HomeMy WebLinkAbout#1751- Deed; EASEMENT I&M Near Nimtz Parkway8000 Rev. 9r8� 7 9 5/ 12 61 4 5 B 322
Form No.
WO No. Easement No. _---------Map, No.
(Corp.) EASEMENT
This Indenture, made this �� Jr' day of L by and between
19_��
City of South Bend 67A2C) LiF (�U�3[1C_ (�U2CS /
whose address is 13o� Cbt)NP— e � 6WLDo XG S60TH 6�r7 / `V
a corporation organized and existing under the laws of the State of Indiana
(hereinafter caAed 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")
Wltnesseth: 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 nnA
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 svoported 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 Fheieinafter
called "Premises") situated in German Township, County of St. Joseph , State of Indiat4a
Section 19 & In — Township '18N Range 7F more particularlyza scribed asJollows.
Being the same (or a part of the same) property conveyed to Gi ty of South Rend
by Indiana 1'Net of Tr, 7)n 3,
by deed dated January 6 19 93 and recorded in Deed Record 9311716
age in the office of the Recorder of St. Joseph County, Indiataa { X%
!�o which reference is hereby made for further description. I
t� J
�.Grantee's Facilities shall be located on a 4401 FJe permanent casement,
4.
more particularly
described as follows:
`!-Commencing at the northeast corner of said Section Thirty (30) and also being at
,_tht? 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 kna,v-r.
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 01016145" East a distance of 97.98
feet; thence North 24013'04" East a distance of 224.93 feet; thence North
00051'16" 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 o 8t the PoiU of B8Qnin� of th� s� deRcri�tbyc�n p
g ther with the rig t to the ntee: to ut, to control or e tmma erbicides, 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 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:
Foims-of
1 . ,2- 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.
fQS
g4, Grantor shall have the right to cultivate or otherwise use the Premises in any way not inconsistent with casement hereby
ian, but no, building, structure or obstruction shall be placed by the Grantor under or within 401*
I+nd�r,r�n3r�n4r nr�reft ��.-.,�... ctibJe ar wire. the easement area.
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•n
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, successors, assigns,
lessees and licensees.
4 64 Grantor, through its duly authorized officers, certifies under oath that no Indiana gross income tax is due or payable at
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
This instrument was prepared by
Power Company on its behalf.
STATE OF MICHIGAN
County of
I ss.
City of Sntith Bend
Grantor
by
931*1156-130,
�( CORPORATE
F. Ouinn
On This
in the year of our Lord one thousand nine hundred and
before me, a
anneared
known, who, being by me duly sworn, did
dic
day of
t
L.r.)
, Agent for Indiana Michigan
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 adt_and deed of said corporation.
0
�^ �N®
r - Notary Public, County, Michigan
My commission expires 19
STATE OF INDIANA
County of St Joseph } ss.
Z
M
X
M
V
qn �
Be it remembered that on the nr'r
" day of IOL- 19 1J_ before the under-
signed, a Notary Public, in and for the County and State aforesaid, personall ap eared•]U - • L E7ZC'Z�JNSKI
ES 2 . LDwJE_L "- /il L [ (hue C2 a parry, andd acknowwledldd the
e�;� i� cuMxS
and e
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 HEREOF, I have hereunto set my hand and seal the. day and year first above written.
My'`CommisstobAEitpirVs,
I am a resident_ of ' = ` ST -���� County