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Home My WebLink About#2050- Deed; GRANT OF PEPETUAL EASEMENT Olive Rd. Sewer Ext., Cleveland Rd. to Toll Road--- - -- -- _ - 2049 CONSENT TO ANNEXATION Key No. 02-2117-5782.01 Sandra L. Arnicar 17789 State Road 23 South Bend, IN 46635 1316 COUNTY -CITY BUILDING SouTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS February 10, 1998 Ms. Sandra L. Arnicar 17789 State Road 23 South Bend, Indiana 46635 RE: CONSENT TO ANNEXATION Key No. 02-2117-5782.01 Dear Ms. Arnicar: PHONE219/235-9251 FAx 219/235-9171 TDD 219/235-5567 The Board of Public Works has recorded your Consent to Annexation with the Recorder's Office. Enclosed is a copy for your records. If you have any questions, please call me. Enclosure Sincerely, Angela . Jacob, Cle JAMES R. CALDWELL M. CATHERINE ROEMER Board c Hold Recorded copy for: Board of public Works 9802.299 19 CONSENT TO ANNEXATION AND WAIVER OF RIGI-IT TO REMONSTRATE In consideration for permission to tap into the public sanitary sewer system and/or water system of the city of South Bend, Indiana, to provide sanitary sewer service and/or water service to the following described property, (hereuafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: SANDRA L. ARNICAR Key# 02-2117-5782.01 r 17789 State Road 23 L . SOUTH BEND, INDIANA 46635 SANDRA L. ARNICAR ,South Bend, Indiana 46635,Owner of the Real Estate, (hereinafter "Owner"), for themselves and their successors in title and assigns, waives and releases any and all right which they may now or hereafter have to remonstrate against or otherwise object to, interfere with, or oppose any pending or future aturexation of the Reai Estate ' i by the City of South Bend. In further consideration a nd to induce the City of South Bend to allow Owner to tap into the public sanitary sewer and/or water of the City of South Bend, Owner, for themselves and their successors and assigns, agrees hereby to vest un the City of South Bend the permanent right, at the City's discretion, to annex the Real Estate at any future time by duly authorized ordinance. Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors or assigns shall contain the waiver and release provisions contained herein, which provisions shall nun with the land. The delivery of any instnunent of conveyance from the Owner to any successor, grantee, vendee or contract purchaser is subject to the terns of this document and the acceptance of such instrument shall constitute an acceptance of the foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title. ANDRA L. ARNICAR �/i N i Z. efore me, the undersigned, a Notary Public in and for said State, personally appeared !d IIA - and acknowledged the execution of this Consent to Annexation and Waiver of Right to Remonstrate as his voluntary act and deed. my hand and Notarial Seal this �� ( Dav of 1998, Written Siye�nature ' >;:.:• ;tip;': ' u� Tintedn� ,,•r;,,•;;,r.4fif.esidentofSt. Joseph County, Indiana. r, Expires: PI M CD STATE OF INDIANA ) )SS, COUNTY OF ST. JOSEPH ) This instrument was prepared by Amie Brimeel, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601, ,380 j , -99 2050 GRANT Or PERPETUAL EASEMENT SANITARY SEWER James l I. & Barbara K. Kidder 750 Old Country Road Gwinn, MI 49841 Olive Road Sewer Extension Cleveland Road to Toll Road 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC STORKS February 10, 1998 Mr. & Mrs. James H. Kidder 750 Old Country Road Gwinn, Michigan 49841 RE: GRANT OF PERPETUAL EASEMENT SANITARY SEWER Dear Mr. & Mrs. Kidder: PHONE219/235-9251 FAX 219/235-9171 TDD 219/235-5567 The Department of Community and Economic Development has recorded your Grant of Perpetual Easement with the Recorder's Office. Enclosed is a copy for your records. If you have any questions, please call me. Enclosure Sincerely, OngtelWaac4ob,C11er JAMES R. CALDWELL M. CATHERINF ROEMER 9739727 _ GRANT OF PERPETUAL EASEMENT S'i E '' 5itl SANITARY SEWER ii ] SET 30 A 8: 13 TY THIS INDENTURE made this day of ; 1997, by and between James H. Kidder and Barbara (hereinafter referred to as "Grantor"), and the Civil City of South Bend, Indiana (hereinafter referred to as "Grantee"). WITNESSETH tl ' 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, State of Indiana, briefly described as follows: Key Number: That part of the West Half of the Southwest Quarter of Section 19, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, which is described as: Beginning at a point on the West line of Olive Road which is S. 890-42'-20" W., 20.00 ft. From a point on the center line of Olive Road and East line of the West Half of the Southwest Quarter of Section 19 which is N. 000- 17--40" W., 20.00 ft. from a P.K. Nail found marking the Southeast corner of the West Half of .the Southwest Quarter of Section 19; thence along the West line of Olive Road, N. 000-17'-40" W., 1906.28 ft.; thence N. 070-08'-14" W., 503.59 ft.; thence N. 000-17140" W., 270.00 ft. to the South line of the East-West Indiana Toll Road; thence along said South line S. 890-42'-20" W., 20.00 ft.; thence S. 000-17140" E., 270.00 ft.; thence S. 070-08114" E., 503.59 ft.; thence S. 000-171- 40" E., 1906.28 ft.; thence N. 890-42120" E., 20.00 ft. to the point of beginning. Containing 1.2288 acres. 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 Lesire said air, 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 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 and shall be responsible for crop loss due to construction on the parcel described herein. 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 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 having any fee, leasehold, or other interest in all or any 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 they are lawfully seized and possessed of the parcel of real estate hereinabove described; that it has a good and lawful right to convey and that it is free of all encumbrances that would conflict with the right herein granted. Grantee acknowledges the existence of the following encumbrances: Subject to 1) A distribution easement granted by James H. Kidder and Barbara K. Kidder as tenants in common to Indiana Michigan Power Company, an Indiana corporation, dated January 24, 1996, and recorded as Document No. 9607068; 2) A Deed of Easement granted by Edward F. Richter and Bertha M. Richter, his wife, and Alonzo L. Matthews and Emma A. Matthews to Indiana & Michigan Electric Company, an Indiana corporation, dated October 6, 1954, and recorded in Deed Record Book 553, page 22.5; and 3) Right-of-way granted by Lester 0. Replogle and Fern M. Replogle, Husband and Wife, to Standard Oil Company ,an a Indiana corporation, dated March 10, 1953, recorded in Book 522, page 25; assigned by Standard Oil Company to The American Oil Company, an Indiana corporation, by assignment of right- of-way dated December 31, 1960, as recorded in Deed Record Book 612, page 01. IN WITNESS WHEREOF, the said Grantor has executed this Grant of Perpetual Easement for sanitary sewer system on the date shown on the acknowledgment set forth herein. Ja s H. Kidder / I�� _L,.-C �i�� /\/ • / �LL- �F-wit Barbara K. Kidder STATE OF EXAM MICHZGAN ) MARQUETTE } SS: COUNTY OF WYX EPHXXX ) Before me, the undersigned, a Notary Public in and for said State, personally appeared James H. Kidder and Barbara K. Kidder, 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 18th day of SEPTEMBER , 1997. 4TTE4'EANA. MAKI Otary Public tResiding in MARC)i1FTTF. Co • X MICHZGAN ,My.,,Gommission Expires • AUGUST 28, 1999 �c�ee) arN; Qnu This instrument was prepared by F-ine E. Bruneel, county -city Building, South Bend, Indiana, 46601. agr/oliveroad.sew 3 Assistant City Attorney, 1400 3T %T T71