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GRANT OF PERPETUAL EASEMENT
STORM SEWER
THIS INDENTURE made this day of
1996, by and between John and Lai-Lo Gould (hereinafter referred to
as "Grantor"), and the Civil City of South Bend, Indiana
(hereinafter referred to as "Grantee").
WITNESSETH
That for One Dollar ($1.00) and other good and valuable�j
consideration, the receipt of which Grantor hereby acknowledges,I,
Grantor hereby grants, conveys, and warrants to Grantee a perpetual'..:_..
easement of the nature and at the location hereinafter set forth
and described for the installation, construction, operation,
maintenance, adjustment, replacement, repair, alteration, removal,
modernization, and use of a storm 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 Indiana, briefly described as follows:
A parcel of land in the Southeast Quarter of Section 28,
Township 38 North, Range 2 East, St. Joseph County,
Indiana more particularly described as follows:
Beginning at a Point which is the intersection of the
West Right of Way line of Bendix Drive and the North line
of Viridian Drive which is N 00*02106" W, 771.89 Feet
from a Point on the South line of said Section which is
N 90°00100"W (assumed bearing), 40.00 Feet from an iron
in a Monument Box marking the Southeast Corner of said
Section: thence around a 40.00 Foot Radius curve to the
Riga an Arc distance of 72.33 Feet to the end of a chord
which bears S 51046111" W and having a distance of 62.87
Feet, thence around a 210.00 Foot Radius curve to the
Right an Arc distance of 77.97 Feet to the end of a chord
which bears N 65°47120" W and having a distance of 77.52
Feet, thence around a 586.97 Foot Radius curve to the
Left an Arc distance of 357.00 Feet to the end of a chord
which bears N 72034135" west and hacing a distance of
351.52 Feet, thence S 72034135" E 36.00 Feet to the point
of beginning, thence N 68004135" E 288.56 Feet, thence N
69021101" E 21.32 Feet, thence S 68004135" W 308.38 Feet,
thence N 72°34135" W 20 Feet back to the point of
beginning, containing 0.1398 acres, more or less. More
commonly known as 2422 Viridian Drive.
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 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 storm sewer system.
Grantee will restore the area disturbed by its work to as near
the original condition as possible.
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
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 the benefit of the
respective successors and assigns to the parties hereto.
The Grantor hereby covenants with the City of South Bend that
they are lawfully seized and possessed of the parcel of real estate
hereinabove described; that they have a good and lawful right to
convey and that it is free of all encumbrances that would conflict
with the right herein granted.
Grantor hereby releases any and all claims from whatsoever
cause, incidental to the exercise of any rights herein granted.
of
the
IN WITNESS WHEREOF, the said Grantor has
Perpetual Easement for storm sewer system
acknowledgment set forth h
executed this Grant
on the date shown in
STATE OF INDIANA
COUNTY OF ST. JOSEPH y SS:
Before me, the undersigned, a Notary Public in and for said
State, personally appeared John and Lai-Lo Gould
by me to be the Grantor in the above Grant of Perpetual aEasementlly ,l
and acknowledged the execution of the same as his voluntary act and
deed.
WITNESS my hand and Notarial Seal, this
�.
%1/ 4L'0Z , 1996. day of
tlii:u:urrrr..
Written Signature?
MOTA W PUBLIC STATE op A31?Im
ST. JOSEPH CGUNW '.'°2L
Printed Name
This instrument was prepared by Anne E. Bruneel, Assistant
City Attorney, 1400 County -City Building, South Bend, Indiana,
46601.
APP
BOARD , 4811C wrim
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INTEROFFICE MEMORANDUM
CITY OF SOUTH BEND
DEPARTMENT OF PUBLIC WORKS
DIVISION OF ENGINEERING
BOARD OF PUBLIC WORKS
LARRY D. SPRADLIN SR_
DIVISION OF ENGINEERING
DATE: March 18, 1996
RE: Grant of Easement at 2422 Viridian Drive (Storm Sewer)
Dear Board Members:
Please accept this signed and notarized easement for recording.