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Home My WebLink About#1775- Deed; GRANT OF EASEMENT 323 Ireland RoadGRANT 0:7 _EASEMENT This Indenture, made and entered into this Al�:_ day of 1996, by and between Jim and Michelle Imp Ni podzain , hereinafter referred to as "Grantors," and the Board .. of Public Works of the City of South Bend, Indiana, hereinafter i referred to as "Grantees," WTTNESSETH: �r N WHEREAS, Jim and Michelle Niespodzainy are the owners of real estate located in the City of South Bend, County of St. Joseph, Indiana, described as follows: Key Number: 18-7148-526801 Lot 168 except the east 17.41 feet of Myers & Funk Chippewa Heights 3rd Addition to the City of South Bend, Indiana; and, WHEREAS, the City desires to place a monitoring well on this property for purposes of monitoring ground water quality; and, WHEREAS, Grantors agree that the monitoring well can be placed on the aforementioned property in the following location: "f rZ o ey Number: 18-7148-526801 Beginning at a Point which is the southwest x `,corner of lot 168 on Ireland Road thence '4" north along the west property line of said lot _ - a distance of 320 feet to the northwest = _ --scorner, thence east a distance of 10.00 feet, thence south a distance of 320.00 feet, thence west a distance of 10.00 feet back to the point of beginning, containing .1288 acres, more or less. NOW, THEREFORE, for and in consideration of the foregoing, of the agreements and covenants herein contained and other good and valuable consideration given by each party hereto unto the others, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Incornoration of Recitals. The recitals hereto are incorporated into and made a part of this instrument. 2. Grant of Easement. Jim and Michelle Niespodzainy do hereby grant to the City of South Bend, its successors and assigns, a non-exclusive right, privilege and easement beginning at a point which is the southwest corner of lot 168 on Ireland Road, thence north along the west property line of said lot a distance of 320 feet to the northwest corner, thence east a distance of 10.0 feet, thence south a distance of 320 feet, thence west a distance of 10 feet back to the point of beginning, for the purpose of installing, maintaining, improving, repairing, and utilizing a monitoring well, together with the right of ingress to and egress from said easement. Grantee will restore the area disturbed by its work to a condition as good or better than the original condition. Grantors reserve the right to use the surface area of the easements 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 restrict the functioning of or the access to the monitoring well. The easement granted herein and it 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. 3. Duration of Easement. This grant of easement is made so long as the monitoring well is deemed necessary in the sole discretion of the Water Works Engineer. 4. IndemniL cation. Grantee agrees to indemnify, defend and hold harmless Jim and Michelle Niespodzainy, their agents and employees, from any claim, suit, cause of action or loss of any kind, including attorneys fees, arising from the use of the easement granted herein. IN WITNESS WHEREOF, the said Grantors have executed this Grant of Easement on the date set forth herein. GRANTEE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS ohn Leszczynski, resident J C a -1 1 c:! erk Subscribed and sworn to before me, a Notary Public in and for St. Joseph County, State of diana, this &q M--day of 1996. Notary Public Residing in St. Joseph County State o_f Indiana =, My Conli-nission Expires: GRANTORS im Niespodza ny l: Y �l t mAaL'Vw Michelle Niespodz any Subscribed and sworn to before me, a Notary Public in and for St. Joseph County, State of .Sindiana, this �n-.day of 1996. otary Public` Residing in St. Joseph County State of Indiana My Commission Expires: � -10 16 FILE Nr;. rti;Jfii,tfi .Jiikl b IA 24.111 '96 ST. JOSEPH Co. FILED FOR RECORD GRANT OF EASEMENT This Indenture, made and entered into this Cam -day of Tf 1996, by and between Jim and Michelle Nie odzain , hereinafter referred to as "Grantors," and the Board of Public Works of the City of South Bend, Indiana, hereinafter referred to as "Grantees," WITNESSETH: WHEREAS, Jim and Michelle Niespodzainy are the owners of real. estate .located in the City of South Bend, County of St. Joseph, Indiana, described as follows: Key Number: 18-7148-526801 Lot 168 except the east 17.41 feet of Myers & Funk Chippewa Heights 3rd Addition to the City of South Bend, Indiana; and, WHEREAS, the City desires to place a monitoring well on this property for purposes of monitoring ground water quality; and, WHEREAS, Grantors agree that the monitoring well can be placed on the aforementioned property in the following location: Eey Number: 18-7148-526801 Beginning at a Point which is the southwest corner of lot 168 on Ireland Road, thence north along the west property line of said lot a distance of 320 feet to the northwest corner, thence east a distance of 10.00 feet, thence south a distance of 320.00 feet, thence west a distance of 10.00 feet back to the point of beginning, containing .1288 acres, more or less. NOW, THEREFORE, for and in consideration of the foregoing, of the agreements and covenants herein contained and other good and valuable consideration given by each party hereto unto the others, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. n rnoration of Recitals. The recitals hereto are incorporated into and made a part of this instrument. 2. Grant of Easement. Jim and Michelle Niespodzainy do hereby grant to the City of South Bend, its successors and assigns, a non-exclusive right, privilege and easement beginning at a point which is the southwest corner of lot 168 on Ireland Road, thence north along the west property line of said lot a distance of 320 feet to the northwest corner, thence east a distance of 10.0 feet, thence south a distance of 320 feet, thence west a distance of 10 feet back to the point of beginning, for the purpose of installing, maintaining, improving, repairing, and utilizing a monitoring well, together with the right of ingress to and egress from said easement. Grantee will restore the area disturbed by its work to a condition as good or better than the original condition. Grantors reserve the right to use the surface area of the easements 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 restrict the functioning of or the access to the monitoring well. The easement granted herein and it 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. 3. Duration of Easement. This grant of easement is made so long as the monitoring well is deemed necessary in the sole discretion of the Water Works Engineer. 4. indemnification. Grantee agrees to indemnify, defend and hold harmless Jim and Michelle Niespodzainy, their agents and employees, from any claim, suit, cause of action or loss of any kind, including attorneys fees, arising from the use of the easement granted herein. WHEREOF, the said Grantors have executed this Grant IN WITNESS forth herein. of Easement on the date set GRANTEE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS i n Leszczynski, Pre ident im C well ?Je7nnyPts Manier A EST: Angela K. Jacob, Clerk Subscribed and sworn to before me, a Notary Public in and for St. Joseph CountZ,�Jtate of diana, this QtLI day of 1996. J Notary Public Residing in St. Joseph County :Mate of Indiana My Commission Expires: I,-10-qf GRANTORS Ji Niespodz in Michelle Niespodzalnl Subscribed and sworn itoabefore me, a Notary nd for St. Joseph County, State of diana, this '-/1day of {�rrUl 1996. l a9 N ary Public Residing in St. Joseph County State of Indiana My Commission Expires: