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HomeMy WebLinkAbout#2118- Deed; DISTRIBUTION EASEMENT Serial No. 24231k�mo. 4/.- 3w �5--rwJ,4+ nL03) -`l 1 l.*a g f Form No. 8105-C / Rev 11196 SOUTH BEND LOCAL Serial No. 24231 f DISTRIBUTION EASEMENT Ma N 575 WO No. Easement No. MapNo. Overhead & underground THIS INDENTURE, made this day of , 19 by and between CITY OF SOUTH BEND INDIANA whose address is 1200 County —City Building South Bend Indiana 46601 (hereinafter called the "Grantor") and INDIANA NIICHIGAN 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 ($1.00) 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 St. Joseph , State of Indiana, and being a part of Section 11 , 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 1976 , 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 89051146" 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 31l.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 6'01'08" 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. This easement is for guying only and will expire when said guying is removed. Said easement area 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 Eas• No. Exhibit q_ ---, Map No. That part of the Southeast Quarter of Section 11, in Township 37 North, Range Township, City of South .Bend, St Joseph County, Indiana which is described a 2 East' Portage Tract 3 of the plat of the "Studebaker Corporation Replat" as recorded in Plat Boo Being in the Office of the Recorder of St. Joseph Coun a Part of said Tract 3; thence South 89° 51' 08" East (S 89TyS 1' 45e D R g 18, the P South Coy Page 184 line of said Tract 3 a distance of 950.34 feet; thence North 00 0 V 38" West a distancerner °f g. 522} along the South feet for the Point of beginning of this description; thence North 71° 39' 5 0 " West a of 191.35 15.80 feet; thence North 00 01' 38" West a distance of 21.07 feet; thence South 710 dastance of distance of 15.80 feet; thence South 00 01' 38" East a distance of 21.07 feet ,, 39 SO East a beginning and containing 0.007 acres. to tiro p0int of 4' lmo. p� s SO475 a mom - STATE OF %y TA r—iA ,= �o City of South Bend �, x n�;, 1654.05 D. R. 818, Pg. 522 I � 0.007, Ac. c i l G 0 1 A l Indione & Michigan Elect r c C 1654.03 w T D. R. 556, Pg. 13 1. Cr) �•c [ — I 0n . Ne wmon & Altman, Inc. 1654.11 Inst. No. 8421 J06 4 I - f � City of South Bend D. R. 669, Pg, 159 1654.04 10.289 Ac. c W City of South Bend D. R. 669, Pg. 159 1654.04 10.289 Ac. e r a A -- I City-oLSouth Bend Studebaker Corridor Third Minor Subdivision 1654.12 Ins t. No. 9303861 t drawn MMGS Mf MS :ems ,rfrxOMY Pc"#D?s date g-11-98 n0• 9861—•4Q34-70 check ,]ML AEP EASEMENTS ST. ,1oSEPH COUNTY JAIL SITE DO JUL 31 A110:15,7 9839691 Form No. 8I05-C / Rev. 11/96 SOUTH BENT] LOCAL-` Serial No. 24231 DISTRIBUTION EASEMENT WO No. 715-9355 Easement No. 3163 Map No. 575 Overhead & Underground THIS INDENTURE, made this 13th day of July 19 98 by and between CITY OF SOUTH BEND, INDIANA___ whose address is 1200 County7City Building 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 (51.00) 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 11 , 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 11976 and recorded in Book 818, Page 522 , in the office of the Recorder of S c . 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 1.1, 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 352.658 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°01'08" 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. This easement is for guying only and will expire when said guying is removed. Said easement area 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 4 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. The 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, and seal to be hereto affixed this SIGNED AND ACKNOWLEDGED IN THE PRESENCE OF: City of South Bend By — day of has caused its corporate ame '011- ,19 4 CITY OF SOUTH BEND, INDIANA (Corporate Name) This instrument was prepared by Dennis C. Foust Indiana Michigan Power Company on its behalf. Board of Pa"';iic Work.; SS. day of Agent for a Notary Public within and for said County and State on , 19 R M, personalX appeared within the named ,wn to me to be the of said corporation acknowledged the xecution 