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Home My WebLink About#1704- Deed; DEED OF EASEMENT - I&M70If - 0 ?,E- -70 IS v-7&d, Indiana Michigan Power Company One Summit Square P.O. Box 60 Fort Wayne, IN 46801 219 425 2111 INDIANA MICHIGAN POWER City of South Bend Board of Public Works County -City Building Room 1308 South Bend, W 46601 June 14, 1995 Dear Sirs: RE: Easement 11-F, Map 1789 Please find enclosed for your records a photocopy of the recorded Deed of Easement that you signed on March 13, 1995. We sincerely appreciate your cooperation in this matter. If you have any further questions, please feel free to contact us at the address or phone number listed above. Sincerely, S. K. Kees Real Estate Section sk tap- I I F 1789. %vpd ;7a �5�5�22 k DEED OF EASEMENT ila'I L r Easement No. 11-F Map No. 1789 WO No. 79 5 11277-00-9 This Indenture, made this 1`� day of 1995, by and between City of south Bend, Indiana/Board of Public Works, whose address is: County -City Building., Room 1308, South Bend, Indiana 46601, of the County of St. Joseph, State of Indiana (hereinafter called "Grantor", whether one or more) and INDIANA MICHIGAN POWER COMPANY, an Indiana Corporation whose post office address is P.O. Box 60, One Summit Square, Fort Wayne, Indiana 46801 (hereinafter called the "Grantee")- Witnesseth: That for One Dollar ($1.u0) 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 an 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, 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, counter -poises, grounding system, 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 Portage Township, County of St. Joseph, State of Indiana, Section 13 Township 37-N Range 2-E more particularly described as follows: Being the same (or a part of the same) property of the Grantor by deeds dated 03/22/93, 05/04/92, and recorded in Deed Record 794 at page 188 and Document Numbers 9308855, 9308856, and 9217715, in the office of the Recorder of St. Joseph County, State of Indiana, to which reference is hereby made for further description. Key Numbers 18-7018-0751, 18-7018-0762, 18--7018-0765 Said right of -ay and easement being more fully described as being 60 feet in width that is to say 30 feet (measured horizontally) of the centerline of the proposed electric line, as shown on a sketch identified as Exhibit "A", a copy of which is attached hereto and made a part hereofr easementway and , , tiidentifled as Exhibit s ,, .; reps a•Ge teexisbing Exhibit "All and this Be Together with the right to the Grantee: to cut, to control or eliminate by herbicides, and at 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 the 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: 1_ 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 Doyle'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. 2. Grantor shall have the right to cultivate or otherwise use the Premises in any way not inconsistent with easement hereby granted, but no building, structure or obstruction shall be placed by the Grantor under or within 30 feet (measured horizontally) of the above described centerline of the electric power line. 3. 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, heirs successors, assigns, lessees and licensees. In Witness Whereof the said Grantor has hereunto set B!