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Home My WebLink About#1864- Deed; GRANT OF PERPETUAL EASEMENT 1459 East IrelandId'u�l "b IQvtiCV�� Deed Number: 1864 Key Number: Lot No : Subdivision : T City of South Bend ;oscph E. Kernan. Mayor 1865 Board of Public Works July 16, 1996 Mr. James M. Parker 1459 East Ireland South Bend, Indiana 46614 RE: GRANT OF PERPETUAL EASEMENT Dear Mr. Parker: The Board of Public Works, at its meeting held July 15, 1996, approved your Grant of Perpetual Easement. Additionally, It has been recorded with the Recorder's Office. Enclosed is a copy for your records. If you have any questions, please call me. Sincerely, Angela . Jacob, C rk Enclosure 1308 County -City Building • South Bend, Indiana 46601. 219/235-9412 • TDD (219) 235-5567 John E_ Leszczynski James R. Caldwell Jenny Pitt. Manier APPRQVED Board of Pu lic W `)G 3664 GRANT OF PERPETUML EASEMENT 1 THIS INDENTURE made this -97day of -64 1996, by and between JABS M. PARKER (hereinafter the CIVIL CITY OF SOUTH BEND, INDT_ANA (hereinafter WITNESSETH: JUL 15 :� r "f�Grantor"), and "Grantee") . That for Two Thousand Five Hundred Dollars ($2,500.00) and other good and valuable consideration, the receipt of which Grantor hereby acknowledges, Grantor hereby grants, conveys and warrants to Grantee a temporary non-exclusive easement until August 1, 1996, at the location described as Parcel I on Exhibit "A" attached hereto and made a cart hereof, and a perpetual non-exclusive easement of the nature and at the location set forth as Parcel II on Exhibit - "A" attached hereto an made a part hereof, for the installation, operation, construction, maintenance, adjustment, replacement, repair, alteration, removal, modernization, and use of a water transmission main and related facilities, together with the right of ingress to and egress from said easement for the purposes of replacing, repairing, altering, removing, and modernizing said water transmission main and other equipment or Facilities incident thereto, in, upon, over and under Parcels I and II, said real estate located in St. Joseph County, State or Indiana, described on Exhibit nAn and shown Qr,Exhibt.. ., h r f The easement granted herein shall pertain to the surface and subsurface rights and interests of the Grantor, for the use and benefit of the Grantee, to the nature and extent the Grantee may desire said 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 t_.mber, brush, debris, or other obstructions interfering with the water transmission main, of access thereto. Grantee shall provide Grantor, for Grantor's installation, twenty --five (25) five foot (5' ) high unplanted pine trees to be selected by the Grantor at a local nursery or nurseries selected by Grantee, as compensation for Grantee's anticipated damage or removal or approximately 60 existing pine trees located on the real estate described on Exhibit "A", provided t')at the trees shall not L_ _, __4__a cn ,Q t-n nhqt-r1irt access to the aasements as d scribed Exh. bifi A'_' Grantee shall provide a single, one -inch (1") corporation stop and box positioned so it is accessible to the residence adjacent to and to the east of Grantor's property. Grantee shall restore the area disturbed by its work to as near the original condition as possible, including the replacement of any trees and vegetation, with the exception of the scrub trees located on the east side of the property. The Grantor reserves the right to use and occupy the surface area on and over the temporary and permanent easements 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 temporary and permanent easements granted herein and their associated benefits and obligations, 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 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 he is lawfully seized and possessed of the parcels of real estate described on Exhibit "A" attached hereto and made a part hereof; that he has a good and '_awful right to convey and that the property is free of all encumbrances that would conflict with the right herein granted. Grantee shall have and hold above mentioned temporary and permanent easements subject to covenants and restrictions of record, if any. Grantor hereby releases any and all claims from whatsoever ca,_,se, incidental to the exercise of any rights herein grated. Grantor agrees to indemnify, defend and hold harmless the Grantor from any claims, suit, cause of action or loss of any kind, including attorney fees, arising from the use of the easements granted herein IN WITNESS WHEREOF, the said Grantor has executed this Grant of temporary and permanent easements for water transmission main qp,,.� the date shown on the acknowledgment set forth herein. rn O d) t Y' 4 GRANTOR: M. Parker STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) GRANTEES: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS 11. , a9 y� J hn E. Leszcznski !President mes 1, Member nny i is Manier, Member ATTE, T : -�a'419 Angela K? Jacob, JClerk Before me, the undersigned, a Notary Public in and for said State, personally appeared James M. Parker, Inc., the Grantor in the above Grant of Perpetual Easement, and acknowledged the execution of the same as their voluntary act and deed. WITNESS my hand and Notarial Seal this 28th day of May , 1996. itYiisS otn Exni res: -0141-4 0 r+ 19 9 6 ^ C:\HPMA AN77A_RHr .WTI - - 'Otlf VVL L Signature Anne M. Hatten Printed A resident of St. Joseph County 3 EXHIBIT "A" PARCEL I: The 25 feet north of the north right of way line of Ireland Road commencing at the intersection of the north limited access right of way line of Ireland Road and the east limited access right of way line of the US 31 Bypass and extending east 385 feet (a rectangular area of approximately 9,625 square feet) and the projection of the aforementioned easement west to the east limited access right of way line of the US 31 Bypass (a triangular area of approximately 3-75 square feet) for a total area of approximately 10,000 square feet. PARCEL II: The 10 feet north of the north right of way line of Ireland Road commencing at the intersection of the north limited access right of way line of Ireland Road and the east limited access right of way line of the US 31 Bypass and extending east 385 feet (a rectangular area of approximately 3,850 square feet) and the projection of the aforementioned easement west to the east limited access right of way line of the US 31 Bypass (a triangular area of approximately 60 square feet) for a total area of approximately 3,910 square feet. 4 lillln L. LCSZccyRSKi v..o, _g W I 1 a f o !o �o � f RESET EXISTING CHAIN LINK FENCE JA m 10.0' PERPETUAiL EASELENT w" WAU FOR OPERATION 14AIN � TENENCE r �� i JACKING PIT AND REPAIR OF WATER MAIN --------------- APPROX.`45'x2O' 635 LF 10" D.I. 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