HomeMy WebLinkAbout#2891- Deed; TEMPORARY CONSTRUCTION EASEMENT - Trustees of indiana university1 55y
1316 COUNTY -CITY BuiwiNG
SOUTH BEND, INDIANA 46601-1830
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: TEMPORARY CONSTRUCTION EASEMENT
Dear Mr. Keucher:
PHONE 574/235-9251
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,
�-tee qCrlkAngela. Jacob
Board of Public Works
Enclosure
for Pubs Ic. �J�rks
PPFP
TEMPORARY CONSTRUCTION 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 temporary and non-exclusive easement
over, under and across the property owned by Grantor and situated in St. Joseph County, Indiana,
described on Exhibit A hereto ("Easement Area"), with the right, privilege and authority in
Grantee to use the Easement Area for construction activities related to the installation of a
water main pipeline.
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 for construction
activities related to the installation of a water main pipeline on adjacent property.
2. Grantee covenants that in the 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.
3. 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.
4. The easement granted herein is temporary and shall automatically terminate upon
Grantee's completion of installation of the water main pipeline.
IN WITNESS WHEREOF, Grantor and Grantee have caused this Temporary Construction
Easement to be executed this 1 cZ -y- day of S 2003.
GRANTOR:
The Trustees of Indiana University
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GRANTEE:
City of South Bend
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Board of Public WorLs
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Before me, a Notary Public in and for the State of Indiana, personally appeared
Stephen L. Keucher, - of Indiana University, who acknowledged the
execution of the foregoing easement agreement.
Witness my hand and Notarial Seal this day of 2003.
My Commission Expires: of Public
7 b 9 Printed Name
Resident of [ " �/( ID ►1 V-0C--, County, Lndiana
STATE OF INDIANA )
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COUNTY OF ST. JOSEPH )
Before me, a Nptary P bl d for the State ,off *a, personally appeared
,e Q� D��d ``o"� e City of South Bend, who
acknowledged the execution of the foregoing easement agreement.
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Witness my hand and Notarial Seal this l day of 2003. : ,�1.-� �,,NkS
My Commission Expires. No Pub Printed Name
Resident of �'�' County, Indiana
This document prepared by Victoria J. Gutwein, Indiana University Real Estate Department. Phone:
812-855-4100,
EXHIBIT A
Parcel IB
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 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 00'07' 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 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
890 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 216.58 feet to the Point of Beginning of
this description; thence South 9 36' 10" West, along a boundary of the grantor's land, a
distance of 3.46 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; thence
North 2' 36' 45" East, a distance of 253.24 feet; thence North 42� 33' 48" West, a
distance of 72.09 feet; thence North 370 24' 32" West, a distance of 336.75 feet to the
water's edge of the St. Joseph River; thence North 32" 31' 27" East, along said water's edge, a
distance of 10.65 feet; thence South 37 24' 32" East, a distance of 339.96 feet; thence South
42' 33' 48" East, a distance of 75.80 feet; thence South 20 36' 45" West, a distance of 256.49
feet to the Point of Beginning and containing 0.154 Acres, more or less.
Parcel 1 C
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, 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 00' 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 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
8955' 30" West, a distance of 253.50; 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 7921'
30" West, a distance of 141.64 feet; thence South 83* 55' 31" West, a distance of 159.89
feet; thence South 9' 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 75.69 feet to a West line of the grantor's land; thence North 9 36'
10" East, along said West line, a distance of 32.97 feet, to the Point of Beginning of this
ce continuing North 9. 36' 10" East, along said West line a distance of
South 88� 08' 37" East, a distance of 18.38 feet; thence North 0236' 45"
East, a distanceof 176.88 feet; thence North 42 33' 48" West, a distance of 57.25 feet;
thence North 37 24' 32" West, a distance of 323.94 feet to the water's edge of the St.
Joseph River; thence North 320 31' 27" East, along said water's edge, a distance of 10.65
feet; thence South 370 24' 32" East, a distance of 327.15 feet; thence South 42 33' 48" East,
a distance of 60.96 feet; thence South 20 36' 45" West, a distance of 190.91 feet; thence
North 88 08' 37" West, a distance of 29.61 feet to the Point of Beginning and containing
0.136 Acres, more or less.
Parcel 1D
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, 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 00 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 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 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 830 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
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; thence North 2 36' 45" East, a distance of 253.24 feet; thence
North 420 33' 48" West, a distance of 72.09 feet; thence North 37 24' 32" West, a
distance of 336.75 feet to the southern water's edge of the St. Joseph River; thence North
37' 24' 32" West, a distance of 253.44 feet to the northern water's edge of said St. Joseph
River; thence South 350 29' 43" West along said water's edge, a distance of 31.39 feet to
the Point of Beginning of this description; thence South 410 22' 02" West along said water's
edge, a distance of 10.20 feet; thence North 37' 24' 32" West, a distance of 89.76 feet to
the South right-of-way line of Northside Boulevard; thence North 54 41' 09" East, along
said Southerly right-of-way line of Northside Boulevard, a distance of 10.01 feet; thence
South 370 24' 32" East, a distance of 87.41 feet to the Point of Beginning and containing
0.020 acres, more or less.
Parcel 1 E
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:
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