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1316 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 466o1-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
December 30, 2003
Stephen L. Keucher, Assistant Vice President
The Trustees of Indiana University
107 S. Indiana Avenue
Brian Hall 114
Bloomington, Indiana 47407-7000
RE: PERPETUAL WATER MAIN EASEMENT
Dear Mr. Keucher:
PHONE 5741235-9251
FAx 5741235-9171
TDD 5741235-5567
The Board of Public Works, at its meeting held on September 18, 2003, approved the above
referenced Purchase Agreement. The Agreement was recorded with the St. Joseph County
Recorder's Office on September 18, 2003.
A copy is enclosed for your records.
Sincerely,
An el qb�k
g
Board of Public Works
Enclosure
PERPETUAL WATER MAIN EASEMENT
THIS INDENTURE WITNESSETH, that The Trustees of Indiana University
("Grantor") for and in consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration, receipt of which is hereby acknowledged, do hereby grant, subject to all highways,
rights -of -way, easements and other restrictions of record, to the City of South Bend
("Grantee"), its grantees, successors and assigns, a perpetual non-exclusive easement over,
under and across that property owned by Grantor and situated in St. Joseph County, Indiana,
described on Exhibits A and B, attached hereto and incorporated herein by reference
("Easement Area"), with the right, privilege and authority in Grantee to install, operate,
maintain, and repair a water main pipeline in the Easement Area.
This grant of easement shall be subject to the following terms and provisions:
1. Grantee, its employees and agents shall have the right of ingress and egress over,
under and across the Easement Area with equipment and materials as necessary from time to time
for the installation, operation, maintenance and repair of a water main pipeline located within the
Easement Area; and to do all acts and things requisite and necessary for the full enjoyment of
the easement granted herein.
2. Grantor hereby reserves unto itself, its successors and assigns, the use and
enjoyment of the Easement Area insofar as such use is not inconsistent with the Grantee's use
hereunder. Grantor covenants; however, that it will not erect or maintain any building or other
permanent structure on or over Grantee's water pipeline within the Easement Area.
3. Grantee covenants that in the installation, operation, maintenance or repair of its
water pipeline and use of the Easement Area, it will restore the area disturbed by its work to
substantially the same condition as existed before the area was disturbed by the Grantee.
4. The Grantee agrees to indemnify and hold the Grantor harmless from and against
any and all liabilities, losses, claims, damages, penalties, fines, costs and expenses, including
reasonable attorney's fees, and for any and all injury to persons or damage to property, which
arise from or out of a breach of its respective covenants and obligations hereunder, or from
Grantee's negligence or willful acts or ommissions, except to the extent caused by the willful
acts or omissions of the Grantor.
5. The covenants contained herein shall run with the land and shall inure to the benefit of and
be binding upon the successors and assigns of the parties hereto.
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IN WITNESS WHEREOF, Grantor and Grantee have caused this Water Main Easement to
be executed this ! �� day of S e ev_,,jer, 2003.
GRANTOR:
The Trustees of Indiana University
�vf� By:6��2.l
urer-
5 j—zjc ri.
i
GRANTEE:
City of South Bend
By:
Printed:
Board of Public World
Title:
STATE OF INDIANA duty )
SS:
COUNTY OF MONROE (kj�f ) r
Before me, a Notj�Public in and for the State of hidiana, personally appeared
•Keucher , Tt�_-iTof''"�of Indiana University, who acknowledged the
tion of the foregoing easement agreement.
itness my hand and Notarial S
ion Expires:
N
this /aT�day of
2003.
Printed Name
Resident of Ko V1y-o c__ Cow-ity, Indiana
STATE OF INDIANA }
)SS:
COUNTY OF ST. JOSEPH )
Before me, a Notary Palblic in nd for the State of
IQiveC14
'rsonally appeared
� C (t.0 e a Oukuof of South Bend,
Indian,
who ackno kedged the execution of the foregoing easement agreement.
Witness my hand and Notarial Seal this i �P-day of 2003.
My Commission Expires: N taffy Pup 'j
Printed Name
�T Resident of S4'0� County, Ind'ti,rii
This document prepared by Victoria J. Gutwein, Indiana University Rea! Estate Department. Phone:
812-855-4100.
FxuRrT A
Parcel 1
A parcel of land being a part of the East half of Section 18, Township 37 North, Range 3 East, City of South
Bend, Portage Township, St. Joseph County, Indiana, and being that part of the grantor's land lying within
the Water Main Easement lines depicted on the attached Right -of -Way Parcel Plat, marked EXHIBIT "B",
described as follows: Commencing at the intersection of the West line of Ironwood Drive with the North
line of Lincoln Way East in said City of South Bend, said point being 30 feet West of the East line of said
a
Section 18; thence North 00 0752" East along said West right-of-way line of Ironwood Drive a distance of
474.80 feet to the Southeast corner of a tract of land conveyed to the Board of Commissioners of St.
