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HomeMy WebLinkAbout#2674- Deed; GRANT OF TEMPORARY EASEMENT 10 ft off entire east end of the parcelG-1 co-4 �i331 �.S, &,nA } k �� u t -- to 5 I -- M C) zrC1 G12nt�t e_8 eC C',� a S' I 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE219/235-9251 FAx 219/235-9171 TDD 219/235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS GARY A. G1LOT, P.E. DIRECTOR OF PUBLIC WORKS August 28, 2001 Paul A. and Rose Totten 61331 U.S. 31 South South Bend, Indiana 46614 RE: Grant of Easement Dear Mr. and Mrs. Totten: The Board of Public Works, at its May 14, 2001 meeting, approved the above referred to document. The document was recorded with the St. Joseph County Recorders office on May 17, 2001. Enclosed are copies for your records. Angela K. Jacob, Clerk Enclosure ENGINEERING ENVIRONMENTAL SERVICES CENTRAL. SERVICES CART, LITIRELL, P.E. JOHN J. DILLON, PH.D. MATT CHLEBOWSKI 219/235-9251 219/277-8515 219/235-9316 FAx Z19/235-9171 FAx 219/277-8980 FAx 219/235-9007 STREETS SW HENSLEY 219/235-9244 Fax 219/235-9272 WATER WORKS JOHN F. STANCATI 219/235-9322 Fax 219/23S-9728 04 P 1-c- GgpNT Or' ORARY EASEMENT SANITARY SEWER AND WATER �1-a1974 RECORDED ON' 05-17-2001 8;19r27 TERRI J. REMAKE ST. JOSEPH COUNTY RECORDER REG. FEE: 15.00 PAGES: 4 THIS INDENTURE made this day of March , 2001, by and between Paul A &Rose Totten of 61331 U S 31 S, and the Civil City of South Bend, Indiana, by and through its Board of Public Works (Grantee),' 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, a temorary easement of e nature and at Grantor hereby grants, conveys, and warrants to Grantee anel construction of a sanitary sewer the location hereinafter set forth as described for the installation and water system and related facilities, together with the right of ingress to and egress from said ment or f easement for the purpose of es installing and constructing said system and described realestateinher the City of Saciouth incidental thereto, iouupon, iP° State of Indianover and da,rthe following briefly described as follows: Bend, St. Joseph County, The twenty feet (20') off of the entire east end of the parcel identified as Tax Key Number 01-1051-1370, Centre Township, St. Joseph County, Indiana. The easement granted herein shall pertain to the air ilto therface anaturend bandf extent hat the ace rights and interests of the Grantor, for the use and benefit of theGranteeish and carry out Grantee may desire said air, surface and subsurnabove been expresseinterests to ld The easement the general purpose of this conveyance as the same has here expressly hereby granted is for the exclusive benefit of the Clan andof outh remove fromdsaid,easement such timbers the right and privilege at reasonable times to clean brush, debris, or other obstructions interfering with installation and construction of the sanitary sewer and water systems. The Grantee shall restore that area disturbed by its works to as near the original condition as f the possible. Specifically, any landscaping or other d structures damagedriveway approachesor dand culverts The construction activity will be repaired or replaced including ill also be re -shaped and sodded. Landscaping, including trees, if replaced, will drainage ditch w need to be replaced on your property. sement The Grantor reserves the htdoes not use d anyway conflict or obstruct the Grantee'soccupy the surface area on and over the to provided that said use and occupancy use said surface for the purposes and intentions hereinabove expressed. 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. GRANT OF TEMPORARY EASEMENT SANITARY SEWER AND WATER THIS IlVDENTURE made this day of March , 2001, by and between Paul A & Rose Totten of 61341 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 the location 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 ten feet (10') off of the entire east end of the parcel identified as Tax Key Number 01- 1051-1369, 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. 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. 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. i and inure to the benefit of the respective successors and assigns of r. -. 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 has/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 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: Signature Printed Name 41 '3 (U S, �5 ° Address 9 _ 1-56 GRANTEE: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS V' Gary A. Gilot, President Donald E. Inks, Member AM.Caterine Roemer, Memb r ATTEST: J- / v vo- 4 E � 5-�- Angela K. cob, Clerk STATE OF INDIANA ) SS: ST JOSBPH 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 L4'd"1a- y of , 2001. My Commission Expires: STATE OF INDIANA } SS: ST. JGSEPH COUNTY } Before me, the undersigned, a NotaryPublic in and for St. Joseph County, Indiana, personally appeared Bjcj A To fie ,known by me to be art c c-(. L} T ff kL , th ragtor, and acknowledged the execution of this Grant of Easement as their voluntary act ore - WITNESS _ ,, , :•r s »:. t:�. hand and Notarial Seal this i o�('�y of DOz`:ti• =� s..,f'•,...--� Notary Public' A resident of St. Joseph County, IN ,,IOYCE GERARD, Notary Public A Resident of St Joseph County, IN My Commission Expires: My Commission Expires October 12, 2008 ` ) i} I - a- oe' This Instrument was prepared by: Aladean M. DeRose, ChiefAssistant City Attorney, 1400 County -City Building, South Bend, IN 46601, FAX Z19/d.SJ-7Ai1 L'AA -1—, .......