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Home My WebLink About#2126- Deed; GRANT OF EASEMENT E. half ne quarter sec 30 T. 37 N. R3E.K-i�; a 3 - 10 L� Q - a3 d0 mac_-Lr�t Cam}Lp ca :nCriOrn in �rll i- GRANT OF -EASEMENT STORM SEWER G � O�n�( �� to THIS INDENTURE made this � day of , 1998, by and betwee�rl� rt IRpnd Leslie S. King (Grantors) and the Civil City of South Bend, Indiana, by and through Ws BoJM of Public Works (Grantee), in favor of the Civil City of South Bend, its successors and assigns. WTTNESSETH: That for One Dollar ($1.00) and other good and valuable consideration, the receipt of which Grantors hereby acknowledge, Grantors hereby grant, convey, and warrant to Grantee a permanent easement of the nature and at the location hereinafter set forth as described only for the installation, construction, operation, maintenance, adjustment, replacement, repair, alteration, removal, modernization, and use of a storm 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: The E.'h N.E. 1/4 sec 30 T. 37 N. R3E. Key # 23-1040-2200 Commencing at the north/west corner of lot 4, replat of lots 1 thru 6, Meadow View 1st addition, City of South Bend, St. Joseph County, Indiana; thence, south 10 feet along the west property line of lot 4 to the center line of the easement also being the point of beginning; thence, south 5 feet along the west property line of lot 4 to the south/west corner of the easement; thence south/east 55 feet and parallel to the center line of easement to the east property line of lot 4; thence north 10 feet along the east property tine of lot 4; thence north/west a distance of approximately 54 feet and parallel to the center line of easement to the west property line of lot 4; thence south 5 feet along the west property line of lot 4 to the point of beginning. The easement granted herein shall pertain to the air surface and subsurface rights and interests of the Grantors, 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 carry out the general purpose of this conveyance as the same has hereinabove been expressed. The easement hereby granted is for the exclusive 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 storm sewer system.. The Grantee agrees that construction shall have limited impact on the surrounding area and agrees to restore that area disturbed by its work to as near the original condition as possible. The Grantee agrees to provide and maintain an erosion prevention system in and around Clyde Creek. pppppp"�- The Grantors reserve 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 the associated benefits and obligation, shall constitute covenants running with the real estate, and shall be binding upon the Grantors 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 Grantors hereby covenant with the City of South Bend that they are lawfully seized and possessed of the parcel of real estate hereinabove described; that they have good and lawful right to convey and that the property is free of all encumbrances that would conflict with the right herein granted. The Grantee agrees and undertakes to hold Grantors free and harmless from any liability, loss, costs, damages or expenses, which Grantors may incur as a result of any claims or actions, which may be made by any person arising out of Grantee's rights granted hereunder as they relate to the storm sewer system and related facilities. The Grantors hereby release any and all claims from whatsoever cause, incidental to the exercise of any rights herein granted. IN WITNESS WHEREOF, Grantors have executed this Grant of Easement for storm sewer system on the date shown on the acknowledgment set forth herein. GRANTOR: Robert F. King Leslie S. King GRANTEE: CITY OF SOUTH BEND 7, R. Caldwell, Presisident ter= Lewis N. Powell, Member /0 Q�u---q M. Catherine Roemer, Mem. er ST: Bela Odacob, Clerk STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared James R. Caldwell, Lewis N. Powell, and M. Catherine Roemer, personally known by me to be members of the Board of Public Works of the City of South Bend, Indiana, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this h. day of�Le 1998. A resident of St. Joseph County My Commission Expires: k= PH COUNTY ) 7 �O Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared Robert F. and Leslie S. King, the Grantors, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this day ofaE, 1998. NotaVy Public A resident of St. Joseph County, IN This Instrument was prepared by: Michelle Engel, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. 9848708 98 29 r7 7 r r"r GCRDER T SATE NIA ID . ir PF _ )