Joseph County, Indiana by Corporate Warranty Deed recorded as Instrument Number 9019197 in the
Office of the Recorder of St. Joseph County, Indiana, thence North 89' 55' 30" West along the South line
of said Commissioners tract, a distance of 10.53 feet to the southwest corner thereof, thence North 89'
55' 30" West, a distance of 253.50 feet; thence South 64' 30' 30" West, a distance of 255.70 feet; thence
South 83' 56' 03" West, a distance of 456.31 feet; thence North 79 21' 30" West, a distance of 141.64
feet; thence South 83' 55' 31 " West, a distance of 159.89 feet; thence South 90 36' 10" West, a distance
of 220.04 feet to the Northerly right-of-way line of said Lincoln Way East; thence North 72' 39' 0 1 " West,
along said Northerly right-of-way, a distance of 9.90 feet to the point designated "801" on said EXHIBIT
"B" and the Point of Beginning of this description; thence North 20 36' 45" East, a distance of 253.24 feet to
the point designated "808" on said EXHIBIT "B"; thence North 420 33' 48" West, a distance of 72.09 feet to
the point designated "807" on said EXHIBIT "B"; thence North 370 24' 32" West, a distance of 336.75 feet
to the water's edge of the St. Joseph River and the point designated "806" on said EXHIBIT "B";
thence South 32 31' 27" West, along said water's edge, a distance of 31.94 feet to the point designated "805"
on said EXHIBIT "B"; thence South 37' 24' 32" East, a distance of 327.15 feet to the point designated
"804" on said EXHIBIT "B"; thence South 42' 33' 48" East, a distance of 60.96 feet to the point designated
"803" on said EXHIBIT "B"; thence South 2 36' 45" West, a distance of 190.91 feet to the point
designated 827" on EXHIBIT "B"; thence North 880 08' 37" West, a distance of 29.61 feet to a West
line of the grantor's land and a point designated "830" on said EXHIBIT "B"; thence South 9* 36' 10"
West, along said West line, a distance of 32.97 feet to said Northerly right-of-way line of Lincoln Way
East and a point designated "802" on said EXHIBIT "B"; thence South 720 39' 01" East along said
Northerly right-of-way a distance of 65.79 feet to the Point of Beginning and containing 0.469 Acres, more
or less.
Parcel 1A
A parcel of land being a part of the East half of Section 18, Township 37 North, Range 3 East, City of
South Bend, Portage Township, St. Joseph County, Indiana, and being that part of the grantor's land
lying within the Water Main Easement lines depicted on the attached Right -of -Way Parcel Plat,
marked EXHIBIT "B", described as follows: Commencing at the intersection of the West line of
Ironwood Drive with the North line of Lincoln Way East in said City of South Bend, said point
being 30 feet West of the East line of said Section 18; thence North 000 07' 52"East along said West
right-of-way line of Ironwood Drive a distance of 474.80 feet to the Southeast corner of a tract
of land conveyed to the Board of Commissioners of St. Joseph County, Indiana by Corporate
Warranty Deed recorded as Instrument Number 9019197 in the Office of the Recorder of St. Joseph
County, Indiana, thence North 890 55' 30" West along the South line of said Commissioners tract,
a distance of 10.53 feet to the southwest corner thereof, thence North 89' 55' 30" West, a distance
of 253.50 feet; thence South 640 30' 30" West, a distance of 255.70 feet; thence South 83* 56' 03"
West, a distance of 456.31 feet; thence North 79' 21' 30" West, a distance of 141.64 feet; thence
South 83* 55' 3 1 " West, a distance of 159.89 feet; thence South 90 36' 10" West, a distance of
220.04 feet to the Northerly right-of-way Iine of said Lincoln Way East; thence North 72* 39' 01"
West, along said Northerly right-of-way, a distance of 9.90 feet to the point designated "801" on
said EXHIBIT "B"; thence North 2° 36' 45" East, a distance of 253.24 feet to the point designated
"808" on said EXHIBIT "B"; thence North 42' 33' 48" West, a distance of 72.09 feet to the point
designated "807" on said EXHIBIT "B"; thence North 37' 24' 32" West, a distance of 336.75 feet
to the southern water's edge of the St. Joseph River and the point designated "806" on said
EXHIBIT "B"; thence North 37' 24' 32" West, a distance of 253.44 feet to the northern water's edge
of said St. Joseph River and the point designated "820" on said EXHIBIT "B" and the Point of
Beginning of this description; thence South 35* 29' 43" West along said water's edge, a distance
of 31.39 feet to the point designated "821" on said EXHIBIT "B"; thence North 37' 24' 32" West, a
distance of 87.41 feet to the Southerly right-of-way line of Northside Boulevard and the point
designated "822" on said EXHIBIT "B"; thence North 52' 39' 41" East, a distance of 30.00 feet
along said Southerly right-of-way line of Northside Boulevard to the point designated "819" on
EXHIBIT "B"; thence South 37 24'32" East, a distance of 78.15 feet to the Point of Beginning and
containing 0.057 acres, more or less.
EXHIBIT B
I
PARCEL COORDINATE CHART
Point
I Centerline Station
Offset
Northing
Easting
204*
'A'
206*
'A'
207*
'A'
212*
'A'
213*
'A'
801
'A'
14+65.39
15.00' R
2335259.5717
176699.7261
14+82.13 48.62' L
17+18.63 J 15.00' L
15.00' L
21+05.39 15.00' L
2335279.1891
176636.9337
t2',A
A'
2335501.4500
176680.7312
176639.4953
2335546.3512
2335806,2099
805
'A'
176440.7555
806
'Al
21+16.35
15.00' R
2335833.1397
176457,9276
807
'A'
17+78.2.5
15.00' R
2335565.6488
2335512.5500]
176662.5047
176711.2688
176256.4884
808
'A'
-
15.00' R
15.00' R
819
'A'
24+47.94
2336096.5278
820
'A'
23+69.79
15.00' R
2336034.4522
176303,9638
821
'A'
23+60.56
15.00' L
2336008.8982
176285.7394
822
'A'
24+47.98
15.00' L
2336078.3320,
176232.6364
827
7
'A'
15+15.24
15.00' L
2335310.7349
176672.0293
830
'A'
15+14.85
44.61' L
2335311.6942
176642.4332
Note: Stations
and Offsets Control Over Both
North & East Coordinates
and Bearings & Distances.
*See Location Control Route Survey Plat.
see r�pP 'So9
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