HomeMy WebLinkAbout#2592- Deed; GRANT OF EASEMENT Sanitary Sewer12)
GRANT Or EASEMENT
SANITARY SEWER 00 tUJZ 23 AVI 10, 05
THIS INDENTURE made this `7 day ofMAW41, 2000, by and between Robert. Ivlyers_,3tzR
and MaryElizabeth Myers (Grantors) and the Civil City of South Bend, Indiana, by: and th-r6iigr:its
Board of Public Works (Grantee), in favor of the Civil City of South Bend, its successors` and
assigns.
WITNESSETI-I:
That for One Dollar ($1.00) and other good and valuable consideration, the receipt ofwhich
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 sanitary sewer system and related facilities, together with the right of
ingress to and egress from said easement for the purpose of installing, constricting, 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 Lot Number Twenty-two (22) as shown on the recorded plat of Hartman
Terrace Subdivision, as recorded in Plat Book 18, Page H, in the records of the St.
Joseph County Recorders Office, being twenty (20) feet wide, found north and
adjacent to an existing tower line easenicnt in favor of American Electric Power
Company (formerly known as Indiana and Michigan Electric Company), with the
centerline of said 20 foot wide easement beginning at a point found 75.0 feet north
of the centerline of said tower line easement of which centerline is found intersecting
the East line of said Lot 22 approximately 165 feet south of the Northeast corner of
said Lot 22; thence proceeding westerly along a line parallel with said tower line
easement to a point of termination on the west line of said Lot 22. Containing 0.04
acres more or less. Subject to all legal highways, easements and restrictions of
record.
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 sanitary sewer system..
The Grantee shall restore that area disturbed by its works to as near the original condition as
possible.
The Grantors reserve the right to use and occupy the surface area on and over the casement
provided that said use and occupancy does not in anyway 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 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 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 sanitary sewer
system on the date shown on the acknowledgment set forth herein.
GRANTORS: GRANTEE:
Robert Myers, Jr.
ol
Mary Elizab h Myers
CITY OF SOUTH BEND
BOARD O
F PUBLIC WORKS .�
therine Roemer, President/
(�oA—
Carl P. Littrell, Member
Donald E. Inks, Member
ATiT ST:
V\.
Angela K.Acob, Clerk
STATE OF INDIANA )
} SS:
ST. JOSEPH COUNTY )
Before nee, the undersigned, a Notary Public in and for St. Joseph County, Indiana,
personally appeared M. Catherine Roemer, Carl Littrell and Donald E. Inks 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_.—, 2000.
, Notary Public
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,, ;T1ldiai;i
personally appeared Robert Myers, Jr. and Mary Elizabeth Myers, the Grantors, and ackgOwi d
the execution of this Grant of Easement as their voluntary act or deed. ;,+. c
WITNESS my hand and Notarial Seal this ���` day of ���� r` , 2000. r t
Notary Public
A resident of St. Joseph County, IN
of hidi2m
My Commission Expires: My Comfnu�icn
This Instrument was prepared by: Michelle Engel, Assistant City Attorney, 1400 County -City
Building, South Bend, IN 46601.
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