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Home My WebLink About#2672- Deed; GRANT OF EASEMENT Beginning on the West line of U.S. 31 South locate-DeLd--�-Ca 1316 COUNTY -CITY BUILDING 227 W. JEFFER50N BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LuECKE, MAYOR DEPARTMENT OF PUBLIC WORKS GARY A. GILOT, P.E. DiREcrOR OF PUBLIC WORKS August 28, 2001 Omar and Cynthia Oudghiri 61087 U.S. 31 South South Bend, Indiana 46614 RE: Grant of Easement Dear Mr. and Mrs. Oudghiri: NONE 219/235-9251 Fax 219/235-9171 TDD 219/235-5567 The Board of Public Works, at its May 10, 2001 meeting, approved the above referred to document. The document was recorded with the St. Joseph County Recorders office on May 11, 2001. Enclosed are copies for your records. Sincerely, ggeylaJacob' Cle Enclosure ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES CARL LiITRELL, P.E. JOHN J. DILLON, PH.D. MATT CHLEBOWSKI 219/235-9251 219/277-8515 219/235-9316 FAx 219/235-9171 FAx 219/277-8980 FAx 219/235-9007 STREETS SAId HENSLEY 219/235-9244 FAx 219/235-9272 WATER WORKS JoHN F. STANcATI 219/235-9322 FAx 219/235-9728 PPP'PPPP 0 1 zO924 RECORDED ON GRANT OF EASEMENT 05-11--2001 10:13:12 TERRI J. RETHLAKE SANITARY SEWER ST. JOSEPH COUNTY 41, RECORDER THIS INDENTURE made this j� day of , 2 00 1, bflhgeeeen3a6rc41 Oudghiri and Cynthia Oudghiri, 61087 U.S. 31 South, South Bend, Indiana, 46 4, (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 permanent 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 Strip of Land lying West of the U.S 31 South in the North Half of the Northeast Quarter in Section 2, Township 36 North, Range 2 East in Centre Township, St. Joseph County, Indiana, said strip being twenty (20.00) feet in width, lying 20.00 feet westerly of a Line through the parcel described to Omar and Cynthia Oudghiri in Transfer Document No. 4698, dated July 6, 1999, in the Office of the Centre Township Assessor 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 West Line of the U.S. 31 South located 330 feet south of the centerline of Kern Road, said point being the northeast corner of said parcel of land, thence continuing south 104.2 feet along said West Line of the U.S. 31 South, said West Line also being the east line of said property, to the south line of said property. Strip sidelines are lengthened or shortened in order to terminate on the North and South lines of said Omar and Cynthia Oudghiri Parcel. Tax Key # 01-1051- 1355 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 easements such timber, brush, debris, or other obstructions interfering with the sanitary sewer system. 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 I 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 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 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: Omar Oudghiri 61087 U.S. 31 South Yl C thia Oudghiri GRANTEE: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary A. Gilot, President M. Catherine Roemer, mber Donald E. Inks, Member ATT: Clerk 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. f /-)M- WITNESS my hand and Notarial Seal this ram/ day of _ `�-, 2001. }• Notary Pub A resident of St.ose h County IN P �.cr, r.•;,l! My Commission Expires: STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared Omar Oudghiri and Cynthia Oudghiri, known by me to be the Grantors, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this (�a day of , 2001. Ot 0zu K. 5,ekeS otary Pu A resident of St. Joseph County, My Commission Expires: )--lo cwa This Instrument was prepared by: Frank E. Schaffer, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601.