HomeMy WebLinkAbout#2935- Deed; RIGHT OF WAY AND EASEMETN To I&M - Portage Township, Section No. 10, Township 37-North, Range No. 2-East2JS
RIGHT OF WAY AND EASEMENT
To I&M Power Company
Easement No. 17-E Map No. 1906
Line 92-181, South Bend West Side
Work Order 4045990406
Portage Township, Section No. 10.h
Township No. 37-North, Rare;;, 2-East
Also Easement No..17-F L
Map No
. 1906 — Line 92-181
South Bend West Side, �!
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Easement No. 17-E Map No. 190E
Line: 92-181 South Bend -West Side
Work Order: 404599040E
RIGHT OF WAY AND EASEMENT
THIS RIGHT OF WAY AND EASEMENT, made this day of October, 2004, by and between THE
CITY OF SOUTH BE, INDIANA, by and through its Board of Public Works, herein called "Grantor", whether
one or more persons, and INDIANA MICI-iIGAN POWER COMPANY an Indiana Corporation, whose business
address is 1 Riverside Plaza, Columbus, Ohio 43215, herein called "Grantee".
WITNESSETH:
That in consideration of One and 00/100 Dollars ($1.00), and other valuable consideration, the receipt of which is
hereby acknowledged, and covenants hereinafter set forth, Grantor hereby grants, conveys, and warrants to the
Grantee, its successors, assigns, lessees, tenants and invitees, a permanent right of way and easement for an electric
transmission, distribution and communication line or lines, on, over, under, through and across the following
described lands of the Grantor, situated in the State of Indiana, St. Joseph County, Portage Township, Section No.
10, Township No. 37-North, Range No. 2-East.
Tax ID: 18-2040-1375.02
Grantor claims title by the instrument recorded as Document No. 0447592 of the St. Joseph County Recorders
Office
The right of way and easement shall be more fully described and depicted on Exhibit "A", a copy of which
is attached hereto and made a part hereof.
TOGETHER WITH THE FOLLOWING RIGHTS: FACILITIES: Grantee has the right to construct,
reconstruct, operate, maintain, alter, inspect, patrol, protect, repair, replace, renew, enlarge, upgrade, relocate within
the above described right of way and easement, remove and replace poles, 'including cross -arms, conductors, wires,
insulators, and all other appurtenant equipment and fixtures, and string conductors, wires and cables, together with
the right to add to said facilities from time to time, for doing anything necessary or useful or convenient for the
enjoyment of the right of way and easement herein granted, also the privilege of removing at any time any or all of
said facilities erected on, over, under, through and across said lands of the Grantor.
BUILDINGS, STRUCTURES, OBSTRUCTIONS AND TREES IN EASEMENT: Grantee has the right in its
discretion to cut down, trim, and otherwise control, using herbicides or other means, and at the Grantee's option,
remove from said right of way and easement any and all trees, overhanging branches, brush, buildings, structures, or
other obstructions. Grantee shall also have the right to trim, cut down, remove, and otherwise control trees situated
on lands of the Grantor which adjoin the right of way and easement, when in the opinion of the Grantee those trees
may endanger the safety of, or interfere with the construction, operation or maintenance of said facilities.
INGRESS AND EGRESS: Grantee shall have the right of unobstructed access, at any and all times, over and
across the right of way and easement, and the right of ingress and egress in and over existing or future roads and
lanes and other reasonable routes outside the right of way and easement. In the event there is no existing road or lane
to the right of way and easement as provided for in this easement, the Grantor will provide a mutually agreed upon
reasonable ingress -egress route over the Grantor's lands, and any of the adjoining lands of the Grantor, for the
purpose of exercising and enjoying the rights granted.
It is understood and agreed between the parties hereto that:
The Grantor reserves the right to cultivate, pasture or otherwise use said lands in any way not inconsistent with the
rights herein granted. However, no building, structure, obstruction, advertising device, dumpster, light pole,
swimming pool, deep well, storage tank or hazardous/flammable material shall be erected, permitted, placed or
stored by the Grantor within the above described right of way and easement herein granted.
No mounding, fill, water impoundment or tree plantings shall be permitted within the right of way and easement
without the written permission of the Grantee.
H:IWPDATAUGHN Llbosch_17E1906.doc
Grantee agrees to repair or pay the Grantor for dama_-e to stock, growing crops, fences, gates, field tile. drainage
ways, drives, lawns, or structures caused by the Grantee in the exercise of the rights herein granted. Grantee further
agrees to pay the prevailing market price for any marketable trees cut down outside the above described right of way
and easement during construction or maintenance of the electric transmission, distribution, and communication line
or lines.
This instrument contains all the agreements expressed or implied between the parties herein and shall inure to the
benefit of and be binding on their respective heirs, executors, administrators, lessees, tenants, successors. assigns
and invitees.
