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Home My WebLink About#2833- Deed; GRANT OF PERMANENT EASEMENT Sewer & Water�r 3 Grant of Permznent Easement - Key #23-1017-0340.33 south right-of-way line of Johnson Road and east right-of- way line of Main Stret. �d v-CA b� I -1h (101- Ar-Ks Z893 GRANT OF PERMANENT EASEMENT SANITARY SEWER AND WATER SYST MS �0 ' THIS INDENTURE made this � day o f , 2002, by and between ;ph County Farm Bureau. Inc. of 5605 US 31 South. South Bend, IN (Grantor), 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: Grantor is the fee owner of the following described real estate: A parcel of land located in the West''/z of the Northwest 1/4 of Section 36, Township 37 North, Range 2 East, Center Township, City of South Bend, St. Joseph County, Indiana, and described as follows: Commencing at the intersection of the South right of way line of Johnson Road and the East right of way line of Main Street; thence South along said East line of Main Street, 136.88 feet to the North line of Lot 38, Ritters Dixie Gardens Subdivision (unrecorded) and the place of beginning; thence continuing South along said East line of Main Street, 100 feet; thence East along the South line of said Lot 38 and Lot 31 (and parallel with said South line of Johnson Road), 319.40 feet to the West right of way line of US 31 South; thence North along said West line of US 31 South, 100.17 feet to the North line of said Lot 31; thence West along said North line of Lot 31 and Lot 38, 326.75 feet to the East line of Main Street and the place of beginning. Containing 0.742 acres, more or less and being commonly known as 5605 US 31 South, Tax Key #23-1017-0340.33. Property Address: 5605 US 31 South, South Bend, Indiana NOW, THEREFORE, for good and valuable consideration, the receipt of which Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a permanent easement on a portion of the above described fee realty of the -nature and at the specific location hereinafter set forth and described below, 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. The property subject to the subject easement as to which Grantee shall have full rights in, upon, over and under, is located in the City of South Bend, St. Joseph County, State of Indiana, and is described more particularly as follows: A strip of land located in the West'/2 of the Northwest 1/4 of Section 36, Township 37 North, Range 2 East, Center Township, City of South Bend, St. Joseph County, Indiana, and described as follows: Beginning at the Southwest corner of Lot 38, Ritters Dixie Gardens Subdivision (unrecorded); thence East along the South line of said Lot 38 and Lot 31, 170.0 feet; thence North parallel with the East line of Main Street, 10.0 feet; thence West, parallel with the South right of way line of Johnson Road, 170 feet, more or less, to the East right of way line of Main Street; thence South 10.0 feet to the place of beginning. 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. Specifically, any landscaping or other structures damaged or removed as a result of the construction activity will be repaired or replaced, including driveway approaches and culverts. Furthermore, the easement granted herein is subject to two conditions: 1) The new fire hydrant that is to be placed within the easement is to be placed in such a manner as to retain all established parking spaces so that no existing and delineated parking space (presently 47 spaces) will be lost; 2) that any damage to the existing asphalt parking area due to the construction and maintenance of the sewer and water lines, and the placement and maintenance of the fire hydrant, will be repaired in a timely manner to then existing conditions at the expense of the City of South Bend. This second condition does not commit the City of South Bend to be responsible for maintenance or repairs to the parking area due to normal wear and tear not directly related to the maintenance of the public utilities. The Grantor reserves the right to use and occupy the surface area on and over the cy does not in any way conflict or obstruct the easement provided that said use and occupan 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 in perpetuity 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 the Grantee from any and all claims of whatsoever cause, incidental to the exercise of any rights herein granted. IN WITNESS WHEREOF, Grantor has executed this Grant of Permanent Easement for a sanitary sewer and a water system on the date shown on the acknowledgment set forth herein. GRANTOR: gnature cLm e "�' j, Printed Name Address Lam, L`P• GRANTEE: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary A. Gilot, President Donald E. Inks, Member 6" V !� � - Carl Littrell, Member ATT ST: Angela K. Jac , Clerk V a V � N tri � n 67 N a M H 0 LD CAS ,L+ PPF, STATE OF INDLANA ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared Gary A. Gilot, Donald E, Inks and Carl Littrell, 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 /_ day of, Notary'' A resident of St. Joseph County, IN My Commission Expires: STATE OF INDIANA) ST. JOSEPH COUNTY Before me, thr.,undersig d, a Notary Public in and for St. Joseph County, Indian personally appeared JAi) , known by me to b Uft .jAL Grantor, and acknowl ged the execution of this Grant of Easement askAheir voluntary act or deed. WITNESS my hand and Notarial Seal this�i4 day of LI , 2002. U U , Notary Public A resident of St. Joseph County, IN My Commission Expires: This Instrument was prepared by: Aladean M. DeRose, Chief Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. a 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND SMHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS December 5, 2002 Mr. James La Free St. Joseph County State Farm Bureau Ins. 5605 US 31 South South Bend, Indiana 46614 PHONE 574/ 235-9251 FAx 574l235-9171 TDD 574/ 235-5567 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE SEWER & WATER Dear Mr. La Free: The Board of Public Works, at its public agenda session held on December 5, 2002, approved the Consent to Annexation and Waiver of Right to Remonstrate. The Consent was recorded with the St. Joseph County Recorder's Office on November 7, 2002. A copy is enclosed for your records. Sincerely, dv�� (�) Angela K. Jacob, Clerk Enclosure