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Home My WebLink About#2130- Deed; DISTRIBUTION EASEMENT AEP-Construct a new Dist line to repl line in TuttDISTRIBUTION EASEMENT 2130 Key # 18-3042-1633 Located in Portage Township on lot no. 92 in Garst's First Addition. Easement being the North fifteen feet of the above described lot. INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Michelle Engel, Legal FROM: Carl P. Littrell SUBJECT: Attached Distribution Easement-AEP DATE: November 10, 1998 1 have given a favorable recommendation to the Board of Public Works for the Distribution Easement to be used by AEP for construction of a new distribution line, which will replace a line in vacated Tutt Street. Dennis Foust from AEP will be recording the signed document upon receipt from the Clerk of the Board. Sample Street is also considered State Road 23, so if there would be any future cost to release this easement, the State will incur this expense. After reviewing the attached documents, if a Licensing Agreement would be more effective in lieu of an easement, would you please prepare the Agreement? If you have any questions, please call me at 235-5937. INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Angela K. Jacob, Clerk FROM: Carl P. Littrell W_ SUBJECT: Approval for Distribution Easement DATE: November 10, 1998 Please submit to the Board of Public Works the attached Distribution Easement to American Electric Power. I favorably recommend this easement, which will be located in Portage Township on Lot No. 92 in Garst's First Addition. The land in question was deeded to the City of South Bend, but is used as a right of way for Sample Street. AEP intends to construct a new distribution line to replace the line in vacated Tuft Street. Upon approval of the easement, please return the documents to the attention of Dennis Foust, American Electric Power, in the self-addressed stamped envelope attached. When he receives the signed document, Mr. Foust will record it. If you have any questions, please let me know. Enclosures c: Michelle Engel I Form No. 8105-C / Rev. 11/96 DISTRIBUTION EASEMENT Overhead & Underground SOUTH BEND LOCAL Serial No. 24279 WO No. Easement No. Map No. 5 7 5 THIS INDENTURE, made this by and between CITY OF SOUTH BEND whose address is South Bend. Indiana day of 19 (hereinafter called the "Grantor") and MIANA 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 ($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 overbead 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 12 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 by Blanch Mann survivor of Golden D. Mann by deed dated July 1 19 61 , and recorded in Book 619, Page 15 in the office of the Recorder of St. Joseph _ County, Indiana, to which reference is made for fimber description. Lot Numbered Ninety—two (92) in GARST'S FIRST ADDITION TO THE CITY OF SOUTH BEND. Said easement being the North fifteen (15) feet of the above described Lot Numbered Ninety—two (92). Tax Key No. 18-3042-1633, 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 frill 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 has caused its corporate name and seal to be hereto affixed this day of .19 SIGNED AND ACKNOWLEDGED IN THE PRESENCE OF: This instrument was prepared by Dennis C . Foust Indiana Michigan Power Company on its behalf. STATE OF INDIANA County of BEFORE ME this SS. CITY OF SOUTH BEND (Corporate Name) By Agent for a Notary Public within and for said County and State on day of _ 19 , personally appeared within the named known to me to be the of said corporation acknowledged the execution 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 true. My commission expires I am a resident of 19 _ County. Notary Public �,, �7 n.,:c ray ,O res SG N Ii m ' 28I Irn 1 v •OrGes758-3043 u ras u ECON -OG54 -19 a TIJ : ' I 24 2�_OG58— : , �� --- — 067G PENry r oG39 n . 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J �. ^ 3108 �= see � 1250 287 r07 s,o' a h{- V •re53 �.— '/ 1 m1 0 27I 1zz o- rsa 53 t A— 1i95 i ,r.,5 103 .30 v ,ar.a ,e TUTT S% °� JSa.o „ 4 -r6ro rsocr o xs a • 'r4F--- ,�- .�� 1� ra.�o. _ L.+o2,ro�ars �m Lq rco _ Q 0P`f- 1� a • 1 T ��•J3"—^ o I P v--��3—_1 V rB9 -,coa , Jp 'y �Aa � a roo •,crr n „r Ma: • � 1 ;•88- ' p 5� �00� � 2P 1wo—�`��_�o_` o Q i8-3d22 \\` � O�� jad n ` r83 'loos Nm ry !8 3042 Q r c: n ci ^ 9J•rcis \ N 17 bV �� 4 G �8a5 1 J n Gi.1 I�� 1 -I615 94 va �rS 5, Sea ie, ^.. xa•L-'s'OL.L 1asJu� J3 U`�15'3 •� 0-1 PORTAG3E TWP S.W.1/4 SEC. 12 T. 3 7 R.2 E DAMS dam, !�1 5, ffl; ,, IS use f Form No. 8105-C / Rev 11/96 DISTRIBUTION EASEMENT WO No. Overhead & Underground THIS INDENTURE, made this by and between CITY OF SOUTH BEND whose address is South Bend. Indiana SOUTH BEND LOCAL Serial No. 24279 Easement No. Map No. 5 7 5 day of 19 (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 ($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 12 , 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 by Blanch Mann, survivor of Golden D. Mann by deed dated July 1 . 19 61 , and recorded in Book 619, Page 15 , in the office of the Recorder of S t . Joseph « County, Indiana, to which reference is made for further description. Lot Numbered Ninety—two (92) in GARST'S FIRST ADDITION TO THE CITY OF SOUTH BEND. Said easement being the North fifteen (15) feet of the above described Lot Numbered Ninety—two (92). Tax Key No. 18-3042-1633 TOGETHER with the right of ingress and egress to, from and over said Premises, and also the right to cut or trim and / or trees or bushes wy hich may endanger the safety or interfere with the construction and use of said facilities. remove any 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 Cit of South Bend has caused its corporate _,game and seal to be hereto affixed this 1 9 day of "i'1 `� � 19 `7 � SIGNED AND ACKNOWLEDGED IN THE CITY OF SOUTH BEND PRESENCE OF: ---._ i y This instrument was prepared by Den Indiana Michigan Power Company on its behalf. STATE OF ARIA SS. County of BEFORE ME this tr' rr ` day of _ a Notary Public within and for said County and State on { � 19 _�I , personally appeared within the named 71 (-' 0'-H1 tL_11 t_� "rno�+n to me to be the of said corporation acknowledged the -execution 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 true. No Public My commission expires ICC [ 19- CSC I am a resident of ��, r"X - _County. rpl3TH 8 INTER -OFFICE MEMORANDUM tv DEPARTMENT OF PUBLIC WORKS ' 1865_. K DIVISION OF ENGINEERING TO: Angela K. Jacob, Clerk FROM: Carl P. Littrell - SUBJECT: Approval for Distribution Easement DATE: November 10, 1998 Please submit to the Board of Public Works the attached Distribution Easement to American Electric Power. I favorably recommend this easement, which will be located in Portage Township on Lot No. 92 in Garst's First Addition. The land in question was deeded to the City of South Bend, but is used as a right of way for Sample Street. AEP intends to construct a new distribution line to replace the line in vacated Tutt Street. Upon approval of the easement, please return the documents to the attention of Dennis Foust, American Electric Power, in the self-addressed stamped envelope attached. When he receives the signed document, Mr. Foust will record it. If you have any questions, please let me know. Enclosures c: Michelle Engel