HomeMy WebLinkAbout#2956- Deed; RIGHT OF WAY AND EASEMENT To City of South Bend - 1) Lots 17, 36, 69 & 88 in Kaley's 1st Add; 2) Lots 121 & 122 in Kaley's 2nd Add; 3) lots 82, 89, & 96 in West End Addz
RIGHT OF WA AND EASEMENT
From Indiana Michigan Power
To City of South Bend
1) Lots 17, 36, 69 & 88 in Kaley's 1 st Add;
2) Lots 121 & 122 in Kaley's 2nd Add;
3) Lots 82, 89, & 96 in West End Add
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.
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
BY:
B y. !'G
STATE OF INDIANA
COUNTY OF ST. JOSEPH: SS
ATTEST:
Secret y
Before me, the undersigned, a Notary Pub in a d for St. Joseph County, Indiana, personally
appeared
, personally known to be. the members of the City of South Bend,
Indiana, Board of Red and acknowledged the execution of the foregoing as their voluntary act and deed.
WITNESS my hand and Notarial Seal this L day o 2004.
j'NtaTyiSPu lic
msion Expires: l
THIS INSTRUMENT WAS PREPARED BY INDIANA MICHIGAN POWER COMPANY
HAWPDATAUGHN L\bosch_17C1906.doc EXIIIBIT "C"
Easement No. 17 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 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-of-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 I" Addition to the City of South Bend, Indiana, Lots number 121 in Kaley's 2"d Addition to
the City of South Bend, Indiana and Lots number 82, 89 and 96 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 Meade 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.
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.
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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 casement herein granted.
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rights herein granted. However, no building, structure, obstruction, advertising device, dumpster, light pole,
swimming pool, deep well, storage tank or hazardous/fla]TImable material shall be erected, permitted, placed or
stored by the Grantor within the above described right of way and easement herein granted.
HAWPDATAUOFIN L%bosch_17C1906.dac EXHIBIT "C„