HomeMy WebLinkAbout#2955- Deed; RIGHT OF WAY AND EASEMENT To City of South Bend - 1) Lots 18, 35, 70 and 87 in Kaley's 1st Add; 2) Lot 122 in Kaley's 2nd Add; 3) Lot 95 in West End Add2
RIGHT OF WA
55
AND EASEMENT
From Indiana Michigan Power
To City of South Bend
1) Lots 18, 35, 70 and 8d AdKdaley's 1st Add;
2) Lot 122 in Kaley s
3) Lo in West End Add -- -- --
Easement No. 17-D 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 9 day of At&,Zv2004, by and between
THE CITY OF SOUTH BEND, INDIANA, by and through 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 I 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 to overhang
with pole cross -arms, insulators, wires, 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. 10, Township No. 37-North, Range No. 2-East.
Lots Number 18, 35, 70 and 87 in Kaley's I" to the City of South Bend, Indiana
Lot Number 122 in Kaley's 2nd Addition to the City of South Bend, Indiana
Lot Number 95 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 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 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.
HAWPDATAUJOHN Ubosch_17D1906.doc EXHIBIT G°D"
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 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
ATTEST:
By: 6/ a d1c - I - - - -14avw
Secre, ry
By: (�z
STATE OF INDIANA
COUNTY OF ST. JOSEPH: SS
Before me, the undersigned, a Notary Public in ard for St. Joseph County, Indiana, personally
appeared1�6lLCJ3 :ra-c' Ql/1 t .it` i U 114 -4_ i 1
, personally known to be the members of the City of South Bend,
Indiana, Board of Redevelopment and acknowledged the execution of the foregoing as their voluntary act and deed.
WITNESS my hand and Notarial Seal this L day of 4, 2V(!t 1 2004.
No ry Public/
C fission Expires:
THIS INSTRUMENT WAS PREPARED BY INDIANA MICHIGAN POWER COMPANY
H:1WPDATA\JOHN Ubosch_17D1906.doc EXHIBIT G1D"
Easement No. 17 D
Map No. 1906
Line No. 92-181
South Bend — West Side 34.5 kV Line
City of South Bend.
EXHIBIT "A"
LEGAL DESCRIPTION EASEMENT AREA # 6. An electric easement over Lots number 18, 35, 70 and
87 in KaIey's I" Addition to the City of South Bend, Indiana, Lots number 95, and 122 in Kaley's 2nd
Addition to the City of South Bend, Indiana, described as follows:
7 feet of even width off of the entire east side of the above described lots.
Lots number 81 and 88 and the vacated alley running east and west between said lots 81 and 88 in West
End Addition to the City of South Bend, Indiana, described as follows:
11 feet of even width off of the entire east side 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.
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