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Home My WebLink About#2680- Deed; GRANT OF TEMPORARY EASEMENT 20 ft off entire east end of the parcel-C)J2-� 0 VI" (D u�(---r'W44 \(Z4� o l -� o �,l - )AL," l) , G ) C�)o - -K -)� C,)X er Q� Q,nc� u �3hC), D��- 1316 COUNTY -CITY BUILDING 227 W. JEFFMON BOULEVARD SOUTH BEND, 1NDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS GARY A. GrroT, P.E. DIRECTOR OF PUBLIC WORKS August 28, 2001 Charles J. and Debra B. Nyers 61191 U.S. 31 South South Bend, Indiana 46614 RE: Grant of Temporary Easement Dear Mr. and Mrs. Nyers: 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 t document. The document was recorded with the St. Joseph County Recorders office o 2001. ° n April 20, Enclosed are copies for your records. Sincerely, Angela&Jacob, Clerk Enclosure ENGWEP,RWG ENmoNwNTAL SERVICES CAn Lmnu, P.E. 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. GILOT, P.E. DIRECTOR OF PUBLIC WORKS August 28, 2001 Charles J. and Debra B. Nyers 61191 U.S. 31 South South Bend, Indiana 46614 RE: Grant of Temporary Easement Dear Mr. and Mrs. Nyers: 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, Clerk Enclosure ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES MATT CHLEBOWSKI C,�y LrrrRELL, p,E, JOH219/D277-SS15.D• 219/235-93I6 219/235-9251 FAX 21935-93 6 FAX 219/235-9171 FAX Z19/277-8980 STREETS SAm HENSLEY 219/235-9244 FAX 219/235-9272 WATERWORKS JOHN F. STANCATI 2191235-9322 FAX 219/235-9728 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 BENT] STEPHEN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS GARY A. GiLoT, P.E. DIRECTOR OF PUBLIC WORKS August 28, 2001 Charles J. and Debra B. Nyers 61191 U.S. 31 South South Bend, Indiana 46614 RE: Grant of Temporary Easement Dear Mr. and Mrs. Nyers: 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, AngelaOL'M&b, Clerk Enclosure ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES CARL LrrrRFtL, P.E. JoHN J. DILLON, PH.D. MATT CHLEBOWSKI Z19/235-9251 219/277-8515 Fax 219/23 219/235-93I6 316 FAx 219/235-9171 FAx 219/277-8980 STREETS SAW HENSLEY 219/235-9244 FAx 219/235-9272 WATER WORKS JOHN F. STANCATI 219/235-9322 FAx Z19/235-9728 RECORDED ON GRANT OF TEMPORARY EASEMENT 04-20-2001 9:05:24 TERRI J. REMAKE SANITARY SEWER AND WATER ST. JOSEPH COUNTY ` RECORDER THIS INDENTURE made this lC� d of -M , 2001, by and I E: 13.00 Charles J & Debra B Nyers of 61191 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: That for One Dollar ($1.00) and other 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 twenty feet (20') off of the entire east end of the parcel identified as Tax Key Number 01-1051-1360.01, 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 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. 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. 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: Printed Nar4e _,Z&&' v!� - 3/ Address GRANTEE: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary A. Gilo , President AL'I Donald E. Inks, Member M. Catherine Roemer, Member ATTEST: Angela K. facob, Clerk U STATE OF INDIANA ) } SS: ST. JOSEPH COUNTY ) Before me, the undersigned, allotaryPublic in and for St. Joseph County, Indiana, personally appeared Gary A_ Gilot, Donald E. Inks, and 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 19. a y of , 2001. Notary Public A resident of St. Joseph County, IN My Commission Expires: I-ti0-a ON STATE OF INDL NA ) } SS: ST. JOSEPH COUNTY } Before me, the undersigned, a NotaryPublic in and for St. Joseph County, Indiana, personally appeared C.hcir c� J [7elostit3 /�ili �_known by tree to be , the Grantor, and acknowledged the execution of thA Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this 23 day of ID Ccr , 2001. My Commission Expires: 0 Notary Public A resident of St. Joseph County, IN 1tfNY PHEiAiv. Notary Public A Resident of St. Joseph County, IN My Commission Expires June 22.2007 This Instrument was prepared by: Aladean M. DeRose, ChiefAssistant City Attorney, 1400 County -City Building, South Bend, IN 4 660 1.