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Home My WebLink About#2954- Deed; RIGHT OF WAY FOR BENDIX RELOCATION, Lot No. 17 as Shown on Recorded Plat of Kaley's 1st Sub to City of South Bend, Recorded July 16, 1900 in Plat Book 7, Page 739Y 2�5/4 RIGHT OF ENTRY Lot 17 Kaley's Sub 1/27/05 2602 Linden South Bend, IN 46628 From I&M Description: Lot No. 17 as Shown on Recorded Plat of Kaley's I" Sub. To City of South Bend, Recorded July 16, 1900 in Plat Book 7, page 73 -mVi;1 1 � Ro es-d— �� I t.i l rf Aj , t: Easement No. 17C Map No. 1906 Line No. 92-181 South Bend -West Side Work Order: 4045990406 RIGHT OF ENTRY THIS RIGHT OF ENTRY made this 1 day of �� 005, by and between The City of South Bend, Indiana by and through its Board of Public Works, whose address s: 1316 County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601, herein called "City", 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 "Company". WITNESSETH: Company is contemplating construction work on a transmission line, which will require acquisition of right of way across lands and/or other interest in lands of the Undersigned in State of Indiana, St. Joseph County, Portage Township, Section No. 10, Township No. 37-North, Range No. 2-East, and it is necessary that such construction be commenced immediately due to the urgency to and that the construction of the electric transmission line not be delayed, and that certain questions have arisen in the pending negotiations between the Company and the City, which will require additional time and consideration by both parties, and that the construction of the electric transmission line be not delayed. It is understood and agreed that: The City does hereby grant a right of entry on and across its interest in any lands affected by the line which is shown on Exhibit "A" and reserves the right to use the right of way in anyway that is not inconsistent with the rights previously granted by the Deed of Easement identified as Exhibit "B", copies of Exhibits are attached hereto and made a part hereof. It is agreed that City will use its best efforts to finalize the acquisition of said property and approval of said right of entry at its meeting of January 27, 2005 and subjection has a high probability of passage. IN PARTICULAR THIS RIGHT OF ENTRY COVERS LOT NUMBERED SEVENTEEN (17) AS SHOWN ON THE RECORDED PLAT OF KALEY'S 1ST SUBDIVISION TO THE CITY OF SOUTH BEND, INDIANA, RECORDED JULY 16, 1900 IN PLAT BOOK 7, PAGE 73 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY INDIANA. Commonly known as: 2602 Linden, South Bend, Indiana 46628. The City, for valuable consideration, received an Assignment of Judgment dated October 19, 2004 from Mortgage Electronic Registration Systems, Inc., as nominee for Deutsche Bank Trust Company Americas f/kfa Bankers Trust Company, as Trustee conveying and assigning all its right, title and interest and to a certain judgment pertaining to said Lot 17 obtained in the St. Joseph Circuit Court under Cause No. 7IC01-0311-MF-00984 on April 7, 2004. The City expects to finalize its acquisition of title to this Property on Thursday, February 17, 2005 at 10:00 a.m. at which time the Sheriff of St. Joseph County will offer the Property for public sale, subject to the judgment assigned to the City of South Bend. The City has a high probability of acquiring this Property at the Sheriff's Sale due to the high value of the judgment it acquired. This right of entry shall permit the Company through its employees, agents and contractors to proceed with the construction of the electric transmission line and do such acts thereon as would be permitted if the right of way had actually been obtained. The City waives no right to make claims for any damages for any acts, which would normally be the basis for an action for damages. Any payments made under the provisions of this agreement will not be construed as an impairment of the rights of the Company under the laws of eminent domain. This agreement contains all the terms and conditions of this right of entry express or implied, between the said parties hereto and shall be binding upon and inure to the benefit of the Company and City and their respective representatives, heirs, successors, assigns, lessees, Licensees and invitees. THE CITY OF SOUTH BEND By and Through its BOARD OF PUBLIC WORKS ATTEST: BY: �'WLLZ6 Secretary Its: APPROVED Board of Public Works w\WPDATA\tOHN Llrightentry_E17CM1906.doc LoSEM L&rT Ea 5 — z.s' oll Lc3T