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Home My WebLink About#2005- Deed; NON-EXCLUSIVE EASEMENT NW Quar., Sec. 28, T 38 N, R 2 E&01V - EX c L ZZ 5 �E 141' of ✓ I )k t ve A1o,E 7-// COUNTY -CITY BUILDING SOUTH BEND, 1NDIANA 46601-1830 CrrY OF Sou-ni BEND STEPHEN J. LUEC:KE, MAYOR DEPARTMENT OF PUBLIC WORKS April 21, 1997 Mr. Benedict E. Cobb, Sr. 9525 Thornwood Drive Indianapolis, Indiana 46250 RE: Non -Exclusive Easement Ameritech Dear Mr. Cobb: PHONE2191235-9251 Fax 219/235-9171 TDD 219/235-5567 The Board of Public Works, at its meeting held April 21, 1997, approved and executed the above referred to Non Exclusive Easement. Enclosed is a copy for your files. If you have any questions, please contact me. Sincerely, Angela K'Jacob, Clerk Enclosure c: Carl P. Littrell, Division of Engineering Ameritech Telephone Company Anne Bruneel, Assistant City Attorney ENGINEERING ENVIRONMEWAL SERVICES EQUIPMENT SERVICES CARL Lr MELL, P.E. JOHN J. DILLON, PH.D. MATT CHLEBOWSKI 219/235-9251 219/277-8515 219/235-9316 F.ax 219/235-9171 FAx 219/277-8980 FAx 219/235-9007 TRANSPORTATION SAKI HENSLEY 219/235-9444 FAx 219/235-9272 WATER WORKS JOHN F. STANCATI 219/235-9322 FAx 2191235-9728 �{�G•c.est' ,( vC ��L it (/,{ /.-C�C�-�-t! !/�/V�'"' !i (/ S'r. JOSi Pik r.. 14 N �--�. F1 t F i) r� APR LL 17 sl ;�t curto�R sTEPPICi _. ?l�c. c. �a��ortsxr �ntech ►�,�n�R�� CROSS REFERENCE TO INSTRUMENT NUMBER 9352611 Undertaking No. 4109090 Parcel No. 22801 AMERITECH NON-EXCLUSIVE EASEMENT Easement No. For a valuable consideration of one dollar ($1.00), receipt of which is hereby acknowledged, the undersigned (Grantor) hereby grants and conveys to Indiana Bell Telephone Company a.k.a. Ameritech Indiana, an Indiana Corporation, and its affiliates and licensees, successors and assigns (collectively "Grantees") an easement in, under, over, upon and across the Easement Area (described below), for the purposes of and in order to construct, reconstruct, modify, supplement, maintain, operate and/or remove facilities for the transmission of signals used in the provision of communication, video and/or information services and/or any other services or uses for which such facilities may be used including, but not limited to poles, guys, anchors, and messenger strand, equipment cabinets or enclosures and support posts or pads, cables, wires, pedestals or other above- ground cable or wire enclosures, marker posts and signs, and other related or useful equipment, fixtures, appurtenances and facilities, together with the right to have commercial electrical service extended across the Property (described below) and Easement Area to provide service to such facilities and the right of ingress and egress across the Property and the Easement Area for the purpose of access to and use of the easement granted herein. The Property is legally described as: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF The Easement Area is legally described as: SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF The Grantor represents and warrants to the Grantee that Grantor is the true and lawful owner of the Property and has full right and power to grant and convey the rights conveyed herein. Grantee hereby agrees to restore all property disturbed by its activities in use of the easement to the condition existing prior to the disturbance. Grantee shall have the right to remove or trim such trees and brush in the Easement Area as is necessary to exercise the rights conveyed herein. The Grantor shall not construct improvements in the Easement Area or change the finish grade of the Easement Area without the consent of the Grantee. This Easement is binding upon and shall inure to the benefit of the heirs, successors, assigns, and licensees of the parties hereto. GRANTOR: (Signature) (Printed) STATE OF INDIANA COUNTY OF CITY OF SOUTH BEND, INDIANA. (Printed) APPROVED Board of Public Works i Personally appeared before me, a Notary Public, in and for said County and