HomeMy WebLinkAbout#1949- Deed; GRANT OF PERETUAL EASEMENT E half of NW Quar. W half of NW Quar. of Sec. 12I qo
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GRANT OF PERPETUAL EASEMENT
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?. THIS INDENTURE made this rffday of /✓v ✓,:-:-r>i3E,1 i996
by and between the South Bend Redevelopment Authority (hereinafter referred to as
. '. "Grantor"), and Crowe Chizek & Co., LLP of South Bend, Indiana (hereinafter referred to
* f,... 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 and
described for the installation, construction, operation, maintenance, adjustment, replacement,
repair, alteration, removal, modernization, and use of two (2), 4-inch PVC conduits, buried
and encased in concrete and related facilities by and for the use and benefit of Grantee to
carry a 24 channel fiber optic cable and a 50 pair copper line between Grantee's real
property with tax key numbers 18-3090-3479 and 18-3 090-348 1, 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 located part in the East one-half of the Northwest Quarter and
part located in the West one-half of the Northeast Quarter of Section 12,
Township 37 North, Range 2 East, City of South Bend, St. Joseph County,
Indiana more particularly described as follows:
Commencing at the Southeast corner of the Crowe Chizek parcel, Key 418-
3090-3479 being the same as a point 588.09 feet Southeast of the South right-
of-way of East Jefferson Boulevard along the East lot line of Crowe Chizek
and the West lot line of the South Bend Redevelopment Authority; Key 918-
3090-3487.01; thence North 15 feet along the lot line to the point of
beginning; thence East 10 feet; thence 250 feet Southeast running parallel to
the West lot line to a point 15 feet Southeast of the North lot line of Pz(ccel ,
"C"; thence West 10 feet to the West lot line of the Sauth Bend
Redevelopment Authority; thence Northwest 250 feet along the West
lot dine
to the point of beginning, containing approximately .057 acres. =
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A In, easement granted herein shall pertain to the 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.
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 obstnrct 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 nuuring 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
;rssigns to the parties hereto.
The Grantor hereby covenants with Grantee that it is lawfully seized and possessed
of the parcel of real estate lrereinabove described; that it has good and iawfrrl right to convey
and that it is free of all errcl)Inl)r'ariCes 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.
IN WITNESS WHEREOF, the said Grantor has executed this Grant of Perpetual
Easement on the date shown in the acknowledgment set forth herein.
SOUTH BEND REDEVELOPMENT AUTHORITY
iJosepfi Wroblewski, President
ATTEST: i "
v Mary' 0. Ferlic, Fretary
COUNT
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OF% ST.:,. „J-6tt" H;`
SS:
Before me, a Notary Public in and for said County and State,
personally appeared Joseph Wroblewski, President, and Mary 0.
Ferlic, Secretary, of the South Bend Redevelopment Authority and
executed the foregoing Grant of Perpetual Easement as their
voluntary act and deed, this 25-0` day of 1996.
-Notary Public
Residing in St. Joseph County, Ind.
My Commission Expires:
NOTARY PJBLIC STATE OF INDIrlNA
S T J E?I COUNTY
MY CC3Ia INUSSION E? P 5P-PT 20,199?
This instrument was prepared by Jenny Pitts Manier, Chief Assistant
City Attorney, 1400 County -City Building, South Bend, IN 46601
APPROVED
Board of Public Works
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INTER -OFFICE MEMORANDUM
DEPARTMENT OF PUBLIC WOKS
DIVISION OF ENGINEERING
SUBJECT:
DATE:
Board of Public Works
Larry Spradlin Sr.
November 26, 1996
Members of the Board:
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Please accept this easement between the South Bend Redevelopment Authority and Ig
CroweChizek & Co., For recording.
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