D,rn�n151oa5_ , -� 7 �o a7 x I z a' ILoLELI'S KT' L1oa Lcrr q 5 ,Iq uo' x I I[" a Q t Lora 81, az BB,a4 4a' X I w a a Q � r SCLLF- 54 I m n i's elF-L,l TaeJ isSraJ � J �w �2 J w ILL' AL-tiy sA CI-Tt4 ot: -So_rpt QEJJD _ 1tialLjJo /-%IILvIGo,`1 31�1Ea 5r-IGF--T ?a: SILL 1(a5 Easement No. 17-C Map No. 1906 Line: 92-181 South Bend -West Side Work Order: 4045990406 RIGHT OF WAY AND EASEMENT THIS RIGHT OF WAY AND EASEMENT, made this day of September, 2 CITY OF SOUTH BEND, INDIANA, by and through its Department of Redevelopmentt,,4herein n alledwGrantor", whether one or more persons, and INDIANA MICHIGAN POWER COMPANY an Indiana Corporation, whose business address is I Riverside Plaza, Columbus, Ohio 43215, herein called "Grantee". WITNESSETI-I: 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 to overhang with pole cross -arms, insulators, wires, guy wires, anchor and anchoring systems and related fixtures and equipment which includes, 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. I0, Township No. 37-North, Range No. 2-Cast. And being more fully described as follows: Lots Number 17, 36, 69 and 88 in Kaley's I" to the City of South Bend, Indiana Lot Numbers 96, 121 and 122 in Kaley's 2nd Addition to the City of South Bend, Indiana Lot Numbers 82 and 89 in West End Addition to the City of South Bend, Indiana 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 rile 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 cross -arms, conductors, wires, insulators, guy wires, anchors, anchoring systems 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 tine 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 [lint: 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 file Grantor within the above described right of way and easement herein granted. t-I:IMTERNALVtMEAS%osch 17C1906.doc — EXI-II)3I'I' "C„ No mounding, till, water impoundment or tree plantings shall be permitted within the right of way all(l easement without the written permission of the Grantee. Grantee agrees to repair or pay the Grantor for damage to stock, growing crops, fences, gates, field tile, drainage ways, drives, lawns, or structures caused by the Grantee in the exercise of titre 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 Department Of Redevelopment By: ,w— By: By: STATE OF INDIANA COUNTY OF ST. JOSEPH: SS appeared Before me, the undersigned, a Notary Public in and for St, Joseph County, Indiana, personally City nd Indiana, H3oard of Redevelopment and acknowledged the execution of tile foregoing as their viol ntary actofSouth nd d ed. WITNESS my hand and Notarial Seal this _ day of September 2004. W� 9~} Notary public Commission Expires: THIS INSTRUMENT WAS PREPARED BY INDIANA MICHIGAN POWER COMPANY I- 1:""TERNAL1RMEASIbosclr 17C1906.doc SIC H E R RXI-11131T "C" Easement No. 17 C Map No. 1906 Line No. 92-I81 South Bend — West Side 34.5 kV Line City of South Bend. EXHIBIT "A" LEGAL DESCRIPTION EASEMENT AREA # 4: An electric easement over Lot number 121 and 122 in Kaley's 2"d Addition to the City of South Bend, Indiana, described as follows: Starting at the intersection of the present west right-of-way line of Meade Street with the present south right-cf- way line of Bertrand Avenue; thence southerly, 53.31 feet along said Meade Street west right-of-way line to the new easterly right-of-way line of Bertrand Avenue as shown on the relocation plans for Bendix Drive; thence northwesterly, 70.81 feet along a non tangent curve, whose radius is 315.00 feet and falls southwesterly, whose chord is 70.66 feet and whose central angle is 12 degrees 52 minutes 44 seconds to the north right-of-way line of said Bertrand Avenue; thence easterly, 46.26 feet along said north right-of-way line to the point of terminus, Containing 0.02 acres more or less. LEGAL DESCRIPTION EASEMENT AREA # 5: An electric easement over Lots number 17, 36, 69 and 88 in Kaley's 1" Addition to the City of South Bend, Indiana, Lots number 96 and 121 in Kaley's 2"d Addition to the City of South Bend, Indiana and Lots number 82 and 89 in West End Addition to the City of South Bend, Indiana, described as follows: That entire portion of the above described lots lying west of the new Mead Street right-of-way as shown on the relocation plans for Bendix Drive and the west line of the above described lots. 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 September 3, 2004. City of South Bend - Indiana Michigan Power Co. 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