THE CITY OF SOUTH BEND
By and through its Board of Public Works
ay:
By:
G
By:
STATE OF INDIANA
COUNTY OF ST JOSEPH: SS
A TTTST:
�\
Secretary t_
Before me, the undcr,igned, a Notary Public in and for St. Joseph County, Indian<<, personally
appeared
personally kno%�n to be the mombers of the City ul South Bend.
Indiana, Beard of Public Works and a,-knowledoed the eXecui.ion of the foregoing as their voluntary act and deed.
WTTNESS my hand and Notarial Seal this _ d:ay of October —2004.
Notary Public:
Commission Expires:
THIS INSTRUMENT WAS PREPARED BY INDIANA MICHIGAN POWER COMPANY
IMWPDATAVOHN Llbosch I7E1906 doc
Easement No. I'I C
Map No. 1906
Line No. 92-181
South Bend — West Side 34.5 kV Line
City of South Bend
EXHIBIT "A"
LEGAL DESCRIPTION EASEMENT: A easement over the tract described in document number Q 4QTTS --
being a part of the East half of the Northwest Quarter of Section 10, Township 37 North, Range 2 East, Portage
Township, St. Joseph County, South Bend Indiana, the centerline described as follows:
Starting at the southeast comer of lot number 82 as known and designated on the recorded plat of West End
Addition to the City of South Bend; thence south 00 degrees 34 minutes 52 seconds east, 69.16 feet along the
southerly extension of east line of said lot number 82 to the place of beginning; thence continuing south 00
degrees 34 muiutes 52 seconds east, 72.96 feet to the northerly right-of-way line of the Penn Central Railroad;
thence north 65 degrees 21 minutes 00 seconds west, 40.00 feet along said northerly right-of-way line; thence
north 08 degrees 38 minutes 54 seconds east, 37.22 feet; thence north 74 degrees 19 minutes 15 seconds west,
62.00 feet; thence north 05 degrees 54 minutes 07 seconds east, 42.08 feet; thence south 65 degrees 21 minutes
00 seconds east, 93.92 feet to the place of beginning. Containing therein 0.10 acres more or less.
This description was prepared by Stoody Associates, Professional Land Surveyors, 17-1 E. Market St., Bluffton,
Indiana at the request of, Indiana Michigan Power Company oA October 5, 2004.
City of South Bend -
Indiana Michigan Power Co. Sheet I of File No. i65
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Easement No. 17-F Map No. 1906
Line: 92-181 South Bend -West Side
Work Order: 4045990406
RIGHT Or WAY AND EASEMENT
1
THIS RIGHT OF WAY AND EASEMENT, made this -4- day of October, 2004, by and between THE
CITY OF SOUTH BEND, INDIANA, by and tlU-ough its Board of Public Works, herein called "Grantor", whether
one or more persons, and INDIANA MICHIGAN POWER COMPANY an Indiana Corporation, whose business
address is 1 Riverside Plaza, Columbus, Ohio 43215, herein called "Grantee".
WITNFSSETH:
That in consideration of One and 00/100 Dollars ($1.00), and other valuable consideration, the receipt of which is
hereby acknowledged, and covenants hereinafter set forth, Grantor hereby grants, conveys, and warrants to the
Grantee, its successors, assigns, lessees, tenants and invitees, a permanent right of way and easement for an electric
transmission, distribution and communication line or lines, on, over, under, through and across the following
described lands of the Grantor, situated in the State of Indiana, St. Joseph County, Portage Township, Section No.
10, Township No. 37-North, Range No. 2-Bast.
t Tax ID: 18-2040-1375.02
Grantor claims title by the instrument recorded as Document No. 0447591 of the St. Joseph County Recorders
Office
The right of way and easement shall be more fully described and depicted on Exhibit "A", a copy of which
is attached hereto and made a part hereof.
TOGETHER WITH THE FOLLOWING RIGHTS: FACILITIES: Grantee has the right to construct,
reconstruct, operate, maintain, alter, inspect, patrol, protect, repair, replace, renew, enlarge, upgrade, relocate within
the above described right of way and easement, remove and replace poles, including cross -arms, conductors, wires,
insulators, and all other appurtenant equipment and fixtures, and string conductors, wires and cables, together with
the right to add to said facilities from time to time, for doing anything necessary or useful or convenient for the
enjoyment of the right of way and easement herein granted, also the privilege of removing at any time any or all of
said facilities erected on, over, under, through and across said lands of the Grantor.
BUILDINGS, STRUCTURES, OBSTRUCTIONS AND TREES IN EASEMENT: Grantee has the right in its
discretion to cut down, trim, and otherwise control, using herbicides or other means, and at the Grantee's option,
remove from said right of way and easement any and all trees, overhanging branches, brush, buildings, structures, or
other obstructions. Grantee shall also have the right to trim, cut down, remove, and otherwise control trees situated
on lands of the Grantor which adjoin the right of way and easement, when in the opinion of the Grantee those trees
may endanger the safety of, or interfere with the construction, operation or maintenance of said facilities.
