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Home My WebLink About#2731- Deed; UTILITY EASEMENT 53500 Poppy Road��lUv2�c✓ Ai J �F-17-boo i 1316 COUNTY -CITY BUILDING 227 W. JMERSON 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 John J. Byler and Martha M. Byler 53500 Poppy Road South Bend, Indiana 46628 RE: Utility Easement Dear Mr. And Mrs. Byler: PHONE219/235-9251 FAX 2191235-9171 TDD 219/235-5567 The Board of Public Works, at its August 17, 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 September 6, 2001. A copy is enclosed for your records. Please don't hesitate to call me, if you have questions. Sincerely, Angela . Jacob, C1 k Enclosure ENGINEERING ENvmoNwNrAL SERVICES CENTRAL SERVICES CARL LrrTREu, P.E. JOHN J. DILLON, N.D. MATT CHLEBOWSM 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 WORKS JOHN F. STANCAn 219/235-9322 FAX 219/235-9728 UTILFV� EASEMENT THIS indenture, made this i' day of Gr1 ,2001, between John J. Byler and Martha M. Byler, husband and wife, whose addre is 53500 Poppy Road, South Bend, hldiana, 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 (S 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 Exlvbit "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 anv 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 constriction, operation, and maintenance of Grantee's facilities. GRANTEE shall provide one service to the sanitary sewer main with waiver of connection fee for the conncction of one existing dwelling. The service shall be capped at the easement line for connection at a time desired by the Grantor. GRANTEE shall bury sanitary sewer manhole castings and maintain same below the plow line until such time as the easement area is no longer permanently used for agriculture production. 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 2 A IN WITNESS WHEREOF, the said Grantors have executed this instrument this day first written above. g o;'ZI,(Seal) Si gitore Jolui J. Byler A?PP �;''. : f n .,oard of Public (Seal) Signature h; Martha M. Byler Peg STATE OF INDIANA: SS: COUNTY OF ST. JOSEPH Before me, a Notary Public in and for said State and County, personally appeared John J. Byler and Martha M. Byler, 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. la Witness my hand and Notarial Seal this . l day of , 2001. � Printed Name My Commission expires fl L i �� G c I am a resident of "C Q N County. This Instrument Prepared By Abonmarche Consultants of Indiana. This Instrument reviewed, approved and/or revised by tJ4 Lis-7 Attorney at Law Page 2 of 2 EXHIBIT A LEGAL DESCRIPTION: UTILITY EASEMENT PARCEL IA A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 38 NORTH, RANGE I EAST, WARREN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND BEING A PART OF A TRACT OF LAND AS RECORDED UNDER INSTRUMENT NUMBER 8605077 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 SOUTHWEST CORNER OF THE PLAT OF ADAMO ACRES AS RECORDED UNDER INSTRUMENT 7926672 IN THE OFFICE OF RECORDER OF SAID COUNTY, SAID POINT BEING ON THE NORTH -SOUTH CENTERLINE OF SAID SECTION; THENCE SOUTH 89 DEGREES 15 MINUTES 57 SECONDS EAST ALONG THE SOUTH LINE OF SAID PLAT OF ADAMO ACRES, A DISTANCE OF 20 FEET TO THE EAST RIGHT OF WAY LINE OF POPPY ROAD AND THE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ALONG SAID SOUTH LINE, A DISTANCE OF 40 FEET; THENCE SOUTH 0 DEGREES 22 MINUTES 21 SECONDS WEST PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 1314.05 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 17 MINUTES 37 SECONDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF 40 FEET; THENCE NORTH 0 DEGREES 22 MINUTES 21 SECONDS EAST PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 1314.07 FEET TO THE POINT OF BEGINNING. LINE BEARING DATUM IS WITH REFERENCE TO THE BEARING DATUM AS RECORDED UNDER SAID INSTRUMENT NUMBER 8605077. 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. M N C-1 un —q ul `� M ON �y xy m omL4 m pa lu ® cr U; z xa � ax EXNI BI T "B " SHEET OF 1 UTILITY EA SEMEN T PLAT PARCEL: MNE A OWNER: JOHN & ARTHA BYLER WD INSTRUMENT #8695077 P.O. C. I S 89'15'57" E 20' NW CORNER SW 1/4 NE 1/4 SEC 25, T38N, Rl- S. LINE ADAMO ACRES RR SPIKE j / N. LINE SW 1/4 NE 1/4 & SW CORNER ADAMO ACRES / / S P.O.B. 89'15'S7" E 40' w of z cc Lo r-"� N � in �f 40 o Li y LL 0 owuj � N PERMANENT EASEMENT z AREA = 1.207 AC. � z N/ N W z X O� N H x o c� 0 un' i z Of 0 z o / r 0 CENTER SEC 25 T38N, R1E l_ HARRISON MON,�'�S.LINE SW 1 1A NE 1/4 89'17'37" W 40' MATCHED AREA IS THE SCALE: 1 "=100' UTILITY EASEMENT DATE: 08/10/01 DRAWN 8Y. BJW ACQUISITION AREA APPROVED BY.- TAD