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Home My WebLink About#2844- Deed; GRANT OF EASEMENT 6991 US 31 SouthGrant of Permanent Easement - Key #23-1OJ2-0022.0E 6991 US 31 South p pt y101d / ia��5 W � I GRANT OF PERMANENT EASEMENT SANITARY SEWER AND WATER SYSTEMS THIS INDENTURE made this dT 21 day of 1 r O , 2002, by and between Duane O. Zeiizer and Virginia M. Zei er of 6409 Cedar Trail, 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 Southwest 1/4 of Section 2, Township 36 North, Range 2 East, Center Township, City of South Bend, St. Joseph County, Indiana, identified as Tax Key Number 23-1002-0022.0,tand commonly known as 6991 US 31 South. Z Property Address: 6991 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 % 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 Southeast corner of said parcel, being also the West right of way line of US 31 South ; thence Northerly 1104.8 feet along said West line of US 31 South to the North property line of said parcel; thence West along said North property line, 30 feet; thence South parallel to the West line of said US 31 South, 1104.8 to the South property line of said parcel; thence East along the South property line to the place of beginning. Being a 30 strip taken off of the entire East end of said parcel. a t= � Ctri CD N .. M Ln " O b • ~ m Cr7 tr7 m MQx co y-3 x cn 5U Cr7 n 0 a d 0 x 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. 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 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. Signature V,v-�1nie,- M e��e Printed Name Zra 9 ('edna-- -a I 1 Address GRANTEE: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary A. Gilot, President Donald E. Inks, Member Carl Littrell, Member ATTF.�ST: i }f Angela K. ob, Clerk STATE OF 19DIANA ) SS: ST, JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared Oaf A -AG lot, 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 thi� day of `^' " 2002. f� Lt1U14U1f1l�� A resident of St. Joseph County, INS My Commission Expires: 1^ D6d STATE OF INDIANA } SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for St. Joseph ,County, Indiana, personally appeared _ (� I Ilk�, Uwn by me to be -V Cam• at , the Grantor, and acknowledged the execu 'on of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this day of Y_ O?j 72002. Notary Public A resident of St. Joseph County, IN My Commission Expires: This Instrument was prepared by: Aladean M: DeR4'se, Chief AssF`nt City Attorney, 1400 County -City Building, South Bend, IN 46601. J. opt>e Y My 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601.1830 CITY OF SOUI'EI BEND STEPHEN J. LvECKE, MAYOR BOARD OF PUBLIC WORKS November 21, 2002 Mr. and Mrs. Duane Zeiger 6409 Cedar Trail South Bend, Indiana 46614 RE: Grant of Permanent Easement 6991 US 31 South Dear Mr. and Mrs. Zeiger: PHONE5741235-9251 FAX 5741235-9171 TDD 574/ 235-5567 The Board of Public Works, at its November 21, 2002 meeting, approved the above referred to document. The document will be recorded with the St. Joseph County Recorder's office and copies of the recorded document will be sent to you. Enclosed is a copy of the unrecorded document for your records. Sincerely, C11 1 Angela K. Jacob, Clerk Enclosure m 1 � (3uVr YCcol\r �s 9 SC) 0� \\� c n �z NOV n. 6 2002 OF , / 4 tj re's cu� cz wem q Q, r, U co C) 9 IRECF-wsu, NOV nd. 8 2002 Tlf 0 F 3 0 U Thl B F 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPIIEN J. LuECKE, MAYOR BOARD OF PUBLIC WORKS January 17, 2003 Mr. and Mrs. Duane Zeiger 6409 Cedar Trail South Bend, Indiana 46614 RE: Grant of Permanent Easement Key #23-2003-0022.01 Deed#2844 Dear Mr. and Mrs. Zeigher: PHONE 574/ 235-9251 FAX 574/235-9171 TDD 574/ 235-5567 The Board of Public Works, at its November 21, 2002 meeting, approved the above referred to document. The document was recorded with the St. Joseph County Recorder's office on November 21, 2002. Enclosed is a copy for your records. Sincerely, J aj-U`t� IGY Angela K. Jacob, Clerk Enclosure