The URL can be used to link to this page

Home My WebLink About#2573- Deed; GRANT OF EASEMENT Sanitary Sewera5�3 � � �'• , yr, 99 OCT 13 Pill 4: 05 f r^ GRANT OF EASEMENTS _ C I. JOSEPN 0n).1PLL•OMM rs SANITARY SEWER 9AT:C' OF 1':`N1P1.a � THIS INDENTURE made this 15 day of 5 eyke,� L.,- r , 1999, by a between i Manta, 704 E. Angela, South Bend, Indiana 46617(Grantor) and the Civil City 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 Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee apermanent 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 sanitary 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: A part of the Northwest %4 of Section 6, Township 37 North, Range 2 East, Portage Township, South Bend, Indiana, described as follows: Commencing at the Northwest comer of the Northwest Quarter of said Section 6, being at the intersection of Pine Road and Edison Road; thence South 00042' 15" East, a distance of 283 feet; thence South 89°59' 16" East, a distance of 20.00 feet to the point of beginning; thence South 00°42' 15" East, a distance of 1303.51 feet to the North right of way line of Ardmore Trail; thence South 80°20'45" East along said line a distance of 20.33 feet; thence North 00°42' 15" West, a distance of 1306.91 feet; thence North 89°59'16" West, a distance of 20.00 feet to the point of beginning. The easement granted herein shall pertain to the air surface and subsurface rights and ,-.r it c C---l-o, 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 ofthe City ofSouth Bend, Indiana, and expressly includes the right and privilege at reasonable times to clean and remove from said easements such timber, brush, debris, or other obstructions interfering with the sanitary sewer system. The Grantor reserves the right to use and occupy the surface area on and over the easements 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 a covenant running with the real estate, and shall be binding upon the Grantor and be an obligation thereof of every person or entity now or hereafter having any fee, leasehold, or other interest in all Dxl -� 99 OCT 13 Psi 05 995095E .., L ' GRANT OF EASEMENTS - iCi�'i S% JOSEPH C';j. !:`,CORDER SANITARY SEWER ` , S'Ft,TE OF khl.�' ,� �� THIS INDENTURE made this IS day of S eg%e�—L,.r^ , 1999, by a�betwegn:Maao, Manta, 704 E. Angela, South Bend, Indiana 46617(Grantor) and the Civil City oouithMd, 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 (S 1.00) and other good and valuable consideration, the receipt of which Grantor hereby acknowledges, Grantorhereby grants, conveys, and warrants to Grantee a permanent easement of the nature and at the location hereinafter set forth sc described for the installation, construction, operation, maintenance, adjustment, replacement, repair, alteration, removal, modernization, and use of a sanitary 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: A part of the Northwest'/4 of Section 6, Township 37 North, Range 2 East, Portage Township, South Bend, Indiana, described as follows: Commencing at the Northwest corner of the Northwest Quarter of said Section 6, being at the intersection of Pine Road and Edison Road; thence South 00°42' 15" East, a distance of 283 feet; thence South 89°59'16" East, a distance of 20.00 feet to the point of beginning; thence South 00'42' 15" East, a distance of 1303.51 feet to the North right of way line of Ardmore Trail; thence South 80°20'45" East along said line a distance of 20.33 feet; thence North 00°42'15" West, a distance of 1306.91 feet; thence North 89°59'16" West, a distance of 20.00 feet to the point of beginning - The easement granted herein shall pertain to the air surface and subsurface rights and _ -- -- c!" —C �1 e G—Aea, 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 easements such timber, brush, debris, or other obstructions interfering with the sanitary sewer system. The Grantor reserves the right to use and occupy the surface area on and over the easements provided that said use and occupancy does not in any way conflict or obstnict 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 a covenant running with the real estate, and shall be binding upon. the Grantor and be an obligation thereof of every person or entity now or hereafter having any fee, leasehold, or other interest in all Y�- 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 Grantor hereby covenants with the City of South Bend that he is lawfully seized and possessed of the parcel of real estate hereinabove described; that he has good and lawful right to convey and that the property is free of all encumbrances that would conflict with the right herein granted; The Grantor hereby releases any and all claims from whatsoever cause, incidental to the exercise of any rights herein granted. TN WITNESS WHEREOF, Grantor has executed this Grant of Easement for s,111itgry sewer system on the date shown on the acknowledgment set forth herein. GRANTOR: GRANTEE: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS 4'6anies R. aldwell, Presi ent Lewis N. Powell, Member 1 C thcrsnc ROcr11EP, MC171 CI ATT • �'. (tlerk STATE OF INDIANA } ST. JOSEPH 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. WITNESS my hand and Notarial Seal this day of N/ 1999. Notary Public A resident of St. Joseph County, IN F More me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, .trycappcared' ;� y12l1/1?d known by me to be Mario Manta, the Grantor, and e}iged the execution of this Grant of Easement as their voluntary act or deed. ee 4�• a. I TESS my hand and Notarial Seal this D day of =1 1999. No'taA resident of St. Joscph COUIy, `rNic My Commission Expires: This Instrument was prepared by: Michelle Engel, Assistant City Attorney, 1400 Count Building, South Bend, IN 46601. County -City SCALE: 1 "-200' 20 in 151 Exh Ib i t A PARCEc NO. I NORTHWEST CORNER PROJECT NO, 9903-102a OF THE NORTHWEST y COUNTY ST. 10SEPH OF SECTION 6 SECTION: 6 T 37N., R.2E. TOWNSHIP. 37N RANGE. 2E � OWNERS• MARIO MANTA DEED RECORD: 9816049 4-3-98 ` DRAWN 8Y.• O.N.M. CHECKED B Y.• R. TN. TOTAL AREA= 21.24 Ac. R/W EXISTING= 1.48 Ac. NET TOTAL AREA= 1976 Ac. COMPUTED BY KEN HFRCFG & ASSOC., INC. ROGER T. NA WRO T INDIANA LAND SURVEYOR # ENL 890005 APPROXIMA TE EASEMENT 77NG R � ,��s� n ii �•- tT ,� �� 4� sr No. * ' ENL 0005 STATE OF SUM KEN HERCEG & AssocTAms, INc. ENGINEERS, ARCHITECTS I LAND SURVEYORS 2" W. Waahlnpton Street, Sul[a 21O0, South Band. Indlam 488ot Ph-W (210) 288-4680 Fax ") 288-Mea SJSosss