HomeMy WebLinkAbout#2961- Deed; WATER MAIN EASEMENT WATER MAIN & SANITARY SEWER EASEMENT SANITARY SEWER EASEMENT Irish Crossing Easement2 1
4/7/2005
Water Main Easement / Water Main &
Sanitary Sewer Easement
LOT NO.
SUB: Irish Crossings Easement Dedication
Danch, Harper & Associates,
2422 Viridian Dr Ste 201
Description:
Irish Crossing Easement
1316 COUNTY -CITY BUILDING
227 W. JEFFERSoN BouLEvARD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
August 2, 2005
Mr. J. Scott Miller
Danch, Hamer & Associates, Inc.
2422 Viridian Drive, Suite 201
South Bend, Indiana 46628
RE: Irish Crossings Easement Dedication
Water Main and Sanitary Sewer Easements
Dear Mr. Miller:
PHONE 574/ 235-9251
FAx 574/235-9171
TDD 574! 235-5567
The Board of Public Works recorded the above referred to Water Main and Sanitary Sewer
Easements for Irish Crossings. Copies are enclosed for your records.
If you should have any questions, please contact me at 235-9251.
Sincerely,
Angela K. Jacob, Clerk
Enclosures
GARYA. GIrOT, P.E. CARL P. LdTTRELL, P.E. DONALD E. INKS
PRESIDENT MEMBER MEMBER
�J iv � l5oar� Of -
WATER MAIN EASEMENT
,.._v ::�.. ? .__v il..
RECORDED ON
04/26/2005 00:45:58PIl
Tr111-RI J. iRETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $13.00
PAGES: 3
THIS INDENTURE, MADE AND ENTERED INTO THIS __7 - DAY OF , 2005,
BY AND BETWEEN IRISH CROSSINGS DEVELOPMENT LLC, PART' O THE
FIRST PART; AND THE CITY OF SOUTH BEND, A BODY CORPORATE AS
AUTHORIZED BY THE CONSTITUTION OF THE STATE OF INDIAN ACTING
BY AND THROUGH ITS BOARD OF PUBLIC WORKS, PARTY OF THE SECOND
PART;
WITNESSETH:
FOR AND IN CONSIDERATION OF THE SUM OF ONE ($1.00) DOLLAR PAID TO
THE FIRST PARTY, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED,
FIRST PARTY DOES HEREBY GRANT, BARGAIN, CONVEY AND ASSIGN
UNTO SECOND PARTY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE,
PERPETUAL AND PERMANENT EASEMENT AND RIGHT OF WAY UNDER,
THROUGH AND ACROSS A CERTAIN PIECE OR PARCEL OF LAND SITUATED
IN IRISH CROSSINGS, THE PIECE OR PARCEL OF LAND BEING OWNED BY
FIRST PARTY IN FEE SIMPLE AND THE EASEMENT COVERING A STRIP OF
LAND BEING SPECIFICALLY DESCRIBED AS FOLLOWS:
FEE DESCRIPTION:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31,
TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA WHICH IS DESCRIBED AS: LOTS 17 THROUGH 21,
THE NORTH 119.6 FEET OF LOT 28 AND ALL OF LOTS 29 THROUGH 32
OF THE PLAT OF "VANESS PLAT" AS RECORDED IN PLAT BOOK NO. I I
ON PAGE NO. 13 IN THE RECORDS OF THE ST. JOSEPH COUNTY,
INDIANA RECORDER'S OFFICE.
EASEMENT DESCRIPTION:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 21 IN THE PLAT
OF "VANESS PLAT" AS RECORDED IN PLAT BOOK NO. I I ON PAGE
NO. 13 IN THE RECORDS OF ST. JOSEPH COUNTY, MINNA,
RECORDER'S OFFICE; THENCE NORTH 00 DEGREES 20 MINUTES 52
SECONDS EAST ALONG THE WESTERLY LINE OF SAID LOT 21, 56.18
WATER EASEMENT
IRISH CROSSINGS DEVELOPMENT, LLC
FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION: THENCE
CONTINUING NORTH 00 DEGREES 20 MINUTES 52 SECONDS EAST
ALONG SAID WESTERLY LINE 20.00 FEET; THENCE SOUTH 89
DEGREES 48 MINUTES 19 SECONDS EAST A DISTANCE OF 127.00 FEET;
THENCE SOUTH 00 DEGREES 20 MINUTES 52 SECONDS WEST A
DISTANCE OF 20.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 19
SECONDS WEST A DISTANCE OF 127.00 FEET TO THE POINT OF
BEGINNING. CONTAINING 0.058 ACRES MORE OR LESS.
