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Home My WebLink About#2707- Deed; GRANT OF TEMPORARY EASEMENT 20 feet off the entire east end of parcel\� Z', N, 0 , (D -- I (D (D C-A - C(D. 3. C) ( 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECK£, MAYOR BOARD OF PUBLIC WORKS October 2, 2001 Robert and Mary Lou Krusinski 21384 U.S. 31 South South Bend, Indiana 46614 RE: Grant of Temporary Easement for Sanitary Sewer and Water Dear Mr. and Mrs. Krusinski: PHONE219/235-9251 FAx 219/235-9171 TDD 219/235-5567 The Board of public Works, at its public agenda session held on June 8, 2001 meeting, approved the Grant of Temporary Easement for Sanitary Sewer and Water. The Grant was recorded with the St. Joseph County Recorder's Office on June 11, 2001. A copy is enclosed for your records. please don't hesitate to call me, if you have questions. Sincerely, a'rV Angelaa . Jacob, Clerk Enclosure Ill PALIC-- GRANT OF TEMPORARY EASEMENT SANITARY SEWER AND WATER ID 1 26435 RECORDED ON 06-11-2001 11:04:50 TERRI J. REMAKE ST. JOSEPH COUNTY RECORDER THIS INDENTURE made this -, day of �, 2001, by and IRMee?EE: 13. 00 Robert A & Mary Lou Krusinski of 21384 U S 31 S, and the Civil Mf�gf Southend, 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 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: The twenty feet (20') off of the entire east end of the parcel identified as Tax Key Number 01-1002-0035.01, 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: 1 Signature Printed Name ;r C I GRANTEE: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary A. Gilot, President Donald E. Inks, Member A CG c-it�� eat,'K� M. Catherine Roemer, Me ber ATTEST: KN A 07-4 V Wftapmmo •- a• 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 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 AcT day of 2001 Joseph County, IN My Commission Expires: STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, allotaryPublic in and for St. Joseph County, Indiana, personally appeared , 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 %9day of A1MI. My Commission Expires: NO d/ g0� 02 007 , 2001. Notary P A resident of St. Joseph County, This Insu-u nent was prepared by: Aladean M. DeRose, Chief Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601.