HomeMy WebLinkAbout#2596- Deed; GRANT OF EASEMENT Hartman Terrace Sub 305 Reasor�2��'�� �
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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
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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.
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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.
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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