This easement and right of way shall be for the purpose of the construction and installation of a water main,
including appurtenant valves, hydrants, manholes, and accessories under, through and across the above
described easement and right of way, for the purpose of maintaining, repairing, replacing, reinstalling,
operation, inspection and keeping in working order the water main that is running under, through and
across the above described easement and right of way.
Said easement and right of way shall include the right to enter upon sufficient land adjacent to said
easement and right of way, owned by first party, as is required for the construction, installation,
maintenance, repair, replacement, reinstallation, operation and inspection of said water main together with
the right to install intersection laterals and services therein.
TO HAVE AND TO HOLD this easement and right of way under, through and across the above described
piece or parcel of land unto second party, its successors and assigns, for the use and benefit of second party,
its successors and assigns, FOREVER. First party warrants that it has the right and authority to grant this
easement and right of way, and that if there are any other prior lien holders thereon, they have consented to
the Easement by written consent attached hereto, and will hold such lien subject to the provisions of this
Easement.
This easement and right of way shall include, but not be limited to, the right to enter upon the above
described easement and right of way at any time that the second party shall see fit for the purpose of
maintaining, repairing replacing, reinstalling and inspecting its water mains across, through and under the
above described piece or parcel of land, together with the right to excavate a trench or ditch for the location
of said water main and with the further right to remove trees, brush and undergrowth and other obstructions
situated upon the above described piece of parcel of land interfering with location, construction,
maintenance or repair of said water main. Second party, as a consideration for the granting of the right to
construct and install said water main, shall be obligated to rill and grade to ground level the trench or ditch
occupied by said water main and to restore any ditches, parking areas, shrubs or grass to their former
condition insofar as is reasonably possible. Second party does further covenant and agree that in the event
it shall at any time become necessary to enter upon the above described piece or parcel of land for the
purpose of maintenance, repair, replacement or reinstallation of said water main, it shall return said piece or
parcel of land to like condition as before such maintenance or repair upon the completion of said
maintenance, repair, replacement or reinstallation insofar as is reasonably possible.
Second party agrees to fully indemnify, save and keep harmless first party from any and all claims for
damage to real and personal property and injuries or death suffered by persons in any manner caused by or
growing out of the construction, installation or presence of said water main under and across the piece of
parcel of land of first party. First party agrees that it will not construct a building, structure or other
permanent improvement on said easement and right of way without first obtaining the written consent of
second parry.
The pronouns and relative words herein are primarily written in the masculine and singular. If more than
one join in, or be either of the feminine sex or a business entity, such words shall be read as if written in
plural, feminine or neuter, respectively.
WATER EASEMENT
IRISH CROSSINGS DEVELOPMENT, LLC
IN S1 WHEREOF, first party has caused these presents to be signed the day and year first above
written. j
STATE OF _ Ii i G ►-2 )
�J�4�4 ) ss.
COUN"1 Y OI~
On this '�4 day of qprl 1 Z 05, IN* nic a otary Public in and for said County,
personally appeared t7 , a �'� S <:�'evS57 4ifo i%'l9
to me known to be the same person described in and who executed the within instrument. who
acknowledged the same to his free act and deed.
J. 74
a e�eea•eee `�lJ
•
e
�7 FF Notary Public County, / i cr
A : PUBLIC eq a
e
My Commission Expires: _ j Z �C 7
Prepared by: P
Danch, Harner & Associates, Inc.
