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Home My WebLink About#2119- Deed; DESTRIBUTION EASEMENT relocate electric power service/ Iq INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Angela K. Jacob, Clerk of the Board of Public Works FROM: Carl Littrell, City Engineer 0H_ SUBJECT: Grant of Easement to American Electric Power DATE: July 15, 1998 1 recommend that the Board of Public Works approve the attached grant of easement to Indiana Michigan Power Co. (dba American Electric Power Company) to complete the easements needed to relocate electric power service to the Municipal Services Facility, the proposed County Jail, and other neighboring properties. If approved, please return the document to Mr. Dennis Foust of American Electric Power Co. He will record the easement. c: Anne Bruneel �� 1_ 6l " sandxa Qo�ssnuwoo AW n o�19nd '��oH n V Z)6a",Lk n POZA (_ k.: No. 8105-C / Rev 11/96 DISTRIBUTION EASEMENT L� FAL coy . rns`: tV :7�iC7rri ^- 4� SOUTH BEND LOCAL Serial No, 24197 WO No. Easement No. Map No. 575 Overhead &Underground THIS INDENTURE, made this V day of , I9 by and between CITY OF SOUTH BEND, INDIANA whose address is 1200 County —City Building South Bend, Indiana 46601 (hereinafter called the "Grantor's 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, 46901, (here- ivafter 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 City of South Bend, Indiana by - C. J. Wood, Inc., an Indiana corporation _ by deed dated October 18 1965 , and recorded in Book 669 Page 159 _ , in the office of the Recorder of S t . Joseph County, Indiana, to which reference is made for further description. Beginning 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 North 29030157" East along the westerly line of said Tract No. 3, a distance of 675.78 feet to a point; thence North 89°42`54" �'1 �ano� 3o tuaprsar a uru I ofIgnd retoN A n !_ 6I sandxa uo►ssnuuroa AW C� &a"'L-k n POZA C_ No. 8105-C / Rev. 11/96 9837692 DISTRIBUTION EASEMENT co rn C J_ :0 CJ SOUTH BEND LOCAL Serial. No. 24197 WO No. Easement No. Map No. 575 Overhead &Underground '1 THIS INDENTURE, made this C� v rC}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 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'D 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 City of South Bend, Indiana by C. J. Wood, Inc., an Indiana corporation by deed dated October 18 19 65 , and recorded in Book 669 Page 159 , in the office of the Recorder of S t . Joseph County, Indiana, to which reference is made for further description. Beginning 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 North 29°30'57" East along the westerly line of said Tract No. 3, a distance of 675.78 feet to a point; thence North 89°42'54" East a distance of 784.14 feet to a point; thence South 2°06'30" West a distance of 268.30 feet to a point; thence South 4039'23" West a distance of 21.55 feet to a point; thence North 88°50'40" West a distance of 352.68 feet to a point; thence South 00°07'14" West a distance of 311.29 feet to the South line of said Tract No. 3, said line being also the North line of Sample Street; thence North 89*51'46" West along said last described line, a distance of 752.19 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. 18-3043-1654.04 TOGETHER with the right of ingress and egress to, from and over said Premises, and also the right % cut or tern and I or remove any trees or bushes which may endang er the safety or interfere with the construction and use of said facilities. air or replace all physical damage on the Premises proximately caused by the construction, opera - Grantee shall promptly re P lion and maintenance of Grantee's Facilities. The Grantor warrants t1at no structure or building shall be erected upon said easement. which is not ent with the After the completion of said system the Grantor reserves the full o use of adeewi�� the a;ea of said easement without the e�t- and maintenance of said facilities but does agree not to change elevation grade ten prior consent of Grantee. plete in it is agreed that the foregoing is the entire contract between the parties Bret hens �succzssoat this rs and assignstten eGrnt lantormthrough g on their respective representative, all its terms and provisions and shall be binding Pe Indiana Gross Income Tax is due or payable in respect to the transfer made its duly authorized officers, certifies under oath that no herein. City of South Bend Indiana has caused its corporate name IN WITNESS WHEREOF, day of and seal to be hereto affixed this SIGNED AND ACKNOWLEDGED IN THE PRESENCE OF: By CITY OF SOUTH BEND, INDIANA (Corporate Name) This instrument was prepared by Dennis C . Foust , Agent for Indiana Michigan Power Company on its behalf. APPROVED Board of Public Work-, )unty and State on within the named vn to me to be the if said corporation oration as the free and voluntary act of said corporation, for the uses and purposes therein set torte ana saa cil►�l uay—r, — uu.; sworn, swear that the statements contained therein relating to Indiana Gross Income Tax are Notary Public My commission expires l l7 19 I am a resident of County. Eas. No. Map No. Cownship 37 North, Range 2 East, Portage Township, City of South Bend, z)t josepn Lounry, 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 980.34 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 for the Point of Beginning of this description; thence North 0° 01' 38" West (N 01 00' 43" W, D.R. 818, Pg. 522) along said West line prolonged a distance of 286.49 feet to the North line of a parcel conveyed to the City of South Bend as described in Deed Record 669, Page 159; thence South 89143' 44" West (S 89' 42' 54" W, D.R. 669, Pg. 159) along said North line a distance of 30.00 feet; thence South 0° O1' 38" East a distance of 285.74 feet to the North line of said parcel conveyed to the City of South Bend as described in Deed Record 818, Page 522; thence South 88' 50' 58" East (S 88' 50' 40" E, D.R. 669, Pg. 159) along said North line a distance of 30.01 feet to the point of beginning and containing 0.197 acres. SO475 - dob STATE GV' ,fir«�Hlillltu:�ati�`•• � 0\`V 'J City of Soutf, D. R. 669, PS 1654.0� 10.289 / City -of _South Bend Studeboker Corridor Third Minor Subdivision 1654.12 Inst. No. 9JOJ861 MMGS I cnecK JML ate 6-1 1-98 AEP EASEMENTS ST. JOSEPH COUNTY JAIL SITE C/U -� R16a e- W ti no. 9861-4034-70 City of South Bend D.R. 669, Pg. 159 1654.04 10.289 Ac. City of South Bend t D. R. 659, Pg. 159 1 1 A �Q n1d 1''�`� - city_ofSouth Bend Studebaker Corridor Third Minor Subdivision 1654.12 Inst, No. 9JOJ861 MMGS JML ale 6-11-98 AEP EASEMENTS ST. JOSEPH COUNTY JAIL SITE �..... .ter• iI I no. 9861-4034-70 SYY Corner Tract #3 City of South Bend II� Tf.xy� 1654.05 f D. R. 818, Pg. 522 0.007-, Ac. City of South Bend D. R. 669, Pg. 159 7 654. 04 I0.289 Ac. Solt dome City of South Bend D. R. 669, Pg. 159 1654.04 2 / 10.289 Ac. e 4 ' r Se r a A 5 ~ Newman & Altman, Inc. !r. I "� _� �' -� �— jy City_of_-South Bend 1654.11i Studebaker Corridor Third Minor Subdivision Inst. No. 8421 J06 , 1654.12 1 Inst. No. 9JOJ861 ��- Mf momrm `'� uRc}MCTS "4NEn 'JM eao 10AWPOL[S cri�xia+ KWVMo NILES. r0 yn — MMGS I cnecK JML ate 6-1 1-98 I no. 9861--4034-70 AEP EASEMENTS ST. JOSEPH COUNTY JAIL SITE 1 I i I I