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Home My WebLink About#2020- Deed; GRANT OF PERPETUAL EASEMENT 53061 Nadine, South Bend, IN 466372020 GRANT OF PERPETUAL EASEMENT WATER BOOSTER STATION KEY NO. 02-1020-0442.08 18422 CLEVELAND ROAD DEANN KIRKPATRICK FRIEND'S SCHOOL & DAY CARE 53061 NADINE SOUTH BEND, IN 46637 ►A !-CITY BUILDING INWANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. L,UECKE, MAYOR DEPARTMENT OF PUBLIC WORKS October 14, 1997 Ms. Deann Kirkpatrick Friend's School & Day Care 53061 Nadine South Bend, Indiana 46637 PHONE219/235-9251 FAx 219/235-9171 TDD 2191235-5567 RE: GRANT OF PERPETUAL EASEMENT - WATER BOOSTER STATION Kev No. 02-1020-0442.08 Dear Ms. Kirkpatrick: The Board of Public Works has recorded your Grant of Perpetual Easement - Water Booster Station with the Recorder's Office. Enclosed is a copy for your records. If you have any questions, please call me. Sincerely, Angela K.Jacob, Clerk` - Enclosure ENwNEERING ENVIRONMENTAL SERVICES EQ1J"ENT SERVICES TR.-,NsPORTATi0N WATER WORKS CARL LrrrRELL, P.F. iOHN T. DILLON, PH.D. MATT CHLEROWSKI SAM HENSLEY JOHN F. STANCAM 219/235-9251 219/277-8515 2191235-9316 219/235-9444 2191235-9322 FAx 219/235-9171 FAx 219/277-8980 FAx 219/235-9007 FAx 219/235-9272 FAx 219123S-9728 Written Signature 1-�.�;., i� �� . `,r -g ,y -•.r,_•.-? d =mac CIItF" L GRIPADO, Notary Public'. A Residan' •••' St. Joseph County, IN W Crommi"ion Expkas 9-3-POW Printed Name This instrument was prepared by Anne E. Bruneel, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601 ✓ PVFP 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 tarty 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 brush, debris, or other obstructions interfering with the booster station 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 nor or hereafter having any fee, leasehold, or other interest in all or any part of said real estate. This indenture shall bind and insure 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 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. IN WITNESS WHEREOF, the said Grantor has executed the Grant of Perpetual Easement for the water booster station on the date shown in the acknowledgment set forth herein. Y STATE OF INDIANA )S COUNTY OF ST. JOSEPH) B are me, the undersi/ned, Not y Public in and for said State, personally appeared )Pan 1 rf C_ , personally known by me to be the Grantor in the above Grant of Perp tual Easement, and acknowledged the execution of the same as his voluntary act and deed. Witness my hand and notarial seal, this day 1997. w- n rrr•rr��, � r Written Signature V QARU L GRIPADo, Notary Public• • 1 �4 40 A Resldan+ Wit. Joseph County, IN _ My Commission EY uoc U.32nnn Printed Name This instrument was prepared by Anne E. Bruneel, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601 ___rkA a(� s.s 97 q- (), 1 S7 JOSEPH COsTENIP cou l Y r;LcC 199 JUL 2 3 P 2= 0 b ST JOSEF iSTATE OF ANIA :� i Y FILED FOR RECORD INDEXED 2�JL . GRANT OF PERPETUAL EASEMENT WATER BOOSTER STATION THIS INDENTURE MADE THIS DAY OF , 1997, BY AND BETWEEN FRIENDS SCHOOL AND DAY CARE, INC (HE INAFTER REFERRED TO AS "GRANTOR"), AND THE CIVIL CITY OF SOUTH BEND, INDIANA (HEREINAFTER REFERRED TO AS "GRANTEE"). WITNES SETH That for the sum of 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, adjustments, replacement, repair, alteration, removal, modernization and use of a water booster station 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 County of St. Joseph, State of Indiana, briefly described as follows: A PARCEL OF LAND IN THE W. ''/z, N.E. %, SECTION 30, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING 299.08 FEET EAST OF THE NORTH QUARTER POST, SECTION 30, TOWNSHIP 38 NORTH, RANGE 3 EAST AND 45 FEET SOUTH OF THE NORTH LINE OF SECTION 30, TOWNSHIP 38 NORTH, RANGE 3 EAST ALSO BEING THE SAME AS THE NORTHWEST PROPERTY CORNER OF THE FIRST REPLAT OF SELSOR'S CLEVELAND ROAD MINOR SUBDIVISION, LOT "A" AND BEING THE POINT OF BEGINNING; THENCE EAST 40 FEET ALONG THE NORTH PROPERTY LINE; THENCE SOUTH 10 FEET AND PARALLEL TO THE WEST PROPERTY LINE; THENCE WEST 40 FEET AND PARALLEL TO THE NORTH PROPERTY LINE TO TIIE `BEST PROPERTY L]NE; TI-IENCE NORTH 10 FEET ALONG THE WEST PROPERTY LINE TO THE POINT OF BEGINNING AND CONTAINING .009 ACRES. MORE COMMONLY KNOWN AS 18422 CLEVELAND ROAD. KEY #02-1020-0442.08. APPROVED Board of Public Works -2 cnG? � c_0 v1 rri 3� c- i �> C) ��•� cy- QARLA L GRtPADO, Notary Public A Reeldent St. Joseph CoL-nty, IN commis 3ion _ Printed Name This instrument was prepared by Anne E: Brunel, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601.