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Home My WebLink About#2676- Deed; GRANT OF TEMPORARY EASEMENT NE corner of parcel thence south along the westDe--A�. a0 (4.:�1 �-�-° i n � i� o��-- a �i 4'1�- a•�- �-'n�-- � � � CArr�k:S o�c�. A S -fox a !o pmix YI �_ ��-w� �i ram.• t7 L-S 1316 COUNTY -CITY BUILDING ZZ7 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 Duane O. and Virginia M. Zeiger 6409 Cedar Trail South Bend, Indiana 46614 RE: Grant of Temporary Easement Dear Mr. and Mrs. Zeiger: PHONE219/235-9251 FAX 219/235-9171 TDD 219/235-5567 The Board of Public Works, at its April 19, 2001 meeting, approved the above referred to document. The document was recorded with the St. Joseph County Recorders office on April 20, 2001. Enclosed are copies for your records. Sincerely, % Angela . Jacob,qCle Enclosure ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES CARL Ui, LL, P.E. JOHN J. DILLON, N.D. MATT CHLEBOWSKI 219/235-9251 219/277-8515 219/235-9316 FAX Z19/235-9171 FAX 219/277-8980 FAX 219/235-9007 STREM SAM HENSLEY 219/235-9244 FAX 219/235-9272 WATER WORKS JOHN F. STANCATI 219/235-9322 FAX 219/235-9728 RECORDED ON GRANT OF TEMPORARY EASEMENT 04-20-2001 9:05:28 TERRI J. REMAKE SANITARY SEWER AND WATER ST. JOSEPH COUNTY C RECORDER THIS INDENTURE made this- day of *taTuh , 200l, by and E: 13.00 Duane O. & Virginia M. Zei er of 6409 Cedar Trail., and the Civil City of Southlend, 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 constriction 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: A parcel of land beginning at a point at the NE corner of a parcel identified as Tax Key Number 23-1002-0022, Centre Township, St. Joseph County, Indiana; thence south along the west right-of-way line of US 31 South approximately 30'; thence west perpendicular to the west right-of-way line of US 31 South approximately 30'; thence north parallel to the west right-of-way line of US 31 South approximately 20' to the north property line of said parcel; thence east along the property line of said parcel to the west right-of-way line of US 31 South and the point of beginning. 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, Tndiana. and expressly.; ncl Udes 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 of the 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 a-.ght 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. 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 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: V Signature ti V� 4 I'\ �c� e, LIA Printed Name Address GRANTEE: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS dary A. Gilot, President Donald E. Inks, Member M. Catherine Roemer, Member ATTEST: Angela K. J cob, Clerk STATE OF R+BbkN* ) SS: 5 6�E-PH COUNTY ) Beforeme, theundersigned, allotaryPublic in and for personally appeared Gary A. Gilot, Donald E. Inks, an 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 ? '� day of _�`"-` ` , 2001. My Commission Expires: 1--f0-C�o0F STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) a - `K-' - CZ4:� f,i4,Notary Public A rest ent of , - - — S'iW a729 C"i�7Y,,ic/- M04 ��4eme the undersigned a Notary Public in and for -St. , personally 16 appeare� i`J'V Old Eic 2 , 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 thiay of AP121L , 2001. *d r MY COMMISSION d CC 919987 \ , Notary Public T EXPIRES: March 202; 0 81-407hruNotarypubMUne. ritms A resident o 9 2eCOgW C907Y a,001 ' My Commission Expires: This Instrument was prepared by: AladeanM. Depose, ChiefAssistant City Attorney, 1400 County -City Building, South Bend, IN 46601.