HomeMy WebLinkAbout#2590- Deed; GRANT OF UTILITY EASEMENT Pertaining to air surface and subsurface rightsrUct')
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GRANT OF UTILITY EASEMENT
THIS INDENTURE made this ?`'day of 36 1999, by and between Teacher's Credit
Union (Grantor) 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
Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants 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 ofa storm sewer'system, sanitary sewer system, water services, 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
systems 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:
Commencing at the northwest corner of Lot 36 in the Original Town of South Bend as
shown in the Office of the Recorder of St. Joseph County, Indiana as Book 1, Page 2;
thence south 132 feet to the southwest corner of Lot 35 in said subdivision, also being the
point of beginning; thence north 15 feet along the west lot line of said Lot 35; thence east
179 feet to the east lot line of said Lot 35; thence south 15 feet to the southeast corner of
said Lot 35; thence west 179 feet to the place of beginning.
The easement granted herein shall pertain to the air surface and subsurface rights and interests of
the Grantor, 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 above -referenced utility systems.
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 Grantor reserves 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 Grantor and be an
obligation thereof of every person or entity now or hereafter having any fee, leasehold, or other
110 Z�6C
>r 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 and sanitary sewer system, water system, and related facilities.
Pursuant to I.C. 32-5-2-2(a), the original recorded plat (or if no plat for the respective
parcel is recorded, the most recent deed of record) is:
For easement and servient parcel: the Original Town of South Bend Book 1, Page 2
recorded on March 28, 1831 in the office of the Recorder of St. Joseph County, Indiana.
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 the storm
and sanitary sewer system, the water system, and related facilities on the date shown on the
acknowledgment set forth herein.
GRANTOR:
TEACHER'S CREDIT UNION
By: �,,� i -
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Title:
GRANTEE:
CITY OF SOUTH BEND
7RA
I W S
4amesl, President
Lewis N. Powell, Member
M. Catherine Roemer, Me ber
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ATTEST:
gel . Jacob, 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 thisa:�/day of &,
My Commission Expires:
ij`� j6*
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY )
1LS1]
l,4orary
A resident of St. Joseph County.
Before me, the undersi ed, a Notary Public in and for St. Joseph County, Indiana,
personally appeared L-Vk s i.UTf ,_ c 9E n , 'I ec l'iC>lD , of Teacher's Credit
Union, the Grantor, and cknowledged the execution of this Grant of Easement as its voluntary
act or deed.
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WITNESS my hand and Notarial Seal this,.2 day of�, ', 1999. fir'
My Commission Expires: ```" Z,
` , Notary Public
A resident of St. Joseph County, IN
I,{tANK A ANTONOVM
i< OTARY PUBLIC STA - OF INDIANA
ST. JOSEPH COUNTY
This Instrument was prepared by: John E. Broden, City Attorney, 1400 County -City .IA1iI WItNdjV *fiB114AOB
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