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HomeMy WebLinkAbout#2596- Deed; GRANT OF EASEMENT Hartman Terrace Sub 305 Reasor�2��'�� � -�`�- � �� ��,5 �as�'t- o GRANT OF EASEMENT 3p� S.ANITY SEWER Or:= THIS INDENTURE made this —±&— day of m , 2000, by and betwin Doifaldt E. Schinbeckler and Marlowe E. Schinbeckler (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 ledge, Grantors hereby grant, convey, and warrant to Grantee a pennanent Grantors hereby acknow 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 Sixteen (16) as shown on the recorded plat of Hartman Terrace Subdivision, as recorded in Plat Book IS, Page H, in the records of the St. Joseph County Recorders off ice, being twenty (20) feet wide, found within 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 intersecting the East line of said Lot 16 approximately 182.4 feet south of the Northeast corner of said Lot 16; thence proceeding westerly along a line parallel with the North line of said Lot 16 to a point of termination on the west line of said Lot 16. 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 .DaQrc-Az, of 11-ic Giantvr5, — •1..:= �:.-..... "'.,, `.. ., ... ,... interests to Grantee may desire said air, surface and subsurface rights as and mabove been expressed.accomplish The easement the general purpose of thand carry out is conveyance as the same 1 iana, and expressly includes hereby granted is for the exclusive benefit of the City of South 10 e frod said easement such timber, the right and privilege at reasonable tunes to clean and re in nterfe brush, debris, or other obstnictions irsng with the sanitary sewer system. The Grantee shall restore that area disturbed by its works to as near the original condition as possible. he asernent ` lie Grantors reserve the right to use and occupy the s:n.facerarea obstructo and die over t eees right to provided that said use and occupancy does not in any way conflict o use said surface for the purposes and intentions hereinabove expressed. ;tk 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 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. f Ski WITNESS my hand and Notarial Seal this L_ day of � - 2000. Notary Public A resident of St. Joseph County, IN My Commission Expires: STATE OF INDIANA S S : ST. JOSEPH COUNTY Before me, the undersigned, a Notary Public in and for St. Joseph County, `i131'c�`iana, personally appeared Donald E. Schinbeckler and Marlowe E. Schinbeckler, the Grantors, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this � day of April , 2000. Sandra J Cencelewski , Notary Public A resident of St. Joseph County, IN My Commission Expires: This Instrt►ment was prepared by: Michelle Engel, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. 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 here�ifter 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 hercby" rel--ase any and -all clalims E-o ;, 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 fortli herein. GRANTORS: Donald E. Schinbeckler Marlowe E. Schinbeckler GRANTEE: CITY OP SOUTFI BEND BOARD OF PUBLIC WORKS A( ci'&��&a'L . Catherlhe Roemer, President (2e6 ?' G� Carl P. Littrell, Member Donald L. InKs, J.vicAmUcr Arj ST: Angela K.(J cab, Clerk 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 , CrN OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS June 27, 2000 Mr. Donald Schinbeckier 305 Reasor South Bend, Indiana 46614 RE: Grant of Easement Dear Mr. Schinbeckier: 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, Cleo