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 uaatc­contained therein relating to Indiana Gross Income Max are true- (1'1� 'L41 NO PUb11C My commission expires �� I am a resident of County. Eas. No. 3163 Map No. 575 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 184 in the Office of the Recorder of St. Joseph County. Commencing at the Southwest Corner of said Tract 3; 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 950.34 feet; thence North 0° 01' 38" West a distance of 191.35 feet for the Point of beginning of this description; thence North 71 ° 39' 50" West a distance of 15.80 feet; thence North 0' 01' 38" West a distance of 21.07 feet; thence South 71 ° 39' 50" East a distance of 15.80 feet; thence South 0° 01' 38" East a distance of 21.07 feet to the point of beginning and containing 0.007 acres. 134 life, �,\WAEC. 5TZq' INo. C� _ SO475 Boa = STATE OF r Tax Key No. 18-3043-1654.05 983969, 93 JUL 31 ►ki i 10: 57 J.3x are true. at-,� -�A .., --- - 6 } No public MY commission expires I —� � �—}.g�.�� i am a resident of y1 County. Form No. 8105-C / Rev. 11196 DISTRIBUTION EASEMENT 9839G90 CU JGL v 1 SOUTH BEND .LOCAi Serial No. 24221 WO No. 715--9355 Easement No. 3164 Map No. 575 Overhead & Underground THIS INDENTURE, made this 13th day of July _.. 119 98 by and between whose address is CITY OF SOUTH BEND, INDIANA 1200 County —City Buildi South Bend, Indiana 46601 (hereinafter called the "Grantor") and ]NDIANA NUCHIGAN 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 St. Joseph State of Indiana, and being a part of Section 11 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 8_18, 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 off 752.19 feet for a point of beginning; thence North 00007'14" 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 89047'35" West a distance of 119.11 feet to a point; thence South 00000'43" 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°01'08" 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 OG ET14ER with the right of ingress and egress to, fom and over said Premises, and also file 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 e� otnhstruct�o4 opera - Grantee shall promptly repair or replace all physical damage on the Premises proximately caused by th tion and maintenance of Grantee's Faciiities. The Grantor warrants that no structure or building shall be erected upon said easement. Ater 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 esfhas be under oath get no Indiana Gross Income Taxon their respective i is due or payable,and in espectttto the trs. ansferrmade its duly authorized officers, herein IN WITNESS WHEREOF, and seal to be hereto affixed this SIGNED AND ACKNOWLEDGED IN THE PRESENCE OF: City of South Bend, India This insrepared by Dennis C . Foust r...l:.,-, �,a�I oManv on its behalf. '. SS. BEFORE ME'`_ f By - day of has caused its corp, ame 19 `� CITY OF SOUTH BEND, INDIANA (Corporate Name) Agent for APPROV17D Board u; �'i,;:iic: Word a Notary Public within and for said County and State on 19 '?F peso y appeared within the named r►, / 1,4-fu I , _ , to me to be the of said corporation U - wU ' acknowledged thee 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 19 -t o I am a resident of County. 9839690 1 19� My commission expires � County. I am a resident of rr T Eas. No. 3164 Map No. 575 -Exhibit iat part of the Southeast Quarter of Section 11, in Township ;?North, Range 2 East, Portage �wnship, City of South Bend, St Joseph County, Indiana which is described as: Being a part of act 3 of the plat of the "Studebaker Corporation Replat" as recorded in Plat Book 11, Pacethe Office of the Recorder of St. Joseph County, Commencing at the South184 west Corner of �u.d Tract 3; 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 950.34 feet for the Point of beginning of this description: thence South 890 51' 08" East (S 890 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 00 00' 43" W, D.R. 818, Pg. 522) along said West line prolonged and said West Iine a distance to he Nonh line of a Deed Recorde 522; thence North gg° feet 818t Pagrcel veyed to the City of South Bend as described in 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. `N%A%W i!Fit, ?qO S0475 - STATE: � �vRv. aQ7 g Tax Key No. 18-3043-1654.05