/L hand and seal the day and year first above written. Signed, Sealed and Delivered in Presence of: C"_TTY OF SOUTH BEND G This instrument was prepared by J. F. Quinn, Agent for Indiana Michigan Power Company on its behalf. STATE OF INDIANA ss ounty Before me Notary public in and for said County and State, this ay of 1995, personally ap"thewi ove m d: Ci f So th Bend%, Indiana/Board of Public Works byJ and acknowledged the execution oin instrument. 10 IN WITNESS WHEREOF, I have hereunto set my hand and official seal t lea "".. and year above written. My commission expires r� °a 19 I am a resident of County- ■C EXHIBIT "A" Page 1 of 3 SCRIPT -ION: A 60 FOOT WIDE RIGHT-OF-WAY AND EASEMENT O PTISL. WENGER'S FIRST ADDITION TO THE CITY OF SOUTH BEND OVER A PART OF LOT NUMBER 2 1N ST. dOSEPH COUNTY, INDIANA THE CENTERLINE DESCRIBED AS FOLLOWS: STARTING AT THE NORTHWEST CORNER OF SAID LOT NUMBER 2, THENCE SOUTHERLY, 140.08 FEET ALONG THE WEST LINE OF SAID LOT NUNM R 2, TO THE PLACE OF BEGINNING; THENCE SOUTHEASTERLY, DEFLECTING LEFT 58 DEGREES 04 MI SECONDS, 59.32 FEET, TO A POINT 37.36 FEET, SOUTH OF THE AND THE POINT OF TERMINUS. Sp HEAST CORNER OF SAID LOT NUMBER 2 THE SIDE LINES OF SAID 60 FOOT WIDE EASEMENT ARE TO BE EXTENDED OR SHORTENED AND TERMINATE ON THE WEST LINE AND THE SOUTH LINE OF SAID LOT NUMBER 2. SUBJECT TO: RIGHTS -OF -WAY AND EASEMENTS OF RECORD. THE ABOVE DESCRIPTION WAS PREPARED BY STOODY ASSOCIATES ON MAY 12, 1995, AT THE REQUEST OF INDIANA MICHIGAN POWER COMPANY. SAMRLE STREET 40' R/W LOT 1 DIM. 4 9105708 r PROPOSED rL RAILROAD R/V 49-W LOT 2 s 14' ALLEY P.O.B. •` n \ \ M pia , � \ P.O.T. s CITY OF SOUTH BEND - INDIANA NUCHIGAN POWER CO. JOB NO. 10773 (1) DESCRIPTION A 60 FOOTXWIDE RIGHT--O�WAY IAND EASEMENT OVER A PART OF LOT NUMBER r4 IN MARTIN L. WENGER'S FIRST ADDITION TO THE CITY OF SOUTH BEND IN ST. JOSEPH COUNTY, INDIANA- THE CENTERLINE DESCRIBED AS FOLLOWS: STARTING AT THE NORTHEAST CORNER OF SAID LOT NUMBER 14; THENCE WESTERLY, l 86.17 FEET, ALONG THE NORTH LINE OF SAID LOT NUMBER 14 TO THE PLACE OF BEGINNING; THENCE SOUTHEASTERLY, DEFLECTING LEFT 148 DEGREES 14 MINUTES 30 SECONDS, 66.18 FEET, TO THE WEST LINE OF A TRACT DESCRIBED IN DOCUMENT NUMBER 8205913 AND THE POINT OF TERMINUS. THE SIDE LINES OF SAID 60 FOOT WIDE EASEMENT ARE TO BE EXTENDED OR SHORTENED AND TERMINATE ON THE NORTH LINE OF SAID LOT NUMBER 14 AND THE WEST LINE OF SAID DOCUMENT NUMBER 8205913. SUBJECT TO: RIGHTS -OF -WAY AND EASEMENTS OF RECORD. THE ABOVE DESCRIPTION WAS PREPARED BY STOODY ASSOCIATES ON MAY 12, 1995, AT THE REQUEST OF INDIANA MICHIGAN POWER COMPANY. w J t 0 25 50 I•=50' 1 .0,8. 14' ALLEY 186.17' �- 56.17' qr LOT 14 P.O.T. ` 4ul 11 8205913 PROPOSED rL LOT 15 \ 7 CITY OF SOUTH BEND - INDIANA MICHIGAN POWER CO. JOB NO. 10114 p— EXHIBIT "A" Page 3 of 3 1� 4: A 60 FOOT WIDE RIGHT-OF-WAY AND EASEMENT OVER L OT •S FIRST ADDITION TO THE CITY OF SOUTH BEND ST. JOSEPUMBER 161N COUNTY INDi �` DESCRIBED AS FOLLOWS: STARTING AT THE NORTHEAST Cp ANA � g I6; HENGE SOUTHERLY 87.76 FEET, ALONG THE EAST LINE OF S RJR OF SAID I,pT ��,.cs OF BEGINNING; THENCE NORTHWESTERLY, DEFLECTING RIGHT, 12AD G� SUMBER 16 TO THE g�CONDS, I 65.96 FEET, TO THE NORTH LINE OF SAID LOT 1�lUIVIDER 1 G AND THE P01NT Op -f GENUS THE SIDE LINES OF SAID 6d FOOT WIDE EASENMNT ARE TO BE EXTENDED TERMIlVATE ON THE NORTH AND EAST LINES OF SAID 1`1UMBER 1LOT 6.OR SHORTENED AND SUBJECT TO: RIGHTS -OF -WAY AND EASEMENTS OF RECORD. THE ABOVE DESCRIPTION WAS PREPARED BY STOODY ASSOCIATE OF INDLANA S ON MAY 12, 1995, AT THE REQUEST MICHIGAN POWER COMPANY. ` PROPOSED ft OtilO STREET 5Q.5- R/N - - 14' I,\ , '-, \ ) RAILROAD R/w IN, \ \ LOT 16 .�\ A \ \ • OD W CITY OF SOUTH BEND - INDIANA MICHIGAN POWER CO. JOB NO. 10772