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HomeMy WebLinkAbout#2117- Deed; DISTRIBUTION EASEMENT Serial No. 24221kc,) ND. i8-3�13 1lr�Lt� & M.nvA�E/ r 3Gf6cl �YWLj '1�I3(48 Form No. 8105-C / Rev. 11196 SOUTH BEND LOCAL Serial No. 24221 DISTRIBUTION EASEMENT _ WO No. f7� -�S Easement No. 31(� 3 Map No. 5 7 5 Overhead & Underground THIS II MENTURE, made this / 3'7�4- day of _ --J-y L--i _, 19 G B - - by and between CITY OF SOUTH BEND, INDIANA whose address is 1200 County -City Build South Bend, Indiana 46601 (hereinafter called the "Grantor") and INDIANA MICHIGAN POWER COMPANY, an Indiana Corporation authorized to do busi- ness in the State of Michigan whose post office address is P.O. Box 60, One Summit Square, Fort Wayne, Indiana, 46801, (here- inafter called the "Grantee'. WITNESSETH: That for One Dollar (S1.00) and other good and valuable considerations in hand paid, the receipt of which Grantor hereby acknowledges, Grantor does hereby grant and convey to Grantee a right-of-way and easement for the construction, operation, use, maintenance, repair, renewal, and removal of a line or lines of overhead and underground facilities and equipment for the transmission of electrical energy, and for communication purposes including the right to permit attachments of others to said facilities in, on, along, under, over, across, and through the following described Premises situated in Portage Township, County of S t . Joseph , State of Indiana, and being a part of Section I 1 Township 37 North , and Range 2 East to wit: Being the same (or a part of the same) property conveyed to Civil City of South Bend, Indiana by Robert W . Ham _ by deed dated July 1 19 76 and recorded in Book 818, Page 522 , in the office of the Recorder of _ St. Joseph _ County, Indiana, to which reference is made for further description. Commencing at the Southwest corner of Tract No. 3 of the STUDEBAKER CORPORATION REPLAT as recorded in Plat Book 11, page 184 in the Office of the Recorder of St. Joseph County, Indiana; thence South 89°51'46" East along the South line of said Tract No. 3, said line being also the North line of Sample Street, a distance of 752.19 feet for a point of beginning; thence North 00°07'14" East a distance of 311.29 feet to a point; thence South 88°50'40" East a distance of 352.68 feet to a point; thence South 4°39'23" West a distance of 98.60 feet to a point; thence North 89°47'35" West a distance of 119.11 feet to a point; thence South 00°00'43" East a distance of 126.97 feet to a point; thence North 89°59'55" East a distance of 106.92 feet to a point; thence South 6*01108" West a distance of 45.34 feet to a point; thence South 00°16'04" West a distance of 35.06 feet to the said South line of Tract No. 3; thence North 89°51'46" West along said South line of Tract No. 3, a distance of 328.18 feet to the point of beginning. Said easement being a thirty (30) foot wide area on the above described parcel, and being more particularly described as follows, to wit: See Exhibit "A" attached hereto, and made a part hereof. Tax Key No. 18-3043-1654.05 TOGETHER with the right of ingress and egress to, from and over said Premises, and also the right to cut or trim and / or remove any trees or bushes which may endanger the safety or interfere with the construction and use of said facilities. Grantee shall promptly repair or replace all physical damage on the Premises proximately caused by the construction, opera- tion and maintenance of Grantee's Facilities. -Fhe Grantor warrants that no structure or building shall be erected upon said easement. After the completion of said system the Grantor reserves the full use of the land which is not inconsistent with the existence and maintenance of said facilities but does agree not to change elevation or grade within the area of said easement without the writ- ten prior consent of Grantee. It is agreed that the foregoing is the entire contract between the parties hereto and that this written agreement is complete in all its terms and provisions and shall be binding on their respective representative, heirs, successors, and assigns. Grantor, through its duly authorized officers, certifies under oath that no Indiana Gross Income Tax is due or payable in respect to the transfer made herein. IN WITNESS WHEREOF, City of South Bend, Indiai and seal to be hereto affixed this 16-V4— day of SIGNED AND ACKNOWLEDGED IN THE PRESENCE OF: By This instnunent was prepared by Dennis C . Foust Indiana Michigan Power Company on its behalf. has caused its corpc}rt ame CITY OF SOUTH BEND, INDIANA (Corporate Name) APPR0V1 D Board of Public: Works Agent for STATE OF INDI S. - County of BEFORE ME , a Notary Public within and for said County and State on s da o 19 QE peson.Wy appeared within the named A _ _ _ _ _ to me to be the ` of said corporation acknowledged the a cution of the foregoing deed of easement and affixed thereto the corporate seal of said corporation as the free and voluntary act of said corporation, for the uses and purposes therein set forth and said officer having been duly sworn, swear that the statements contained therein relating to Indiana Gross Income Tax are e. No Public My commission expires I — L 0 19� I am a resident of County. Eas. No. Map No. Exhibit A That part of the Southeast Quarter of Section 11, in Township 37 North, Range 2 East, Portage Township, City of South Bend, St Joseph County, Indiana which is described as: Being a part of Tract 3 of the plat of the "Studebaker Corporation Replat" as recorded in Plat Book 11, Page 194 in the Office of the Recorder of St. Joseph County. Commencing at the Southwest Corner of said Tract 3; thence South 890 51' 08" East (S 89" 51' 46" E, D.R. 818, Pg. 522) along the South line of said Tract 3 a distance of 950.34 feet for the Point of beginning of this description: thence South 89' 51' 08" East (S 89' 51' 46" E, D.R. 818, Pg. 522) along the South line of said Tract 3 a distance of 30.00 feet to the prolonged West line of a parcel conveyed to Indiana & Michigan Electric Company as described in Deed Record 656, Page 131; thence North 0' 01' 38" West (N 0" 00' 43" W, D.R. 818, Pg. 522) along said West line prolonged and said West line a distance Of 307.35 feet to the North line of a parcel conveyed to the City of South Bend as described in Deed Record 818, Page 522; thence North 880 50' 58" West (N 88° 50' 40" W, D.R. 818, Pg. 522) along said North line a distance of 30.01 feet; thence South 0° 01' 38" East a distance of 30.7.87 feet to the point of beginning and containing 0.212 acres. 0. SO475 ® v •o STATE q/ 01 AN P ©�; r Tax Key No. 18-3043-1654.05