HomeMy WebLinkAbout#2872- Deed; GRANT OF EASEMENT West side of SR 933 North of AngelaAt W/�y /S
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1316 COUNTY -CITY BUILDING
227W.. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUrH BEND STEPHEN J. LUECKF-, MAYOR
DEPARTMENT OF PUBLIC WORKS
GARY A. GILOT, P.E.
DIRECTOR OF PUBLIC WORKS
June 18, 2003
Reverend John M. D' Aney
St, Joseph Catholic High School
Diocese of Fort Wayne -South Bend
117 North Lafayette
South Bend, Indiana 46601
RE: Grant of Easement
West side of State Road 933
Dear Reverand John M. D'Aney:
PHONE 5741235-9251
FAx 5741235-9171
TDD 5741235-5567
The Board of Public Works recorded the Grant of Easement with the St. Joseph County
Recorder's office.
Enclosed is a copy of the document for your records.
Enclosure
Sincerely,
Angela K. Jacob, Clerk
ENGINEERING
CARL LIT BELL, P.E.
5741235-9251
FAx 574/235-9171
ENVIRONMENTAL SERVICES
JOHN, J. DILI-ON, PH.D.
5741277-8515
FAx 5741277-8980
CENTRAL SERVICES
MATT CHLEBOWSKI
574/235-9316
F,,-x 574/235-9007
STREETS
SA.m HENSLEY
5741235-9244
FAx 574/235-9272
WATER WORKS
JOHN, F. STANGITI
574/235-9322
FAx 574/235-9728
GRANT OF EASEMENT FF 7) -
j
MAR 1 n 2003
WATER MAIN EXTENSION
THIS INDENTURE made this a da of��� , 2962, by and between St.
Joseph Catholic Hi h School, R r i; (Grantor), and the Civil City of
South Bend, Indiana, through its Board of Public Works (Grantee), in favor of the Civil City of
South Bend, its succesors and assiifts. -
WITNESSETH:
That for One Dollar ($1.00) and other good and valuable consideration, the receipt of
which Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a
permanent easement of the nature and at the location hereinafter set forth as described for the
installation, construction, operation, maintenance, adjustment, replacement, repair, alteration,
removal, modernization, and use of a water main system and related facilities, together with the
right of ingress to and egress from said easement for the purpose of installing, constructing,
operating, maintaining, adjusting, replacing repairing, altering, removing, and modernizing said
system and other equipment or facilities incident thereto, in, upon, over and under the following
described real estate in the City of South Bend, St. Joseph County, State of Indiana, briefly
described as follows:
A 15 foot utility easement along the West side of State Road 933 over the St.
Joseph Catholic High School property (Tax Key #18-5125-4436.01) located in the
Southwest Quarter of Section 36, Township 38 North, Range 2 East, City of
South Bend, St. Joseph County, Indiana, and described as follows:
Beginning at a point on the North right of way line of Angela Blvd., 45 feet West
of the intersection of said North line of Angela Blvd. and the West right of way
line of State Road 933; thence Northeasterly 44 feet to a point that is 30 feet
North of said Angela Blvd. right of way line and 15 feet West of said SR 933 right
of way line; thence North, parallel to and 15 feet West of said West line of SR 933,
632 feet, more or less, to the North property line of said St. Joseph Catholic High
School property; thence East 15 feet to the West line of SR 933; thence South
along said West line of SR 933, 660 feet, more or less, to the North line of Angela
Blvd; thence West along said North line of Angela Blvd, 45 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
easements such timber, brush, debris, or other obstructions interfering with the water main
system.
The Grantor reserves the right to use and occupy the surface area on and over the
easements 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 a
covenant 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 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 it is lawfully seized and
possessed of the parcel of real estate hereinabove described; that it has 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 any and all claims from whatsoever cause, incidental to the
exercise of any rights herein granted.
IN WITNESS WHEREOF, Grantor has executed this Grant of Easement for a water main
system on the date shown on the acknowledgment set forth herein.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORDS
Gary Gilot, President
C �4ke
Carl Littrell, Member
-Is,�jj E - �z z,,--
Donald E. Inks, Member
ATTEST:
Angela WJacob, Clerk
STATE OF INDIANA }
SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for said County and State, personally
appeared Gary Gilot, Carl Littrell, and Donald E. Inks, 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
My Commission Expires:
STATE OF INDIANA )
(-Ile) ) SS:
COUNTY )
2002.
Notary Public
Resident of St. Joseph County, IN
Before me, the undersigned, a Notary Public in and for skid C unity and State, personally
appeared St. Joseph Catholic High School, '° ` e e �; by
ma7T feu. Tow ra �'4'c and acknowledged the execution of this Grant of Easement as
their voluntary act or deed.
aoa3
WITNESS my hand and Notarial Seal this day of Fpbevag�j, 2A93.
?71 : b » ,' ; i411" J Notary Public
'+:rye=..
, • Resident of y, IN
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