State, this day of _, 1997, ice• who acknowledged the Address of Grantee: Ameritech Telephone Company Right of Way Department 5870 North College Avenue Indianapolis, Indiana 46220 of the above casement. Cit i L4-vavc � LU Notary R blic Signature,,; G'd�-'5 Notary Public Printed 9 � ram' Resident of �' 0 7 Coun F- My Commission expires 7 This document was prepared by R. Anthony Prather, Attorney EXHIBIT "A" PROPERTY DESCRIPTION INSTRUMENT NUMBER 9352611 A part of the Northeast Quarter.of Sechien ianmmsbip 38 North, Range 2 East, St.. ,Joseph Cou Y, described as follows: CO mencing at the Northeast• corner of said section; thence South 89 degrees 48 minutes 45 seconds West 966.00 feet: thence South 0 degrees 00 minutes 23 seconds West 40.00 feet:to the point of beginning of this description! tnence.Soutb 0 degrees 00 minutes 23 dOSWest secands+00 feet; West 275.t8Sence South 89 degrees 48 feet; thence I4orthvesteriy 294.37 feet along an arc to the right having a radius of 1,869.86 feet aad subtended by a long chord having a bearia; of'North d. degrees 30 minutes 13 seconds west and a length of 1y q.0 i ieetr thence vort.h 3 degrees C i. minutes 23 aec:onda Ea -it 14b. iv feet; thence North 44 degrees 54 minutes 14 seconds Sast 2 4.17 feet; thence .North 89 degrees 48 minutes 05 seconds Fast 28?.00 test to tym mare or point of beginning and containing 3,0..6• acres. lees. rt� EXHIBIT "B" EASEMENT DESCRIPTION LANG, FEENEY and /kSSOCIATES, INC. LAND SURVEYING - CONSTRUCTION ENGINEERING �J 715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46601 TELEPHONE 219/233-1841 • FACSIMILE 219/674-0374 WILLIAM D. LANG, PRES. JOHN B. FEENEY, L.S. TERANCE 0. LANG, L.S. DESCRIPTION: Ameritech Easement Kenmore Drive- North Easement SUB -DIVISIONS BOUNDARY SURVEYS TOPOGRAPHIC SURVEYS CONSTRUCTION SURVEYS A parcel of land being a part of the Northeast Quarter of Section 28, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the Northeast corner of sald Northeast Quarter; thence South 89-48'-05" West along the North line of said Northeast Quarter, a distance of 966.00 feet; thence South 0-00'-23" West, a distance of 40.00 feet to the South right-of-way li'ie of Cleveland Road; thence North 89-48'-05" West along said South right -of --way line, a distance of 289.00 feet; thence Sout1i 44-54'-14" West, a distance of 14.17 feet; thence South 0-00'-23" West along the East right-of-way line of Kenmore Drive, a distance of 146.76 feet; thence along a curve to the left having a radius of 1869.86 feet and a central angle of 8-05'-23" and limited In length by a chord which bears South 4-02'-21"East, Adistance is t nc48of0263.83 feet to the place of beginning; thence distance of 34.40 feet; thence South 0-11'-55" East, a distance of 30.00 feet; thence South 89-48'-05" West, a distance of 30.00 feet to said East right-of-way line of Kenmore Drive; thence along a curve to the right having a radius of 1869.86 feet and a central angle of 0-551-45" and limited In length bDrlvechord distawhich ncebears 30�32hfeet2to5tiieWest along said Kenmore place of beginning. Pam t °fr ':2- EXHIBIT "B" EASEMENT DESCRIPTION —�� CL.EVELAND ROAD NORTH LINE, NORTHEAST QUARTER, SECTION 28. .v� NB748'OS W eS , 289.00' 5* N gw Z W X a a I I A-264.05' I R-1869.86' t O-O8.05'21r I 8=504'02'21* E C-263.83' T-132.25' I l P09- 1 N8748'05'E A=30.32' R-1869.86' D-O(T55'4S B-N08'32'5'f W C-30.32' T-15.16' SB9'4B'05 W t 1 1 m,l. Y 10 can*y to we sw—"d 8W .b--pope ry and Md Ufd! lM pWdtgs dueld urkity wllli! IM IRb Ifnn Nd 11r1 lMrd w n0 dna0�cfrmnld. AKERITECH EASFk1FNP Kenmore Drive- North Easement FOR; AMFRITFI3! )p9 C'eF W T) sa9.48'05w 966.00' � POC NORTHEAST CORNER, NIO NORTHEAST QUARTER. bi4 SECTION 28, TWP. 38 b! NORTH, RANGE 2 EAST. of �I -Z o F R/W LINE ��Ptiy15TERf` % .k S.0523 VATF. OF i Q Long, Feeney &. Associates; Inc. Lend Surveyors & Engineers! 715 South MWftsn 511101 South Rwo' kd om 46MI Ph. 219-MIS41 FAX 2t"744)774 I,, = 30, 4 IE•20-96 1 18354, 47 SIT- INDEXES