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Home My WebLink About#2657- Deed; GRANT OF EASEMENT WATER Sewer,Water - South SideIr _ 60045 !�� v YA aA-, ' R,L-6 I LLCM at�S� 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECK£, MAYOR BOARD OF PUBLIC WORKS March 29, 2001 RLB 1,LLC 61045 South Main South Bend, Indiana 46614 RE: Grant of Easements Dear Gentlemen: PHONE219/235-9251 FAx 219/235-9171 TDD 219/235-5567 The Board of public Works, at its December 11, 2000 meeting, approved the above referred to document. The document was recorded with the St. Joseph County Recorders office on December 20, 2000. Enclosed are copies for your records. Sincerely, Angel Cle Enclosure GRANT OF EASEMENTS EXTENSION OF SANITARY SEWER AND SOUTH SIDE WATER LINE THIS INDENTURE made this �, day of ke.—A-1, 2000, by and between RLB 1 LLC. (Grantor) 61045 South Main, South Bend, IN 46614 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 temporary and pen;anent easements 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 sanitary sewer system, water line 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: SEE EXHIBIT "D" AS PART OF OVERALL SCHEME SEE EXHIBIT "A" The easements 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 easements hereby granted are for the exclusive benefit of the City of South Bend, Indiana, and expressly include the right and privilege at reasonable times to clean and remove from said easements such timber, brush, debris, or other obstructions interfering with the sanitary sewer system and water line. The Grantee shall restore that area disturbed by its works to as near the original condition as possible. The Grantor reserves the right to use and occupy the surface area on and over the easements 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 easements 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 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 Grantor hereby covenants with the City of South Bend that it is lawfully seized and possessed of the parcel of real estate hereinabove described; that it has good and lawful right to convey and that the property is free of all encumbrances that would conflict with the right herein granted. The Grantor hereby releases any and all claims from whatsoever cause, incidental to the exercise of any rights herein granted. IN WITNESS WHEREOF, Grantor has executed this Grant of Easements for sanitary sewer system and water line on the date shown on the acknowledgment set forth herein. GRANTOR: RLB 1, LLC. GRANTEE: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary A. Gilot, President /1-11 1 LLtW��'( atherine Roemer, Me . ber 1 Donald E. Inks, Member AT ST: Angela KOacob, Cle CrJ :;V C-4 F-+ N [� 0m, @ :;a Z+'b C1 Ln 1 tj xm a �+ V dos S 10 0 @ cr �- z a �-• -3 x *c to m STATE OF 1NDIANA ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared Gary A. Gilot, M. Catherine Roemer, 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 acluiowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this f / day ofP�-"'l-46`3 2000. Notary Public A resident of St. Joseph County, IN My Commission Expires: /-(0 Gov? STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared P-, known by me to be �kPf'A �, the Grantor, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this 0ay of 4-(V�VA 2000. 1. otary Public: I- A resident of St. Joseph County IN My Commission Expires: This Instrument was prepared by: Frank E. Schaffer, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. PYRAMID PROPERTIES, INC. STRIP EASEMENT A Strip of Land in the Northeast Quarter of the Northeast Quarter of Section 2, Township 36 North, Range 2 East in Centre Township, St. Joseph County, Indiana said strip being 20.00 feet in width, lying 20.00 feet westerly of a Line through the parcel described to Pyramid Properties, Inc. in Document No. 9747488 in the Office of the Recorder of St. Joseph County, Indiana, said Line being the East l e o say property and more particularly described as follows: Beginning at the Northeast corner of said parcel of land, said corner being on the West right-of- way line of the Michigan Road (also known as U.S. Highway 31) as existed on January 22, 1942 and the South right-of-way line of Kern Road, thence Southwesterly along the East line of said parcel of land and said West right-of-way line of the Michigan Road, a distance of 308.7 feet to the Southeast corner of said parcel of land. Strip sidelines are lengthened or shortened in order to terminate on the North and South lines of said Pyramid Properties, Inc. Parcel. IXI --------! - Intoo I g I II I € I i --J I I ius[�rrr r r - i 1 FFTd—r— lillll� f i I 111 1 11 Ili p 4 e v. LAWSON—FISHER CITY OF SOUTH BEND ASSOCIATES P.C. SOUTH SIDE SANITARY SEWER AND CONSULTING ENGINEERS WATER MAIN EXTENSION PHASE I 1 r.+ 625 W. XASHINOTON AVENUE 1961.30UTH SE Iz , INDIAN ieti 6601 EASEMENTS I indexeg