HomeMy WebLinkAbout#1644- Deed; PERPETUAL EASEMENT Section 5, Township 37A l&yy
GRANT OF PERPETUAL EASEMENT A
parcel of land located being a
part of the southeast quartr
of section 5, township 37
nor:i-, range 3 east and also
being a part of lot 298 as
sh *,, nn the recorded plat of
McKinley TerratIt-Addition.
GRANT OF PERPETUAL EASEMENT
SANITARY SEWER --- CORBY STREET LIFT STATION
This Indenture is made this day of l/, ,
1993, by and between James and Nancy Jane Mitchem, (hereinafter
"Grantors") and the Civil City of South Bend, Indiana
(hereinafter "Grantee").
For and in consideration of the Grantee's agreement to
reconstruct and improve a sanitary sewer and lift station located
on or adjacent to Grantors' real estate, Grantors hereby grant
and convey to Grantee a perpetual easement as the location
hereinafter set forth for the construction, reconstruction,
improvement, operation and maintenance of a sanitary sewer,
together with the right of ingress to and egress from said
easement for the purpose of constructing, reconstructing,
improving, repairing and maintaining said sanitary sewer and
other 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 parcel of land located being a part of the
Southeast Quarter (SE 1/4) of Section Five
(05), Township Thirty -Seven (37) North, Range
Three (03) East and also being a part of Lot
No. 298 as shown on the recorded Plat of
McKinley Terrace Addition as recorded in Plat
Book 18, Pg. Mc in the Office of the Recorder
of St. Joseph County and also as described in
Warranty Deed, Book 676, Page 628 - dated May
31, 1966 as conveyed to James Mitchem and
Nancy Jane Mitchem, husband and wife; all
being in the City of South Bend, Portage
Township, St. Joseph County, Indiana and more
particularly described as follows:
Beginning at the northwest corner of said Lot
No. 298, McKinley Terrace Addition, as
recorded in Plat Book 18, Page Mc; thence
East, along the north line of said Lot No.
298 and also being along the south right-of-
way of a public street now known as Corby
Street, a distance of 33.0 feet; thence
Southwesterly 45.3 feet to a point on the
west line of said Lot No. 298 and also being
31.0 feet south of, measured along said west
line of Lot No. 298, from the northwest
corner of said Lot No. 298; then North, along
said west line of Lot No. 298, a distance of
31.0 feet to the Point of Beginning and
containing 511.5 sq. ft., more or less. Said
easement being for the purpose of installing,
operating and maintaining a sanitary sewer.
Key No. 18-5178-6787
The easement rights granted herein shall pertain to the air,
surface, and subsurface rights and interests of the Grantors, for
the use and benefit of the Grantee, to the nature and extent that
the Grantee may desire or need said air, surface and subsurface
e
rights and interests to reasonably accomplish and carry u
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 and expressly includes the right and
privilege at reasonable times to clean and remove from said
easement timber, brush, debris, structures or other obstructions
interfering with the operation or maintenance of the sanitary
sewer.
Grantee shall have the right of ingress or egress over
Grantors' real estate adjoining said easement when necessary to
install, construct, operate, maintain, adjust, replace,facilitirepair,
alter, remove, or modernize the sanitary
sewers.
Grantee will restore the area disturbed by its work to a
condition as good or better than the original condition
consistent with the installation of the sanitary sewer.
Grantors reserve the right to use the surface area of the
easement provided that such use does not disrupt or disturb the
improvements made by the Grantee. Grantors shall not erect any
structure on the easement area or allow any object to be placed
thereon that would interfere with the operation and maintenance
of the sanitary sewer.
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 now 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.
Grantors hereby release any and all claims from whatsoever
cause, incidental to the exercise of any rights herein granted.
IN WITNESS WHEREOF, the said Grantors have executed this
Grant of Perpetual Easement on the date shown in the
acknowledgment set forth herein.
Nancy J e itchem
APPROVED
BOARO OF POBUC WORKS
STATE OF INDIANA
COUNTY OF ST. JOSEPH
SS:
Before me, the undersigned, a Notary Public in and for said
County and State, personally appeared James and Nancy Jane
Mitchem, personally known by me to be the Grantors in the above
Grant of Perpetual Easement, and acknowledged the execution of
the same as their voluntary act and deed.
CAWITNESS my hand and Notarial Seal
I,A� , 1993.
ritten Signature)
My Commission Expires:
this day of
.(Printed Signature
- JOYCE E DAVIS
NOTARY PUBLIC STATE OF INDIANA
ST- JOSEPH COUNTY
MY COMMISSION EXP JAN, 22,1997
This instrument was prepared by Mary Hall Mueller, Assistant
City Attorney, 1400 County -City Building, South Bend, IN 46601.
PARCEL NO. OWNER: James & Nancy Mitchem
PROJECT NO.
ROAD NO. Corby Street DEED RECORD: 676 PAGE: 628 DATED: 5-31 -66
COUNTY: St. Joseph Lot 298 - Recorded Plat Of McKinley Terrace Addn
SECTION: 5 Plat Book 18, Pg. MC
TOWNSHIP: 37 North
RANGE: 3 East
q CORBY STREET
Exist. Wet Well To Exist. 18"
Be Removed. �San.Sewer
P.
� :a-- �P= —
Easement &
N.W. Car. 33 0' P.O.B. Temp. Easement
Lot 298
73
0
c
0
0
0
0
K
(D /f Z`- 22.6' -
Permonen
Easement
'-- Temporary
Easement
LOT NO. 298
Existing Res.
63.67'
LOT NO. 258
SHEET 1 OF 2
DRAWN BY: J.W.F.
DATE: 6-1 2-93
CHECKED BY: A.HOLT
DATE: 6-1 4-93
SCALE:1 "=30'
w—
10.0'
® 10.01 Area Of Permanent Easement = 511.5 Ft'
Q 1 0.0' Area Of Temporary Easement = 370 Ft.'
® 1 0.0'
® 21 .0'
r'
S 0340 _
STATE eF
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DATE:
LAND PLAT
BY
COLE ASSOCIATES
2211 E. JEFFERSON BLVD. SOUTH BEND. INDIANA