2422 Viridian Drive, Suite 201
South Bend, IN 46628
��I'RROVED
F'oarrl of public �%
RECORDED ON
04/26/200-1 022:45:58PM
TERRI J. RETHLAI<E
ST. JOSEPH COUNTY
RECORDER
REC FEE: $13.00
FORGES: 3
WATER MAIN EASEMENT
THIS .INDENTURE, MADE AND ENTERED INTO THIS
BY AND BETWEEN IRISH CROSSINGS DEVELOPMENT C. DAY
THE
,1
FIRST PART; AND THE CITY OF SOUTH BEND, A BODY CORPORATE AS
AUTHORIZED BY THE CONSTITUTION OF THE STATE OF INDIANA, ACTING
BY AND THROUGH ITS BOARD OF PUBLIC PART; WQRKS, PARTY OF THE SECOND
WITNESSETH:
FOR AND IN CONSIDERATION OF THE SUM OF ONE ($1.00) DOLLAR PAID TO
THE FIRST PARTY, TIC RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED,
FIRST PARTY DOES HEREBY GRANT, BARGAIN
UNTO SECOND PARTY, ITS SUCCESSORS AND ASSIGNSS,, A ON EX LUSAND ASSIGN
IVE,
PERPETUAL AND PERMANENT EASEMENT AND
HTHROUGH AND ACROSS A CERTAIN PIECE OR PARCEL OFL AND SITUADTED
IN HUSH CROSSINGS, THE PIECE OR PARCEL OF LAND BEING OWNED BY
FIRST PARTY IN FEE SIMPLE AND THE EASEMENT COVERING A STRIP OF
LAND BEING SPECIFICALLY DESCRIBED AS FOLLOWS:
FEE DESCRIPTION:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31,
TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA WHICH IS DESCRIBED AS: LOTS 17 THROUGH 21
THE NORTH 119.6 FEET OF LOT 28 AND ALL OF LOTS 29 THROUGH 32
OF THE PLAT OF "VANESS PLAT" AS RECORDED IN PLAT BOOK NO. I 1
ON PAGE NO. I3 IN THE RECORDS OF THE ST. JOSEPH COUNTY,
LIANA RECORDER'S OFFICE.
EASEMENT DESCRIPTION:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 21 IN THE PLAT
OF "VANESS PLAT" AS RECORDED IN PLAT BOOK NO. .I I ON PAGE
NO. 13 IN THE RECORDS OF ST. JOSEPH COUNTY, INDIAN
RECORDER'S OFFICE; THENCE NORTH 40 DEGREES 20 MINUTES 52
SECONDS EAST ALONG THE WESTERLY LINE OF SAID LOT 2I 56.
> 18
k' jI —11 _n ^", ,.Ili
RECORDED ON
04/26/2005 02:45:58pM
TERRI J. RETIILAI,E
ST. JOSEPH COUNTY
RECORDER
R1=C FEE. $13.00
WAGES: 3
WATER MAIN EASEMENT
THIS INDENTURE, MADE AND ENTERED INTO THIS
BY AND BETWEEN IRISH CROSSINGS DEVELOPMENT DAY
T 05,
FIRST PART, AND THE CITY OF SOUTH BEND A BODY CORPORATE THE
AUTHORIZED BY THE CONSTITUTION OF THE STATE OF IND�A, BY AND THROUGH ITS .BOARD OF PUBLIC WORKSACTING
, PARTY OF THE SECOND
PART;
WITNESSETH:
FOR AND IN CONSIDERATION OF THE FIRST THE SUM OF ONE ($1, 00) DOLLAR PAID TO
PARTY, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED,
FIRST PARTY DOES HEREBY GRANT BARGAIN CONVEY AND ASSIGN
UNTO SECOND PARTY, ITS SUCCESSORS AND ASSIGNS, ANON -EXCLUSIVE
PERPETUAL AND PER11%CANENT EASEMENT AND
THROUGH AND ACROSS A CERTAIN PIECE OR PARCELHOFOLA DA ITUATED
IN MIS CROSSINGS, THE PIECE OR PARCEL OF LAND BEING OWNED BY
FIRST PARTY IN FEE SIMPLE AND THE EASEMENT COVERING A STRIP OF
LAND BEING SPECIFICALLY DESCRIBED AS FOLLOWS:
FEE DESCRIPTION:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31,
TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA WHICH IS DESCRIBED AS: LOTS 17 THROUGH 21,
THE NORTH 1 I9.6 FEET OF LOT 28 AND ALL OF LOTS 29 THROUGH
OF THE PLAT OF "VANESS PLAT AS RECORDED IN PLAT BOOK NO3 I I
ON PAGE NO, 13 IN THE RECORDS OF THE ST. JOSEPH COUNTY,
MlANA RECORDER'S OFFICE.
