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Home My WebLink About#2673- Deed; GRANT OF TEMPORARY EASEMENT 20 ft off entire east end of the parcelC-ly-c'n Lp1 S1 LAt S, Suc AK 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS GARY A. GILOT, P.E. DIRECTOR OF PUBLIC WORKS August 28, 2001 Kevin J. Breen & Ronald Scott White 61281 U.S. 31 South South Bend, Indiana 46614 RE: Grant of Temporary Easement Sanitary Sewer and Water Dear Gentlemen: PHONE2191235-9251 FAX 219/235-9171 TDD Z19/235-5567 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, 04 Angel K. Jacob, C erk Enclosure ENGINF.kRING ENVIRONMENTAL SERVICES CENTRAL SERVICES CARL LITTRELL, P.E. JOHN J. DILLON, PH.D. MATT CHLEBOWSKI 219/235-9251 219/277-8515 2191235-9316 FAX 219/235-9171 FAX 219/277-8980 FAX 219/235-9007 STREETS SAKI HENSLEY 219/235-9244 FAX 219/235-9272 WATER WORKS JOHN F. STANCATI 219/235-9322 FAX 219/235-9728 P-1/1 0/),092,Z, GRANT OF TEMPORARY EASEMENT u �' SANITARY SEWER AND WATER �Cf� THIS INDENTURE made this day of �, 2001, by and -- Kevin J Breen & Ronald Scott White of 61281 U S 31 S. 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: For good and valuable consideration, the receipt of which Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a temporary easement of the nature and at thelocation hereinafter set forth as described for the installation and construction of a sanitary sewer and water system and related facilities, together with the right of ingress to and egress from said easement for the purpose of installing and constructing said system and other equipment or facilities incidental 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: The twenty feet (20') off of the entire east end of the parcel identified as Tax Key Number O1-1051-1367, Centre Township, St. Joseph County, Indiana. The easement 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 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 easement such timber, brush, debris, or other obstructions interfering with installation and construction ofthe sanitary sewer and water systems. The Grantee shall restore that area disturbed by its works to as near the original condition as possible. Specifically, any landscaping or other structures damaged or removed as a result of the construction activity will be repaired or replaced, including driveway approaches and culverts. The drainage ditch will also be re -shaped and sodded. Landscaping, including trees, if replaced, will need to be replaced on your property. A 30' long barrier is to be erected across the front of the property in the general location of the two existing tress, to the north of the entry drive, consisting of either pressure -treated or cedar wood posts anchored in the ground. The posts are to be a minimum 8 inches square (8"), with cross ties that are a minimum 4 inches (4") square. The construction and existence of this barrier is no guarantee that it will be an effective barrier to prevent vehicle traffic, in the event of accidents, from going onto the property. The Grantor reserves the right to use and occupy the surface area on and over the easement 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. F 3 STATE OF INDIANA SS: JOSEPH COUNTY Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared Gary A. Gilot, Donald E. Inks, and M. Catherine Roemer, 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 L clay of I ' l , 2001. A resi ent of St. Joseph County, IN My Commission Expires: Ho-&c, STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Befor me, the un rsigned, allotary Public in and for St. Joseph County, Indiana, personally appeared s �% , known by me to be , the Grantor, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this Y day of , 2001. L( L- otaryP blic A resident of St. Joseph County, IN,44,4V3 My Commission WWLs' TO, Nc'.r^F Puyldc A Resi :snt of Si .kssph Couoty, indiana My coUMVA;w4 Ei,pxw QQL 10, 2007 This Instrument was prepared by: Aladean M. DeRose, ChiefAssistant City Attorney, 1400 County -City Building, South Bend, IN 46601. The easement 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 he/she/they is/are lawfully seized and possessed of the parcel of real estate hereinabove described; that he/she/they hasihave 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 Temporary Easement for a sanitary sewer and a water system on the date shown on the acknowledgment set forth herein. GRANTOR: Si Lure Printed Name L kS c3 / Address GRANTEE: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS & L� S� . A�J_co � Gary A. Gilot, President Donald E. Inks, Member M. Catherine Roemer, Memb r 10 M ts a M Ln c3 n u» ATTEST: N M M4H N to f n w" 0 O fl W� O [77 . W=w �+ re M Angela kPJacob, Clerk o �x w -c r� m