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Home My WebLink About#2876- Deed; GRANT OF EASEMENT Sec 36, Twp 38 N.,Range 2 E.,Portage Twp' Cy' r %#JAnPb MM& T A Y XIE a ZL5) - ADAM&E Twskf 57 . J9 C,, CUJSJ-Rlt 1W bIAAI*,- e'-s � �� T: L�e [�u-, @N') 1-:17, RECORDED ON GRANT OF EASEMENT 05/14/2003 09:31 :11AM THLAKE WATER MAIN EXTENSION ST. J S HECOUNTY ST. 30SEPH COUNTY RECORDER Ix- REC FEE: S15.00 THIS INDENTURE made this 10 day of , 2002?69F&%d b6tween Brothers of Holy Cross, Inc. (Grantor), and the Civil Zky of South Bend, Indiana, through its Board of Public Works (Grantee), in favor of the Civil City of South Bend, its succesors and assigns. 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 Brothers of Holy Cross, Inc., property (hereinafter referred to as "Holy Cross Property") (Tax Key #17-1023-0447.01) located in the West Half of Section 36, Township 38 North, Range 2 East, Portage Township, St. Joseph County, Indiana, and described as follows: Beginning at the intersection of the South property line of the Holy Cross Property and the West right of way line of State Road 933; thence West 15 feet; thence North 15 feet West of and parallel to said West line of SR 933, 1,358 feet to a point; thence Northwesterly 58 feet, more or less to a point that is 53 feet West of the West right of way line of SR 933 and 1,383 feet North of said South property line of Holy Cross Property; thence North 93 feet parallel with said West line of SR 933, to a point that is 53 feet West of said SR 933 right of way and 1,476 feet North of said South property line; thence Northeasterly 57 feet to a point that is 15 feet West of said west line of SR 933 and 1,516 feet North of said South property line of Holy Cross Property; thence North 15 feet West of and parallel to said West line of SR 933, 1,303 feet; thence Northwesterly 30 feet to a point that is 30 feet West of said West line of SR 933 and 20 feet South of the North property line of Holy Cross Property; thence North parallel with said West line of SR 933, 20 feet to said North property line of Holy Goss Property; thence East 30 feet, more or less, to the West line of SR 933; thence South along said West line of SR 933, 2,980 feet, more or less, to the South property line of said Holy Cross Property and 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. GRANTOR: BROTHERS OF HOLY CROSS, INC. GRANTEE: CITY OF SOUTH BEND BOARD OF PUBLIC WQRKS Gary Gilot, President J Carl Littrell, Member Donald E. Inks, Member ATTEST: interests of the Grantor, for the use Grantee may desire said air, and benefit of the Grantee, to the nature the general u Of and subsurface rig and extent that the Purpose of this conveyance as the s t' and interests to accomplish hereby granted is for the exclusive benefit of same has and been expressed, Thedeae out includes the right and the City of South Bend Indian easement timber, bash, debris, or other obs�c�onnble Ames to clean � and expressly and remove from said easements such s interfering with the water main system. The Grantor reserves the right occupancy and occupy the surface area on and over the easements provided that said use and Grantee's right to use said surface for the Ppos does purposes not in any Way conflict or es and intentions hereina ove e prress d ct the The easement granted herein and the associated benefits and obligation, covenant running with the real estate and shall be binding thereof of eve shall constitute a every person or entity now or here having upon the Grantor and be an obligation or any pan of the said real estate, b any fee, leasehold, or other interest in all This indenture shall bind and inure to the benefit of the respective Of the psuccessor parties hereto. s and assigns In further consideration for the easement, at any time within twenty (20) ears fro date the Grantor or its successor owners of the land immediately west of the easement the water main then located in the easement, the charges normallyy m this nt connects to South Bend Water Works or the City of South Bend shall be waivd made for said connection by the 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 ri ht to convey, and that the property is free of all encumbrances that would conflict with the rights herein granted; except for easement held by any railroad or its successors in interest. The Grantor hereby releases any and all claims from whatsoever cause, incidental to the exercise of any rights herein granted. IN WITM;SS WHEREOF, Grantor has executed this Grant of Easement for a water main system on the date shown on the acknowledgment set forth herein. GRANTOR: SISTERS OF THE HOLY CROSS, INC. GRANTEE: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary -iIot, sid t Carl Littrell, Member Donald E. Inks, Member STATE OF INDIANA ST. JOSEPH COUNTY } SS: 1 Angela K`. acob, CIerI Before me, the undersigned, a Notary Public in and for said Count appeared Gary Gilot, Carl Littrell, and Donald E. Inks, personally known me State, personally the Board of Public Works of the City of South Bend, Indiana, and acknowledged be members of Of this Grant of Easement as their voluntary the execution act or deed. WITNESS my hand and Notarial Seal this G� % day of 20o ��LU� �E� Notary Public:_ w..-.. Resi e1z & St. Joseph My Commission Expires; p County, <3 STATE OF INDIANA ST. JOSEPH COUNTY SS: Before me, the undersigned, a Notary Public in and for said County and State, personally appeared rothers of Holy Cross, Inc., by �re,its voluntary act or deed. and acknowledged the execution of this Grant of Easement as its WITNESS my hand and Notarial Seal this o day of 2002 My Commission Expires: Totary-hg•-a, '•.m Resident of St. Joseph County, jar, yJ r �-'''` ..>'•.f'G ,�.......0 F"DATA'SE AR6V,ega►�Wpdata\THodnar\Contracts Agccments Fasemcnrs\Brothas HoIy Cross Eas.wpd C �