EASEMENT DESCRIPTION:
COMMENCING AT THE SOUTH-WEST CORNER OF LOT 21 IN THE PLAT
OF "VANESS PLAT" AS RECORDED IN PLAT BOOK NO. I 1 ON .PAGE
NO. 13 IN THE RECORDS OF ST. JOSEPH COUNTY, INDIAN
RECORDER'S OFFICE; THENCE NORTH 00 DEGREES 20 MINUTES
SECONDS EAST ALONG THE WESTERLY LINE OF SAID LOT 21 56.18
.18
WATER EASEMENT
HUSH CROSSINGS DEVELOPMENT, LLC
IN WTI
WHEREOF, first party has caused these presents to be signed the day and year first above
ST ATE OF
COUNTY OF ' J-0 T )
ss.
On this !Tr day of n 2 5, be e a otary� Public ,in and for said County,
personally appeared rl f o ,- rl
LLG
to me known to be the same person described in and who executed the within instrument, who
acknowledged the same to be his free act and deed.
��liflluygyyei
`� • •.eeeveee�e•• • / Gr A
.• NOTARYNotary Public at, County,
:• PUBLIC
9 ••� My Commission Expires: %, Z ZED%
Prepared by:
Danch, Harner & Associates, Inc.
2422 Viridian Drive, Suite 201
South Bend, IN 46628
Board of Public 7Vor.,s
(f �
RECORDED 011
f �-- 04/26/2005 02:45:57PM
T'ERRI J. RETHLAKE
l S ST. JOSEV'I-I C00TY
RECORDER
REC FEE: $13.00
PAGES: 3
WATER MAIN & SANITARY SEWER EASEMENT
THIS INDENTURE, MADE AND ENTERED INTO THIS j DAY OF 2005,
BY AND BETWEEN IRISH CROSSINGS DEVELOPMENT, LLC, PARTV dF THE
FIRST PART; AND THE CITY OF SOUTH BEND, A BODY CORPORATE AS
AUTHORIZED BY THE CONSTITUTION OF THE STATE OF INDIANA, ACTING
BY AND THROUGH ITS BOARD OF PUBLIC WORKS, PARTY OF THE SECOND
PART;
WITNESSETH:
FOR AND IN CONSIDERATION OF THE SUM OF ONE ($1.00) DOLLAR PAID TO
THE FIRST PARTY, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED,
FIRST PARTY DOES HEREBY GRANT, BARGAIN, CONVEY AND ASSIGN
UNTO SECOND PARTY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE,
PERPETUAL AND PERMANENT EASEMENT AND RIGHT OF WAY UNDER,
THROUGH AND ACROSS A CERTAIN PIECE OR PARCEL OF LAND SITUATED
IN IRISH CROSSINGS, THE PIECE OR PARCEL OF LAND BEING OWNED BY
FIRST PARTY IN FEE SIMPLE AND THE EASEMENT COVERING A STRIP OF
LAND BEING SPECIFICALLY DESCRIBED AS FOLLOWS:
FEE DESCRIPTION:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31,
TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA WHICH IS DESCRIBED AS: LOTS 17 THROUGH 21,
THE NORTH 119.6 FEET OF LOT 28 AND ALL OF LOTS 29 THROUGH 32
OF THE PLAT OF "VANESS PLAT" AS RECORDED IN PLAT BOOK NO. 11
ON PAGE NO. 13 IN THE RECORDS OF THE ST. JOSEPH COUNTY,
INDIANA RECORDER'S OFFICE.
