HomeMy WebLinkAbout#2128- Deed; GRANT OF EASEMENT S 22 ft to the ctr line of a 10 ft easement4 U-1 Z& lz:�a I a�
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GRANT OF EASEMENTS
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STORM SEWER
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V�day THIS INDENTURE made this , of1998, by and between Kevin
J. And
Melissa A. Whippo (Grantors) and the Civil City of South Bend,
Indiana, by and through its Board
of Public Works (Grantee), in favor of the Civil City of South Bend, its successors and assigns.
WITNESSETH:
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 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:
Key #23-1040-2201
Commencing at the north,/west corner of lot 4A, replat of lots 1 thru 6, Meadow View 1st
addition, City of South Bend, St. Joseph County, Indiana; thence, south 22 feet to the center
line of a 10 foot easement; being the point of beginning; thence, south 5 feet along the west
property line to the south/west corner of the easement; thence south/east 25 feet and parallel
to the center line of the easement to the east line of the creek; thence north/east along the east
line of creek to the north/east corner of the easement; thence north/west and parallel to the
center line of easement approximately 28 feet to the west property line of lot 4A; thence south
5 feet along the west property line of lot 4A 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 shall restore that area disturbed by its work to as near the original condition as
possible.
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.
'Phis 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 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.
1�evin J. Whip o
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Mel ssa A. Whippo
GRANTEE:
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
es R. Caldwell, President
Lewis N. Powell, Member
,-'M. Cathenne Roemer, Membl-r
A ST:
Angela K.`Jdcob, Cler
V
SS:
r'Y
Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally
appeared lames 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 o , 1998.�'��
F; J1_ I'c
A resident of St. Joseph County, IN
My Commission Expires:
STATE OF INDIANA )
SS:
ST. JOSEPH COU'-\'Ty )
Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally
appeared GI - Fes, known by me to be Kevin J. and Melissa A. Whippo, the Grantors, and
acknowledged the execution of this Grant of Easement as their voluntary act or deed.
WITNESS my hand and Notarial Seal this 9 day of 1998.
,Notary P, 1
A resident of St. Joseph County, IN
My Commission Expires:
F. -2 4 ae
This Instrument was prepared by: Michelle Engel, Assistant City Attorney, 1400 County -City
Building, South Bend, IN 46601.
COUNTY
SS:
}
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.
WTTNESS my hand and Notarial Seal this 47ay ez ,' 1998.��
A resident of St. Joseph County, IN
My Commission Expires:
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally
appeared cJ - Y " `1' , known by me to be Kevin J. and Melissa A. Whippo, the Grantors, and
acknowledged the execution of this Grant of Easement as their voluntary act or deed.
WITNESS my hand and Notarial Seal this S' day of i 1998.
Notary P.01
A resident of St. Joseph County, IN
My Commission Expires:
l -2a�
This Instrument was prepared by: Michelle Engel, Assistant City Attorney, 1400 County -City
Building, South Bend, IN 46601.
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98 SEP 11 929
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