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Home My WebLink About#2913- Deed; GRANT OF PERPETUAL EASEMENT Southside of US 20 West East of Sage Road.29 GRANT OF PERPETUAL EASEMENT (Drainage Easement) Gerald Lamkin Ivy Tech State College 220 Dean Johnson Blvd. South Bend, IN 46601 Commencing at the Southwest Corner of said lot no. 1A also being the southeast corner of lot no. 2 of said Ivy tech 2nd Minor Subdivision; thence North 0 Deg. 58'42" East along a West line of said Lot No. IA and the East line of said Lot No. 2 a distance of 58.31' to the North line of an existing drainage easement in favor of Lot no. 2 and a point designated "554" on said Exhibit "B" and the point of beginning of this description; thence North 0 deg. 58'42" East along said east line and said east line prolonged a distance of 341.69' to the point designated "559" on said Exhibit "B; thence South 89 deg. 01'18" East a distance of 5' to the point designated "560" on said Exhibit "B"; thence South 0 deg. 58'42" West along a line parallel to said in favor of Lot NO. 2 and the Point designated "558" on said Exhibit "B"; thence South 80deg. 49'26" West along said North line a distance of 5.33 feet to the point of beginning and containing .039 acres, more or less Prepared by: JIM LIETZAN DLZ INDIANA 2211 East Jefferson South Bend, Indiana 46617 Z") 1,3 1316 CouNTY-CITv BUILDwc SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS July 29, 2004 Mr. Jim Lietzan DLZ Indiana 2211 East Jefferson South Bend, Indiana 46617 RE: Grant of Perpetual Easement Drainage Easement Dear Mr. Lietzan: PHONE 5741235-9251 FAx 5741235-9171 TDD 574/ 23 5-5 567 The Grant of Perpetual Easement for the drainage easement was recorded with the St. Joseph County Recorder's Office on June 28, 2004. A copy is enclosed for your records. Sincerely, Angela K. Jacob, Clerk Board of Public Works Enclosure GRANT OF PERPETUAL EASEMENT DRAINAGE EASEMENT THIS INDENTURE, made this R1day of � u 2004 by and between Ivy Tech State College, (hereinafter "Grantor"), and the Ci�'Al City of South Bend, (hereinafter "Grantee"). WITNESSETH: That for One Dollar (S 1.00) and other good and valuable consideration, the receipt of which Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a non- exclusive perpetual drainage easement of the nature and at the location hereinafter set forth and described for the installation, construction, operation, tilaintenance, adjustment, replacement, repair, alteration, removal, modernization, and use as a drainage easement to allow drainage from South Bend Fire Department Central Station, 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 drainage easement 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 part of Lot No. 1 A of Ivy Tech 2ND Minor Subdivision to the City of South Bend, a subdivision in the Northwest Quarter of Section 13, Township 37 North, Range 2 East, Portage Township, as recorded in Instrument No. 0341350 in the Office of the Recorder of St. Joseph County, Indiana, and being that part o the grantor's land lying within the drainage easement lines depicted on the attached Right of Way Parcel Plat marked EXHIBIT "B", described as follows: Commencing at the Southwest corner of said Lot No. IA, also being the Southeast comer of Lot No. 2 of said Ivy Tech 2ND Minor Subdivision; thence North 0° 58' 42" East along a West line of said Lot No. 1 A and the East line of said Lot No. 2 a distance of 58.31 feet to the North line of an existing drainage easement in favor of Lot No. 2 and a point designated "554" on said Exhibit "B" and the point of begiraing of this description; thence North 0° 58' 42" East along said east line and said east line prolonged a distance of 341.69 feet to the point designated "559" on said Exhibit "B"; thence South 89' 01' 18" East a distance of 5.00 feet to the point designated "560" on said Exhibit "B"; thence South 0° 58' 42" West along a Iine parallel to said east line a distance of 339.85 feet to the North Iine of an existing drainage easement in favor of Lot No. 2 and the point designated "558" on said Exhibit "B"; thence South 70' 49' 26" West along said North line a distance of 5.33 feet to the point of beginning and containing 0.039 acres, more or less. 