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Home My WebLink About#2724- Deed; UTILITY EASEMENT Poppy Road US 20lyll3-01 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CM OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS GARY A. GILOT, P.E. DIRECTOR OF PUBLIC WORKS January 10, 2002 Carl T. Scholl and Debra Anne Scholl 53555 Poppy Road South Bend, Indiana 46628 RE: Utility Easement Dear Mr. And Mrs. Scholl: PHONE219/235-9251 FAX 2191235-9171 TDD 219/235-5567 The Board of Public Works, at its August 13, 2001 meeting, approved the Utility Easement for Sanitary Sewer and Water. This Utility Easement was recorded with the St. Joseph County Recorder's Office on August 27, 2001. A copy is enclosed for your records. Please don't hesitate to call me, if you have questions. Sincerely, "elJacob, Clerk Enclosure ENGWEERING EwvmoNMENTAL SERvicm CENTRAL SERVICES CARL LrrlxEu, P.E. JOHN J. DILLON, PH.D. MATT CHLEBOwsKI 219/235.9251 219/277-8515 219/235-9316 FAx 219/235-9171 FAX 2191277-8980 FAX 219/235-9007 STREETS SAM HENSLEY 219/235-9244 FAX 219/235-9272 WATER WORKS JOHN F. STANCAn 219/235-9322 FAX 219/235-9728 P_PF7(_V_P(k M j rD 1 4�_:>3Cz>7 UTILITY EASEMENT RECORDED ON 08-27-2001 3:46:56 TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER FEE: 15.00 ES: 4 THIS indenture, made this.20 day of 16v 7 ,2001, 1 T. Scholl and mP Debra Anne Scholl, husband and wife, whose address is , South Bend, Indiana, hereinafter called "Grantor", and City of South Bend, Indiana, whose address is 1300 County -City Building, South Bend, Indiana, hereinafter called "Grantee". WITNESSETH: That for ONE ($1.00) DOLLAR and other good and valuable considerations, in hand paid the receipt of which is hereby acknowledged, Grantor does hereby grant and convey to Grantee a right-of-way and easement for the construction, operation, use, maintenance, repair, renewal, and removal of a sanitary sewer line including the right to permit attachments of others to said facilities, in, on, along, under, across, and through the following premises as described in the legal description attached hereto as Exhibit "A" and depicted upon the Utility Easement Plat attached hereto as Exhibit "B", both of which exhibits are incorporated herein by reference. TOGETHER with the right of ingress and egress to, from, and over said Premises, and also the right to cut or trim any trees and bushes, which may endanger the safety or interfere with the construction and use of said facilities. GRANTEE shall promptly repair or replace all physical damage on the Premises proximately caused by the construction, operation, and maintenance of Grantee's facilities. GRANTEE shall provide one service to the sanitary sewer main with waiver of connection fee for the connection of one existing dwelling. The service shall be capped at the easement line for connection at a time desired by the Grantor. GRANTOR warrants that no structure or building shall be erected upon said easement. AFTER the completion of said system, the Grantor reserves the full use of the land which is not inconsistent with the existence and maintenance of said facilities, but does agree not to change elevation or grade within the area of said easement without prior written consent of Grantee. IT is agreed that the foregoing is the entire contract between the parties hereto and that this written agreement is complete in all its terms and provisions and shall be binding on their respective representative, heirs, successors, and assigns. Page 1 of C_-7� IN WITNESS WHEREOF, the said Grantors have executed this instnirnent this day f!py wrritttt�e-n- v (Seal) Signature Carl T. Scholl Signature (Seal) Debra Anne Scholl STATE OF INDIANA: SS: COUNTY OF ST. JOSEPH Before me, a Notary Public in and for said State and County, personally appeared Carl T. Scholl and Debra Anne Scholl, Grantor in the above conveyance, and acknowledged the execution of the same on the date aforesaid to be their voluntary act and deed and who, being duly sworn, stated that any representations contained therein are true. Witness zny hand and Notarial Seal this C5 0Pi dayof v US' , 2001. Printed Name SEAL i �•• " .. My Colninission expires c C7 I am a resident of o County. This Instrument Prepared By Abonmarche Consultants of Indiana. This Instrument reviewed, approved and/or revised by Attorney at Law Page 2 of 2 EXHIBIT A LEGAL DESCRIPTION: UTILITY EASEMENT PARCEL 1 A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 38 NORTH, RANGE 1 EAST, WARREN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND BEING THAT PART OF A TRACT OF LAND AS RECORDED UNDER INSTRUMENT NUMBER 9209241 IN THE OFFICE OF RECORDER OF SAID COUNTY AND AS DEPICTED ON THE ATTACHED UTILITY EASEMENT PLAT, MARKED EXHIBIT "B", MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE WEST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 20 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF POPPY ROAD; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE 171.5 FEET, MORE OR LESS, TO THE POINT OF BEGINNING WHICH POINT BEING NORTH 89.3 FEET FROM THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF LINCOLN TRAIL (U.S. HIGHWAY 20) WITH THE WEST RIGHT OF WAY LINE OF SAID POPPY ROAD; THENCE CONTINUING SOUTH, A DISTANCE OF 89.3 FEET TO THE INTERSECTION OF SAID RIGHT OF WAY LINES; THENCE NORTHWESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID LINCOLN TRAIL, A DISTANCE OF 60.6 FEET; THENCE NORTHEASTERLY, A DISTANCE OF 88.5 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. DESCRIPTION HEREIN WAS PREPARED FOR THE CITY OF SOUTH BEND BY THOMAS A. OESTERLING, INDIANA REGISTERED LAND SURVEYOR, LICENSE NUMBER 11462, EMPLOYED BY ABONMARCHE CONSULTANTS OF INDIANA, L.L.C., ON THE 9T" DAY OF AUGUST 2001. wil rnx a1714.73-Y1 i 1 I%X Z19/L7%-tS9t3U JAx 219/235-9007 FAx 219/235-9272 FAx 219/235-9728 1� �°B„ v TILI TY EXHIBIT EA SEMEN T Pt A T PARCEL: ONE OWNER: CARL & DEBRA SCH 'VD INSTRUMENT #9209241 ALL LINE NE 1/4 SW I 1 I I ~-1 _/4 SEC 25, T38N, R1 E I I I l 1 20' R/W OFF 1 CA EXISTING ROAD I ! P.0,C. AS OCCUPIED I CENTER SEC 25 I I I I I 20' R/W OFF I I ! I l 1/4 SECTfON LINE I I 1 1 f I f f d l !cnco I I I 1w 1 1r� DWELLING I f I f I Ico lul Icv to Iv � O I VW1 � I�r P.O.B. GROSS AREA LOT= 0.96 AC PERMANENT EASEMENT I -- AREA= 0.056 AC l Iz N I IILd PERMANENT I� I EASEMENT �� —'moo ) 1 j R/ GoIf �w I I 1 I I 60. 6' I ! S 20 SHEET 1 OF y I HA TCHED AREA is THE UTILITY EASEMENT ACQUISITION AREA SCALE 1 "=40' DA TE. 08170101 DRAWN BY.. 8JW APPROVED gY• TAD WATER WORKS nn......._ JOHN R STANCA7 219/235-9251 _ 219/235-9322 FAx 219/235-9171 FAX 219/277-8980 _ Ax 219/235-9728