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UTILITY EASEMENT
(D 1 423CS, C j..Yd
RECORDED ON Lj�. 14
08-27-2001 3:46:55
TERRY J. REMAKE
ST. JOSEPH COUNTY
RECORDER
REC. FEE: 15.00
fi4 PAGES: 4
THIS indenture, made this Zd day of A dGasT ,2001, between Gary Held, whose
address is 53550 Poppy Road, 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 terns and provisions and shall be binding on their
respective representative, heirs, successors, and assigns.
Page 1 of 2
IN WITNESS WHEREOF, the said Grantor has executed this instrument this day
first w 'tten above.
X; {Seal}
SignaturvJ
Gary Held
STATE OF INDIANA-.
SS:
COUNTY OF ST. JOSEPH
30ard of Public
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Before me, a Notary Public in and for said. State and County, personally appeared
Gary Held, 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.
IT
Witness my hand and Notarial Seal this ,-�20 day of a v�
52001.
Printed Name
My Commission expires _69j; oS2 a 0 %
I am a resident of ST. _-305 r:�' 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 2A
A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 25,
TOWNSHIP 38 NORTH, RANGE 1 EAST, WARREN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA,
AND BEING A PART OF A TRACT LAND AS RECORDED UNDER INSTRUMENT NUMBER
9747149 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 NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE
EAST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 20 FEET
TO THE EAST RIGHT OF WAY LINE OF POPPY ROAD AND THE POINT OF BEGINNING;
THENCE CONTINUING EAST ALONG SAID NORTH LINE, A DISTANCE OF 30 FEET; THENCE
SOUTH PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER, A DISTANCE OF 100 FEET TO A POINT ON THE SOUTH LINE OF SAID
TRACT OF LAND AS RECORDED UNDER INSTRUMENT NUMBER 9747149; THENCE WEST
ALONG SAID SOUTH LINE, A DISTANCE OF 30 FEET; THENCE NORTH PARALLEL WITH THE
WEST LINE OF SAID QUARTER QUARTER SECTION, A DISTANCE OF 100 FEET 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 9TH DAY OF
AUGUST 2001.
EXHI B1 T "B "
UTILITY EASEMENT PLAT
PARCEL: TWO A
OWNER: GARY HELD
WD INSTRUMENT #9747149
GROSS AREA= 0.505 ACRE
PERMANMENT EASEMENT
P.O.C. AREA = 0.067 ACRE
NW COR. SE 1 /4 SEC 25
T38N, R1E /� O.B.
HARRISON MONUMENT _ f
30'
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HATCHED AREA IS THE SCALE: 1 "=20'
UTILITY EASEMENT DRAWN BJW
ACQUISITION AREA DATE: 08/10/01 APPROVEEDD BY: TAO AO
1316 COUNTY -CITY BUILDING
227 W. JEEFERSON 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
January 10, 2002
Mr. Gary Held
53550 Poppy Road
South Bend, Indiana 46628
RE: Utility Easement
Dear Mr. Held:
PHONE219/235-9251
FAX 219/235-9171
TDD 219/235-5567
The Board of Public Works, at its August 20, 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,
C� C
Angela .Jacob, C1�
Enclosure
ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES
CARL LrrrRELL, P.E. JOHN J. DILLON, PH.D. MATT CHLEBOWSKI
219/235-9251 219/277-8515 219/235-9316
FAX 219/235-9171 FAX 219/277-8980 FAx 219/235-9007
STREETS
SAM HENSLEY
219/235-9244
Fax 219/235-9272
WATER Wow
JOHN F. STANCATI
219/235-9322
FAX 219/235-9728