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, and its successors, successors in interest and assigns, to the nature and extent Grantee may desire said rights and interests to accomplish and carry out the general purpose of this conveyance as the same has been hereinabove expressed. The easement hereby granted includes the right and privilege for Grantee at reasonable times to clean and remove from said easement any debris or obstructions interfering with drainage into and through said easement. Grantee shall have the right of ingress or egress over Grantor's real estate adjoining said easement when necessary to install, construct, operate, maintain, adjust, replace, repair, alter, remove, modernize, or use the drainage easement and its appurtenances. Grantee will restore the area disturbed by its work to as near the original conditions as is reasonably practicable. The easement granted herein and its associated benefits and obligations, 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 how 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 Grantee that it is lawfully seized and possessed of the parcel of real estate hereinabove described; that it has a good and lawful right to sell and convey; and. that it will warrant and forever defend the title and quiet possession thereto against the lawful claims of all persons whomsoever. Grantor hereby releases any and all claims from whatsoever cause, incidental to the exercise of any rights herein granted, except for damage to Grantor caused by the intentional or negligent act or omission of Grantee, its agents, employees, or licensees. IN WITNESS WHEREOF, the said Grantor has executed this Grant of Non -Exclusive Perpetual Easement for drainage easement on the date shown in the acknowledgment set forth herein. Dated this day of �� , 2004 IVY TECH STATE COLLEGE: By; AT I STATE OF INDIANA ) SS: COUNTY OF ST. JOSEPH GBefore me, the undersigned, a Notary Public in and for said State, personally appeared _ erald _, j0L►y\ktn personally known by me to be the representative of Ivy Tech State College, Grantor in the above Grant of Perpetual Easement, and acluiowledged the execution of the same by his/her voluntary act and deed. WITNESS my hand and Notarial Sea] this l 0 �4" day of -I ulel fo a.� 01- My Commission Expires: � ber 'a3 , aol0 (Written Signature) n� S, Phelps (Printed Signature) 22 004. Notary Public Residing in ua_Mi tjcn County, IN The City of South Bend accepts this Grant of Perpetual Easement - Drainage Easement. Dated this �� day of 04 CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot Carl Ieittrell Don li1k at ligela .7) � Irk "ar mom R m sflarzn', mmca dMn ;=~-m co zr- M Lh M �ANa—c-o—b,Cler s,.� 1 01 m a o (North line o1 W Nley) 5 895J'18' III _ 60 AI 5 89'5J'18' $1 11.3. JJ' ` 5 89'4971 • w 114 J6' o O ,ail •5' � lr O X ppg 0 o o � � � r ti C ti > m m >c �L o p Sj m�2 m oa o�� I V Dso a -4 5 8931;38• f J47.JJ' l v F v i � N c - ro EASEMENT PLAT DRAINAGE EASEMENT SOUTH BEND FIRE STATION � 0, _ o.n RDLZ INDIANA.LLC 2211 W1 J(!f[4SbPUl[Lv410 SwU Bi"D w — .Ws s •-ne-•.00 SOUTH BEND - ST.JOSEPH COUNTY - INDIANA nJA OR EXHIBIT 'B' EASEMENT PLAT SHEET 2 OF 2 Poin t Table Point Norlhin as ;no ofion 01lset Descrip lion 1 23362J9.0989 1 1690775852 0-r00.00 'A' 0.00' R1. 518 Rebor Found O.J' Below Surloce 2 2336593.2145 169083 6195 J+5J.37 A . 0 00' R1. 527 2JJ67J0.9715 169085.9722 4+9115 A' 0+00.00 A' 518" Rebor & Cap Set Flush 554 2J36298.2021 1690785810 0+58.31 A' 0+00,00 'A' 555 2336304.2351 1 169095.9287 0+64.64 A' 17.24' R1. 556 2336290. 0674 169100.8558 0+30. 56 A " 22. 41 ' RI. 557 1JJ62822260 169078.JO81 0+42JJ A' 0.00' RL 558 2336299,9516 16908J.6116 0+60.15 A' 5.OD' R1. 559 23366J9.8406 169084.4158 4+00.00 A' 0.00' Rt 560 23J6639.7552 169039,4150 4+00.00 A' 5.00' Rf. 9021 2336240.0718 1 169166.7803 9026 2J36594.0476 168741.2858 Mag Moil Found Flush 9035 2JJ6739.0003 1 1667J9.8917 518" Rebor Found 0.2' Below Surface 9036 FJJ62J9.6583 1 168954.2507 SURVEYOR'S REPORT MARCH 2O04 Engfish Units Are Used For This Survey. All Coordinates Are Based On An Assumed (local) Coordinate System. Beorings Match Ivy Tech 2nd Minor Subdivision, Inst. No. 0341350. Control Point Numbers Are Actual Field Survey Point Numbers Used For Control Coordinates Are Shown To 4 Decimal Places Not To Indicate The Accuracy Of The Survey, But To Provide Repeatability Of Calculation. Line 'A' Line 'A' Is Established Along The East Line Of Lot No. 2 And The East Line Of Lot No. 2 Prolonged. All Monuments Found Or Set As Shown Hereon. Line 'A' Is A New Alignment And Therefore Has No Uncertainly, The Uncertainty Of The East Line Of Lot No. 2 Is Estimated To Be Negligible, JN=2J36239.8989 £= 1690775852 bfog Nod North Side i PNIP / J283-2_- a ,Nog Noi! WBSI Side PWP 1AEP J283-136 )dog Na;! North Side PWP I'J283-319 P.O.T. STA. 0+00, 00 LINE A' 5/8" REBAR & CAP FOUND OJ' MOW SURFACE 517 N=2.3.36730.9775 E= 169085.9722 N N ` ti455 765' Q Brick Budd+no z J P.O.T. STA. 4491.75 LINE A' 5/8 " REBAR AND CAP SET FLUSH SURVEYOR'S STATEMENT To the best of my knowledge and belief, this plot comprises a Route Survey, executed in accordance with Indiana Adminstrolive Code 865 IAC 1-12, ("Rule 12") 3'Z5'C>1� /,;;-e,Michoel Lietzon Dole Indiono Registered Land Surveyor No. SO475 r No. 50475 STATE OF c x EASEMENT PLAT - DRAINAGE EASEMENT N N SOUTH BEND FIRE STATION °o. Rf.&O.S 0T00H LtDLZ INDIANA,LLC w:n��eir _. r;" +sa❑ SOUTH BEND - ST.JOSEPH COUNTY - INDIANA nl,n ac