HomeMy WebLinkAbout#1779- Deed; GRANT OF EASEMENT Sanitary Sewer4JOL
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9610774
GRANT OF PERPETUAL EASEMENT,
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SANITARY SEWER
THIS INDENTURE made this D day of
1996, by and between Edcoat Limited Partnership (hereinafter'.:.,:
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referred to as "Grantor"), and the Civil City of South Bendjj•
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Indiana (hereinafter referred to as "Grantee")
WITNESSETH�
That for One Dollar ($1.00) and other good and valuable
consideration, the receipt of which Grantor hereby acknowledges,
Grantor hereby grants, conveys, and warrants to Grantee a perpetual
easement of the nature and at the location hereinafter set forth as
described for the installation, construction, operation,
maintenance, adjustment, replacement, repair, alteration, removal,
modernization, and use of a sanitary sewer system and related
facilities, together with the right of ingress to and egress from
said easement for the purpose of installing, constructing,
operating, maintaining, adjusting, replacing, repairing, altering,
removing, and modernizing said system and other equipment or
facilities incident thereto, in, upon, over and under the following
described real estate in the City of South Bend, St. Joseph County,
State of zndiana, briefly described as follows:
Key Number: 12-1021-0253
A part of the Northwest Quarter of the Northeast Quarter
of Section 6, Township 37 North, Range One East in Olive
Township, St. Joseph County, St. Joseph County, Indiana,
more particularly described as follows:
Commencing at the Northwest Corner of the Northwest
Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of
Section 6, thence South 0'41'40" west, 40.00 feet to the
Northwest corner of Lot 1 of Edcoat Minor Subdivision to
the Point of Beginning: thence South 89018113" East,
416.92 feet along the North Line of Lot 1 of Edcoat Minor
Subdivision, thence South 88°39104" East, 863.26 feet
along the North Line of Lot 1 of Edcoat Minor
Subdivision, thence South 00039125" West, 1274.19 feet
along the East Line of Lot 1 of Edcoat Minor Subdivision
to a point on the South Line of Lot 1 of Edcoat Minor
Subdivision, thence North 89°22156" West, 30.00 feet
along the South Line of Lot 1 of Edcoat Minor
Subdivision, thence North 00°39125" East, 1244.59 feet,
thence North 88039104" West, 831.48 feet, thence North
89018'13" West, 418.71 feet to a point on the West Line
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of Lot 1 of Edcoat Minor Subdivision, thence North
00041'40" East, 30.00 feet along the West Line of Lot 1
of Edcoat Minor Subdivision to the Point of Beginning,
and containing 1.7383 acres more or less.
The easement granted herein shall pertain to the air surface,
and subsurface rights and interests of the Grantor, for the use and
benefit of the Grantee, to the nature and extent that the Grantee
may desire said air, surface and subsurface rights and interests to
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, Indiana, and
expressly includes the right and privilege at reasonable times to
clean and remove from said easement such timber, brush, debris, or
other obstructions interfering with the sanitary sewer system.
The Grantee shall restore that area disturbed by its works to
as ear -the original condition as possible.
A"54 R
The Grantor reserves the right to use and occupy the surface
area on and over the easement provided that said use and occupancy
does not in any way conflict or obstruct the Grantee's right to use
said surface for the purposes and intentions hereinabove expressed.
The easement granted herein and its associated benefits and
obligation, shall constitute covenants running with the real
estate, and shall be binding upon the Grantor 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.
The Grantor hereby covenants with the City of South Bend that
is lawfully seized and possessed of the parcel of real estate
1-12='C--:L OVe Cie SC l"lbed; tIlar- it t2 as a good urx<K J— ew�u1 . -Cunc co
convey and that it is free of all encumbrances that would conflict
with the right herein granted; provided that the City of South Bend
acknowledges that the prior owners of the parcel of real estate
have granted to Indiana & Michigan Power Company (now known as and
referred to herein as "AEP") certain easements over that portion of
the parcel which fronts on Edison Road and Snowberry Road for
distribution lines, along with an easement across a portion of the
property near the corner of Snowberry and Edison Roads for power
distribution lines, which easements are currently in force and in
effect and are recorded in the 0 fice of the Recorder,,o�. Sti:. Jos <
�GJ. �117 /`iYS` Qio uK 33� P��r £.cc Iq��
County as Document No. cj S-a � b ES
r'=P— and provided fu ther that Grantor has
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or shall, contemporaneously with the grant of easement contained
herein, grant to the Town of New Carlisle ("New Carlisle") an
easement for installation, construction, operation, replacement
and removal of water mains and a easement to Northern Indiana
Public Service Company ("NIPSCO") for the installation,
construction, operation, repair, and removal of natural gas mains,
each of which will be installed with the easement granted to the
City of South Bend.
The Grantor hereby releases any and all claims from whatsoever
cause, incidental to the exercise of any rights herein granted
other than willful misconduct or gross negligence of the City of
South Bend; provided that the City of South Bend shall indemnify
and hold harmless Grantor against any claims by New Carlisle,
NIPSCO, or AEP arising from the City of South Bend's exercise of
any rights herein granted in the matter detrimental to the
easements granted to those persons or which causes damages to those
persons.
IN WITNESS WHEREOF, the said Grantor has executed this Grant
of Perpetual Easement for sanitary sewer system on the date shown
on the acknowledgment set forth herein.
EDCOAT LIMITED PARTNERSHIP
By: Edcoat General Partner, Inc.
Its General Partner
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Gerald M. Gusta -son, President
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APPROVED
BOARD OF PUBLIC 'WORKS
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
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SS:
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Before me, the undersigned, a Notary Public in and for said
State, personally appeared Gerald M. Gustafison, the President of
Edcoat General Partner, Inc., which is, in turn, the general
partner of Edcoat Limited Partnership, the Grantor in the above
Grant of Perpetual Easement, and acknowledged the execution of the
same as his voluntary act and deed.
WITNESS my hand and Notarial Seal this day of
1� e.0 H . , 1996.
G ERALD J AEGNER
NOTARY PUBLIC -M14NESOTA
My commission axpiras 0131 00
My Commission Expires:
Y�r ry L m.cc L 3 f ca-O C70
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Signature
G�
Printed - A resident of Hennepin
County, Minnesota.
This instrument was prepared by Anne E. Bruneel, Assistant
City Attorney, 1400 County -City Building, South Bend, Indiana,
46601.
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9610774