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HomeMy WebLinkAbout#2036- Deed; GRANT OF PERPETUAL EASEMENT McKinley AveuneV 203C GRANT OF PERPETUAL EASEMENT SANITARY SEWER Key #18-5064-225004 Joseph Oletti `rfico, Inc. McKinley Plaza 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LuECKE, MAYOR BOARD OF PUBLIC WORKS December 2, 1997 Mr. Joseph Oletti Trico, Inc. 515 North Ironwood Drive South Bend, Indiana 46615 RE: Grant Of Perpetual Easement Key No. 18-5064-225004 Dear Mr. Oletti: PHONE219/235-9251 FAx 219/235-9171 TDD 219/235-5567 The Board of Public Works, at its meeting held August 25, 1997, 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. Enclosure Sincerely, Angela I Jacob, C erk JAMEs R. CALDWELL M. CATHERINE ROEMER AUG 19 '37 117.10AM MAYOR STEVE LUECKE GRANT OF PERPETUAL EASEMENT F.E/5 SANITARY SEWER THIS GRANT OF EASEMENT made this 5 day of , 1997, by Trico, Inc., by and through Joseph Oletti (Granter ) and the City of South Bend, Indiana, by and through its Board of Public i_ Works (Grantee), in favor of the City of South Bend, its successors and assigns (Grantee). WITN ESSETH : 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 as described for the installation, construction, operation, maintenance, adjustment, replacement, repair, alteration, removal, modernization, and use of a sanitary 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, Sate of Indiana, briefly described as follows: Key No. 18-5064-225004 The northerly 15 ft. of the following described parcel: That part of the northwest quarter of the northwest quarter of Section 8, Township 37 North, Range 3 East, described as follows: Beginning at a point.340 feet South of and 232 feet East of the North quarter section corner of Section 8, Township 37 North, Range 3 East; Thence North (Bearing Assumed) 150 feet to a point on the South line of McKinley Avenue (U.S. Highway 20) at a distance of 40 feet from and measured at right angles with the center line of said McKinley Avenue and 232 feet East of the North and South center line of said Section 8, Township 37 North, Range 3 East; Thence in a Northeasterly', direction on a curve to the left for a radius of 1114.38 feet and limited in length by a chord of 152.94 feet to a point on the South line of McKinley Avenue 40 feet from and measured at right angles with the center line of said McKinley Avenue and 382 feet East of the North and South Center line of said Section 8, Township 37 North, Range 3 East; Thence South 104.67 feet; Thence South 18 -26' West 79.06 feet; Thence West 125 feet to a point which is 232 feet East of the North and South center line of Section 8, Township 37 North, Range 3 East, which point is the place of beginning_ 1QAf-1 NAYOP. STEVE LUECkE 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 desire said air, surface and subsurface rights and interests to accomplish and Garry out the general purpose of this conveyance as the same has hereinabove been expressed. The easement Indiana, hereby granted is for the benefit of the City of South Bend, 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 sanitary sewer system. The Grantee shall restore that area disturbed by its works 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 in any way said suoconflict rface for thepurposes andit nntions herright hereinabove expressed. The easement granted herein and its associated benefits and obligation, 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 havingany real leasehold, or other interest in all or any part of the estate. This easement shall band 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 it is lawfully seized and possessed of the parcel of real estate hereinabove described; that it has good and lawful right to convey and that it is free of all encumbrances that would conflict with the right herein granted. The Grantor hereby releases any and all claims from whatsoever cause, incidental to the exercise of any rights herein granted. J7 11:11AM MAYOR STEVE LUECKE P.4/5 IN WITNESS WHEREOF, Grantor has executed this Grant of Perpetual Easement for sanitary sewer system on the date shown on the acknowledgment set forth herein. GRANTOR: TRICO, INC. BY: oseph Oletti U Owner 0)4 (Corporate Seal) GRANTEE: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Carl P. Littrell James r_ dwell I,f rQ;aA�� t erine Roemer ATTEST: "n,�jelK. Jacob Clerk :n co Ln 9V 11:11Rrj rJAYOR STEVE LUECKE P.5/5 STg�E OF INDIANA S S _ 5i• ,IT. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared Carl P. Littrell, James R_ Caldwell and M. Catherine Roemer, personally known by me to be members of the Board of Public Works of the City of South Bey ;d'' � Indiana, and acknowledged the execution of this Grant of Ea.ry7 as their voluntary act or deed. hand and Notarial Seal this �s day o '. :I WITNESS my � , L ti.'� •.. 19 9 7 _ ; : ,tip. ;. � • '' { No ry Pub- ti A resident of St, Joseph Co 'Ny1►8' My Commission Expires: j--I c STATE OF INDIANA SS: ST. 3OSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared Joseph oletti, known by me to be the owner of Trico, Inc., the Grantor, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. `` Ntarial Seal this St day of , WITNESS Am1�p0hand audo ' 1997. °°°'° ° u e � N ry Public PUBLIC O y o ` IN �'.> A resident of St . Joseph Countl►, %©yam My Comm i ss ion �*Paxam -' O S oZ. H-1 This Instrument was prepared by: Michelle Engel, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. s-d34655 52