HomeMy WebLinkAbout#2595- Deed; GRANT OF EASEMENT Hartman Terrace Sub 412 Reasor�-�z
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GRANT OF EASEMENT
Dn 5� SANITARY SEWER
THIS INDENTURE made this O d y of�� L ZO00, by and between Terrance M. Taylor
and Ana M. Taylor (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 pennanent
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 Lot Number Twenty (20) as shown on the recorded plat of Hartman Terrace
Subdivision, as recorded in Plat Book 18, Page H, twenty (20) feet wide, found north
and adjacent to an existing tower line easement 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 20 approximately 164.9 feet south of the Northeast corner of
said Lot 20; thence proceeding westerly along a line parallel with said tower line
easement to a point of termination on the west line of said Lot 20. 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 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 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:
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
(ZaLA'C� 41�JA
Terrance M. Ta or 4MC_aat_heRoemer,ine Pres'dent
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e//M. Taylor Carl P. Littrell, Member
Akrit'-Zze" 2Z==
Donaid E. Inks, Member
AT/TEST:
Angela K. Ja6b, Clerk
STATE OF 1NDIANA )
SS:
ST. JOSEPH COUNTY }
Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana,
personally appeared M. Catherine Roemer, Carl LittrelI 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:'
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STATE OF INDIANA
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SS.
S�gH COUNTY
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Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana,
personally appeared Terrance M. Taylor and Ana M. Taylor, the Grantors, and acknowledged the
execution of this Grant of Easement as their voluntary act or deed.
WITNESS my hand and Notarial Seal this-bday of �'�� , 2000.
i ►ckA A . 06oO ,Notary Public
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A resident County, IN
My Coan.mission Expires:
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This Instrument was prepared by: Michelle Engel, Assistant City Attorney, 1400 County -City
Building, South Bend, IN 46601.
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� 1316 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY of SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
June 27, 2000
Mr. Terrance Taylor
423 Reasor
South Bend, Indiana 46614
RE: Grant of Easement
Dear Mr. Taylor:
PHONE219/235-9251
Fax 219/235-9171
TDD 219/235-5567
The Board of Public Works recorded the Grant of Easement with the St. Joseph County
Recorder's Office. A copy is enclosed for your records.
If you have any questions, please call me at (219) 235-9251.
Sincerely,
Angela . acob, Cle
Enclosure