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Home My WebLink About#1654- Deed; GRANT OF EASEMENT LIFT STATION Part of SE quarter Section of Section 54-4 1�,5q 64's'y -s , 9344021 GRANT OF PERPETUAL EASEMENT i izcl 5�'E l .!„o._�l Tuifig SANITARY SEWER -- CORBY STREET LIFT STATION This Indenture is made this 4" day of U , 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 .n 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 BE\'1=i L''i �"' -','ONE r: _0 ST. JG'_"�EXH CO. INDIANA Ppwpp"- 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 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 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, repair, alter, remove, or modernize the sanitary sewer facilities. 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. CO- lllrl�lE; r1r 'NESS WHEREOF, the said Grantors have executed this :rpetual Easement on the date shown in the vent set forth herein. GRANTORS: r /' , Gg:l� , Nancy Ja e itchem APPROVED BOARD OF PUBLIC WORKS A993 DULYti AUK; i vt ST. josE1'H CO. 1NDIANA STATE OF INDIANA } SS: COUNTY OF ST. JOSEPH } 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. WIT ESS my hand 1993. and Notarial Seal this ytt day of `f�o My.ssion Expires ritten Signature) (Printed Signature) OyCE R DAVIS NOTARY PUBLIC STATE OF INDIANA ST JOSEPH COUNTY MY COMNiISSION EXP ]AN. 22,1997 This instrument was prepared by Mary Hall Mueller, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. DULY oL' s"iul�l. 'i'.1.'JI i �✓eY ST. JOSEwA CO. INDIA NIA - , . . - I I -j " ? r% I 'j M =a OWNER: James & Nancy Mitchem F4 N0. �o�E�r No- NO- DEED RECORD: 676 PAGE: 628 DATED: 5-31 —66 Corby Street R�AQ NO St. Joseph Lot 298 — Recorded Plat Of McKinley Terrace Addn COUNTY: Plat Book 18, P MC SECTION: 5 9 TOWNSHIP: 37 North RANGE: 3 East (L CORBY STREET -xist. Wet Well To Exist. 18" 3e Removed. �San_Sewer — — P.O.B. Easement & 4� P.O.B. Temp. Easement N.W. Car. 33.0' Lot 298 / 7 22.6' I� 0 M 3 a� z L 0 tL a� 0 C v � c 2 Q 0 (n 0 -41 L -- Permanent Easement Temporary Easement LOT NO. 298_ I Existing Res. 1 63.67' 0 �r 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' u- U a 0 0 3- L ® 1 0.0' Area Of Permanent Easement = 511 .5 Ft� Area Of Temporary Easement = 3070 Ft- Q 10.01 r 0Nc 21.U' ST. JQSG-'�I CO. INDIANA 1 H 111 ® 23.0' 9340 STATE OF D' '��l1111l 111k 1{kkk\\\ LAND PLAT BY COLE ASSOCIATES 2211 F. JEFFERSON BLVD. SOUTH BEND, INDIANA 9344021 53