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Home My WebLink About#2664- Deed; GRANT OF EASEMENT 60981 US 31 South� 0103� u6 �09g1 ll.S 3/ �Se«f/� � n � �p� �lgl�lCc aLM/J GRANT OF EASEMENTS EXTENSION OF SANITARY,�EWI IR AND SOUTH WATER LINE THIS INDENTURE made this 9day�oJ� a 004, by and between Mark J. Malstaff and Linda E. Malstaff, (Grantors) 60981 U . 31 SOUtl South Bend, IN 46614 and the Civil City of South Bend, Indiana, by and through its Board of ublic Works (Grantee), in favor of the Civil City of South Bend, its successors and assigns. WITNESSETH: That for the following terms and other good and valuable consideration, the receipt of which Grantors hereby acknowledge, Grantors hereby grant, convey, and warrant to Grantee temporary and perm- 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 sewer systems, water line and related facilities, togetherwith 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 St. Joseph County, State of Indiana, briefly described as follows: SEE EXHIBIT "F" AS PART OF OVERALL SCHEME SEE EXHIBIT "A" Grantee hereby agrees to: • Not alter or change any signage that is currently on the property at 60981 U.S. 31 South, South Bend, Indiana. • Grantee agrees not to interfere with Grantors parking of vehicles on the easement after utility construction is completed. • The Grantee agrees that, for a period of five years from the signing of this agreement, the property at 60981 U.S. 31 South, South Bend, Indiana, will be exempt from City annexation and taxation. • The Grantee agrees that any and all construction damage to property will be repaired or replaced by May 1, 2001. • By April 1, 2001, Grantee agrees to put out the bidding for the hook-up of all utilities and services to 60981 U.S. 31 South, South Bend, Indiana and at the discretion of the Grantee shall choose a contractor to do the hook-up and facility work at that address at no cost to Grantor. All work is to be completed and services to be frilly functional to facility no later than May 1, 2001. When City water and sewer services are available to the area encompassing 20047 Kern Road, the City will supply a tap at no charge. The easements 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 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 sewer systems and water line. 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 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 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 lawfiil 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 cxcrc:sc o£ any riLzhts hart;" �"V V tcd- IN WITNESS WHEREOF, Grantors have executed this Grant of Easements for sanitary sewer system and water line on the date shown on the acknowledgment set forth herein. GRANTORS: Mark J. Ma staff GRANTEE: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS *'j Gary A. Gilot, President When City water and sewer services are available to the area encompassing 20047 Kern Road, the City will supply a tap at no charge. The easements 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 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 sewer systems and water line. 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 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 ZD covenants 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 granted. IN WITNESS WHEREOF, Grantors have executed this Grant of Easements for sanitary sewer system and water line on the date shown on the acknowledgment set forth herein. GRANTORS: Le Mark J. Ma staff GRANTEE: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary A. Gilot, President AndE. Malstaff i�.t• `M. C therine Roemer, Mem er D nald E. Inks, Member AT SST: Angela K�-Jacob, Clerk .. ::7 L4 ►�-+ C0LoL4 � p w10 l0 M mtv was °? IS) 0 C 3m � Cri w STATE OF INDIANA ) ST. JOSEPH COUNTY ) SS: 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 acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this Nk fir Y o. rlCC ' �ij"' , Notar}%�blic A resident of St. Joseph County, IN My Commission Expires: H 0 , 0�00? STATE OF INDIANA ) SS: ST. JOSEPH COUNTY } Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared Mark J. Malstaff and Linda E. Malstaff, the Grantors, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. L- WITNESS my hand and Notarial Seal thiv(day of �1lfotary Public.. 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. MARK J. AND LINDA E. MALSTAFF STRIP EASEMENT A Strip of Land in the Southeast Quarter of the Southeast Quarter of Section 35, Township 37 North, Range 2 East in Centre Township, St. Joseph County, Indiana said strip being 20.00 feet in width, tying 20.00 feet westerly of a Line through the parcel described to Mark J. Malstaff and Linda E. Malstaff. in Document No. 9752419 in the Office of the Recorder of St. Joseph County, Indiana, said Line being the East line of said property and more particularly described as follows: Beginning at a point on the Westerly right-of-way fine of U.S. Highway 31 at a point 132 feet North and 3 feet West of the Southeast corner of said Southeast Quarter of Section 35, said point being the northeast corner of said parcel of land, thence South 16 degrees 28 minutes West along the East line of said property, said East line also being the Westerly right-of-way line of U.S. Highway 31, to the south line of said parcel of land. Strip sidelines are lengthened or shortened in order to terminate on the North and South lines of said Mark J. and Linda E. Malstaff Parcel. 0 I i ill �I I � I - �I R I ! --I Z. ----------j L-- rl r f I I! I FT I I I I I I ! I I I I I II I I I I I I I --I I I I Illi� y+,L "N S. L� A rrr� rr rn t r'IIIIIIIIIIIIIIl11 IIIII ��_=� � ��illllllllillllllli LLLLL Ili !' y y a LAWSO ASSOCIATES P, R CITY OF SOUTH SEND lip, o"ULT cm P.C, SOUTH AIDE SANITARY SEWER AND Im — � � �� WATER MAIN EXTENSION PHASE I u 525 V. AA3HrIMTOR AYQIU6 0 9ovP a �91�y16eo1 )M7EASEMENTS TWINSACTION # 010173 8:46 AM 01-24-2001 EA3r # 0103486 RECORDING FEE: 19.00 TOTAL: 19.0g CASH: 20.00 CHANGE: -1.00 THANK YOU TERRI J. RETHLAICE COUNTY RECORDER