at page in the office of the Recorder of St. Joseph County, Indiana
to which reference is hereby made for further description.
Grantee's Facilities shall be located on a
feet -Ad permanent easement,
. more particularly
described as follows:
Commencing at the northeast corner of said Section Thirty (30) and also being at
the southeast corner of said Section Nineteen (19); thence North 89047'23"
West, along the north line of said Northeast Quarter (NW 1/4) of Section
Thirty (30) and also being along the centerline of a public road now known
as Nimtz Parkway, a distance of 1463.56 feet to the Point of Beginning of
this description; thence South 00051'16" West a distance of 131.56 feet;
thence South 24013'04" West a distance of 91.35 feet to a point on the southerly
right-of-way line of said Nimtz Parkway; thence North 89047'23" West, parallel
with the north line of said Northeast Quarter (NE 1/4) of Section Thirty
(30), a distance of 52.76 feet; thence South 00012'37" West a distance of
118.45 feet; thence North 88043'15" West a distance of 1.61 feet; thence
South 01016'45" West a distance of 88.49 feet; thence North 89047'23" West
a distance of 60.00 feet; thence North 01016'45" East a distance of 97.98
feet; thence North 24013'04" East a distance of 224.93 feet; thence North
00°51'16" East a distance of 223.46 feet to a point on the northerly right
of way line of said Nimtz Parkway; thence South 89047'23" East, parallel
with the south line of said Southeast Quarter (SE 1/4) of Section Nineteen
(19) a distance of 60.00 feet; thence South 00051'16" West a distance of 105.01
fe t to hethPoin t of B gginniing of thy. de)Scr' i�n
n rig �ikantce: o ut, o con ro ore Imina y erbicides, and al its option to remove from the
Premises or the lands of the Grantor adjoining the same on either side, any trees, overhanging branches, vegetation, obstacles or
obstructions which may endanger the safety or interfere with the installation, use, or enjoyment of all or any of Grantee's Facilities,
to add to the number of and relocate at any time or times all of Grantee's Facilities; and to use said right of way and easement
for access to and from any part or parts thereof and any lands and rights of way of Grantee adjoining the same for the enjoyment
of the rights of Grantee therein; and of ingress and egress to, over and from the Premises and any adjoining lands of Grantor at
any and all times for the purposes of exercising and enjoying any and all the rights hereby vested in Grantee.
It is understood and agreed:
I . 4- Grantee shall promptly repair or replace all fences, gates, drains and ditches damaged or destroyed by it on the Premises
and shall pay Grantor all damages done to crops and livestock on the Premises proximately caused by the construction, operation
and maintenance of Grantee's Facilities. Any trees cut will be paid for by Board Measure, using Scribner's Lumber Rules at the
market price in vicinity. All claims of Grantor for damages arising under this indenture shall be made at or mailed to the office
of Grantee at Fort Wayne, Indiana, within thirty (30) days after such damages shall accrue.
Rgemoscs
to be 180"I'i
4, Grantor shall have the right to cultivate or otherwise use the Premises in any way not inconsistent with easement hereby
an[�d, 1nt �q� building, structure or obstruction shall be placed by the Grantor under or within twat
L
the easement area.
3.1., This indenture contains all the terms and conditions of this easement, express or implied, between the parties hereto and
shall be binding upon, and inure to the benefit of, Grantor and Grantee and their respective representatives, successors, assigns,
lessees and licensees.
its duly authorized officers, certifies under oath that no Indiana gross income tax is due or payable at
Q,b, Grantor, through
this time in respect to the transfer made by this indenture.
In Witness Whereof the said Grantor has caused these presents to be executed by its duly authorized officers and its corporate
seal to be affixed thereto the day and year first above written.
Signed, Sealed and Delivered in Presence of tb Rand Grantor
by(;—,"
t
iu
m m• r"Tr
Sawertiry
This instrument was prepared by J. F. Quinn. , Agent for Indiana Michigan
Power Company on its behalf.
STATE OF MICHIGAN
County of
I ss.
On This
in the year of our Lord one thousand nine hundred and
before me, a
n nnPn rPrl
known, who, being by me duly sworn, did
the
day of
say that
in and for said County
to me personally
of
the corporation named in and which executed the within instrument, and that the seal affixed to said instru-
ment is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of
said corporation by authority of its board of directors; and said
free act and deed of said corporation.
STATE OF INDIANA
County of
I ss.
acknowledged said instrument to, be the
Notary Public,
My commission expires
County, Michigan
19
Be it remembered that on the Cam_ day of �-Pel� 19 before the under-
signed, a Notary Public, in and for the County and State aforesaid, personall ap eared - • LE ZC'Z y/U(
nl e, �r rtr� a tJ611 cttc�4e�•
� l IYlES 2 . (1 AI C)W6�L w m �'2Y ! j . lh u EL'LgZ . -_ mpaay, and acknowledged the
execution of the foregoing instrument on behalf of said Company, as the voluntary act and deed of said Com-
pany for the uses and purposes therein set forth, and said officer, having been duly sworn, swears that the
statments 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
I am a resident of 5T.16SIC-Pf-t County AND2A m . p�2m�-YLc
3 .-A, This indenture contains all the terms and conditions of this easement, express or implied, between the parties hereto anu
shall be binding upon, and inure to the benefit of, Grantor and Grantee and their respective representatives, successors, assigns,
lessees and licensees.
rtifies under oath that no Indiana gross income tax is due or payable at
4 A4 Grantor, through its duly authorized officers, cc
this time in respect to the transfer made by this indenture.
In Witness Whereof the said Grantor has caused these presents to be executed by its duly authorized officers and its corporate
seal to be affixed thereto the day and year first above written.
Signed, Sealed and Delivered in Presence of Grantor
b yC;
CLAP, I i � `� Secretary
i�� Con 10RA7E
SCAL
This instrument was prepared by J. F. Quinn , Agent for Indiana Michigan
Power Company on its behalf,
STATE OF MICHIGAN County of I ss.
On This
in the year of our Lord one thousand nine hundred and
before me, a
oA
urn, ... _
known, who, being by me duly sworn, did
-the-
day of
say that
in and for said County
to me personally
of
the corporation named in and which executed the within instrument, and that the seal affixed to said instru-
ment is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of
said corporation by authority of its board of directors; and said
acknowledged said instrument to be the
free act and deed of said corporation.
STATE OF INDIANA
County of
I ss.
Notary Public, County, Michigan
My commission expires 19
%�/ n� �� before the under -
Be it remembered that on the day of �r' 19
signed, a NotaryPublic, in and for the County and State aforesaid, personall ap eared C E ZC Z `president-afthel
g[` 2 �'ALD4��(C LILY�_ . ulruCl2paay and acknowledged thegLrc c�ra2e5
execution of the foregoing instrument on behalf of said Company, as the voluntary act and deed of said Com-
pany for the uses and purposes therein set forth, and said officer, having been duly sworn, swears that the
statments 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
I am a resident of ST�l�� 'County NpPI� m. hFY2me72 