INGRESS AND EGRESS: Grantee shall have the right of unobstructed access, at any and all times, over and
across the right of way and easement, and the right of ingress and egress in and over existing or future roads and
lanes and other reasonable routes outside the right of way and easement. In the event there is no existing road or lane
to the right of way and easement as provided for in this easement, the Grantor will provide a mutually agreed upon
reasonable ingress -egress route over the Grantor's lands, and any of the adjoining lands of the Grantor, for the
purpose of exercising and enjoying the rights granted.
It is understood and agreed between the parties hereto that:
The Grantor reserves the right to cultivate, pasture or otherwise use said lands in any way not inconsistent with the
rights herein granted. However, no building, structure, obstruction, advertising device, dumpster, light pole,
swimming pool, deep well, storage tank or hazardous/flammable material shall be erected, permitted, placed or
stored by the Grantor within the above described right of way and easement herein granted.
No mounding, fill, water impoundment or tree plantings shall be permitted within the right of way and easement
without the written permission of the Grantee.
HAWPDATAVOHN Llbosch 171 1906.doc
Grantee agrees to repair or pay the Grantor tut daina-e to siock, _rowing claIl;s, l't:i cs, gates, hi_Id tilt, dralnage
ways, drives, lawns, or Structures Caused by 01C G1,111leC III lhC eACrlISC UI Il1C I'Whk 11CICIII orantcd I 1,1fitte Jtlrrhk�l'
agrees to pay the prevailing market price Ior any marketahlc lne.,, c ul di)wii outside Ihw ab--,ve described figla of u,ly
and easerinent during con,,tructtt n or malntenank c of the ele�lrt, tr,wmnt»IVn, dl,,lilbllllun- and i;ulllnlurui,lm,n line
or lilies.
ihls InStlUnnent C011tallIS all IhC ;r;_'ICl'rfkCllla CCPIC)1Cd (A lllti)hcd 1-+ChkCCn Illc I)a OCl - hel-tin and S11,01 lnlllC hp Ili,-'
benefit of and be binding on tllClr rC?I?CLtI',C cw�.ut,lr>, adrll' al, 11 sijcLci'�or), al?IL'IIS
and invitees.
THE CI.1'Y OF SOUTI-I BEND
By and through its Board of Public Works
B y:
STATE Or INDIANA
COUNTY OF S'r JOSEPH SS
appeared
AT I-LST:
,�r�cretary
Before me, the undersigm-d l Not_ny Puhlll in .anal t-r SI J„ -ph l':-uurtr. Indian_I, hcrti m_�tl�
IM 1�,nally kllt)\111 k, 1 IhC n CIIII n ul IhC COY 01 ti„uth I3ctld.
Indiana, Board ul Publl, Works arid %cknna•1,:d,,7ed the cxr,um)n „I the 4, their %,4unt_Iry .tt-t and deed
WITNESS my hand and Notarial Seal this _ da) of ocwber 2004.
Nulary Public
('011111u.slon L xpires —
ri-Li5 INS -I RUMEN'r WAS PREPARL�D BY INDIANA MICHIGAN POWER COMPANY
11 MPDArAUUIIN lAbusrh_171=1906dui
Easement No, 17 F
Map No. 1906_
Line No. 92-181
South Bend — West Side 34.5 kV Line
City of South Bend
EXHIBIT "A"
LEGAL DESCRIPTION EASEMENT: A easement over the tract described in document number D W 7S'7 1
being a part of the.East half of the. Northwest Quarter of Section 10, Township. 37 North, Range 2 East, Portage
Township, St. Joseph County, South Bend Indiana, the centerline described as follows:
Starting at the southwest corner of lot number 52 as known and designated on the recorded plat of West End
Addition to. the. City of South Bend; thence.. south 00 degrees 34. minuted 52 seconds east, 9„7.32 :feet. along the
southerly extension of west line of said lot number 52 to the place ofbeginning; thence south 65 degrees 21
minutes 00 seconds east, 93.50 feet; thence south 24 degrees 39 minutes 00 seconds west, 22.45 feet; thence
north 69 degrees 20 minutes 35 seconds west, 40.55 feet; thence south 29 degrees 09 minutes 33 seconds west,
40.85 feet to the northerly right-of-way line of the Penn Central Railroad; thence north 65 degrees 21 minutes 00
seconds west, 18.73 feet along said northerly right -Of way line to the east right-of-way line of Meade street;
thence north 00 degrees 43 minutes 52 seconds west, 72.96 feet along said east ri-ht-of-way line to the place of
beginning. Containing therein 0.08 acres more or less.
This description was prepared by Stoody Associates, Professional Land Surveyors, 121 E. Market St., Bluffton,
Indiana at the request of, Indiana Michigan Power Company on October 5, 2004.
City of South Bend -
Indiana Michigan Power Co. Shcet I of 2 File No. 165
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