EASEMENT DESCRIPTION:
CONM EENCING AT THE SOUTHEAST CORNER OF LOT 28 IN THE PLAT
OF "VANESS PLAT" AS RECORDED IN PLAT BOOK NO. I 1 ON PAGE
NO. 13 IN THE RECORDS OF ST. JOSEPH COUNTY, INDIANA,
RECORDER'S OFFICE; THENCE NORTH 00 DEGREES 22 MINUTES 34
SECONDS EAST ALONG THE EASTERLY LINE OF SAID LOT 28, 11.15
WATER MAIN & SANITARY SEWER EASEMENT
HWI CROSSINGS DEVELOPMENT, LLC
FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION: THENCE
NORTH 89 DEGREES 52 MINUTES 34 SECONDS WEST A DISTANCE OF
147.00 FEET; THENCE NORTH 00 DEGREES 22 MINUTES 34 SECONDS
EAST A DISTANCE OF 55.81 FEET; THENCE NORTH 44 DEGREES 52
MINUTES 34 SECONDS WEST A DISTANCE OF 20.06 FEET; THENCE
NORTH 00 DEGREES 22 MINUTES 34 SECONDS EAST A DISTANCE OF
399.96 FEET; THENCE NORTH 44 DEGREES 37 MINUTES 26 SECONDS
WEST A DISTANCE OF 30.57 FEET; THENCE NORTH 89 DEGREES 49
MINUTES 22 SECONDS WEST A DISTANCE OF 226.67 FEET; THENCE
SOUTH 45 DEGREES 10 MINUTES 38 SECONDS WEST A DISTANCE OF
29.81 FEET; THENCE SOUTH 00 DEGREES 20 MINUTES 52 SECONDS
WEST A DISTANCE OF 425.15 FEET; THENCE NORTH 89 DEGREES 48
MINUTES 19 SECONDS WEST A DISTANCE OF 34.25 FEET; THENCE
NORTH 00 DEGREES 20 MINUTES 52 SECONDS EAST A DISTANCE OF
480.47 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 22 SECONDS
EAST A DISTANCE OF 337.82 FEET; THENCE SOUTH 00 DEGREES 22
MINUTES 34 SECONDS WEST A DISTANCE OF 460.81 FEET; THENCE
SOUTH 44 DEGREES 52 MINUTES 34 SECONDS EAST A DISTANCE OF
48.52 FEET; THENCE SOUTH 89 DEGREES 52 NIINUTES 34 SECONDS
EAST A DISTANCE OF 92.54 FEET TO THE EASTERLY LINE OF LOT 28
OF SAID "VANESS PLAT"; THENCE SOUTH 00 DEGREES 22 MINUTES 34
SECONDS WEST ALONG SAID EASTERLY LINE A DISTANCE OF 29.75
FEET TO THE POINT OF BEGINNING. CONTAINING 1.092 ACRES MORE
OR LESS.
This easement and right of way shall be for the purpose of the construction and installation of a water main
and sanitary sewer, including appurtenant valves, hydrants, manholes, and accessories under, through and
across the above described easement and right of way, for the purpose of maintaining, repairing, replacing,
reinstalling, operation, inspection and keeping in working order the water main that is running under,
through and across the above described easement and right of way.
Said easement and right of way shall include the right to enter upon sufficient land adjacent to said
easement and right of way, owned by first party, as is required for the construction, installation,
maintenance, repair, replacement, reinstallation, operation and inspection of said water main together with
the right to install intersection laterals and services therein.
TO HAVE AND TO HOLD this easement and right of way under, through and across the above described
piece or parcel of land unto second party, its successors and assigns, for the use and benefit of second party,
its successors and assigns, FOREVER First party warrants that it has the right and authority to grant this
easement and right of way, and that if there are any other prior lien holders thereon, they have consented to
the Easement by written consent attached hereto, and will hold such lien subject to the provisions of this
Easement.
This easement and right of way shall include, but not be limited to, the right to enter upon the above
described easement and right of way at any time that the second party shall see fit for the purpose of
maintaining, repairing replacing, reinstalling and inspecting its water mains across, through and under the
above described piece or parcel of land, together with the right to excavate a trench or ditch for the location
of said water main and with the further right to remove trees, brush and undergrowth and other obstructions
situated upon the above described piece of parcel of land interfering with location, construction,
maintenance or repair of said water main. Second party, as a consideration for the granting of the right to
construct and install said water main, shall be obligated to fill and grade to ground level the trench or ditch
WATER MAIN &, SANITARY SEWER EASEMENT
1RISII CROSSINGS DEVELOPMENT, LLC
occupied by said water train and to restore any ditches. parking areas, shrubs or grass to their former
condition insofar as is reasonably possible. Second party does further covenant and agree that in the event
it shall at any time become necessary to enter upon the above described piece or parcel of land for the
purpose of maintenance, repair, replacement or reinstallation of said water main, it shall return said piece or
parcel of land to like condition as before such maintenance or repair upon the completion of said
maintenance, repair, replacement or reinstallation insofar as is reasonably possible.
Second party agrees to fully indemnify, save and keep harmless first party from any and all claims for
damage to real and personal property and injuries or death suffered by persons in any manner caused by or
growing out of the construction, installation or presence of said water main under and across the piece of
parcel of land of first party. First party agrees that it will not construct a building, stricture or other
permanent improvement on said easement and right of way without first obtaining the written consent of
second party.
The pronouns and relative words herein are primarily written in the masculine and singular. If more than
one join in, or be either of the feminine sex or a business entity, such words shall be read as if written in
plural, feminine or neuter, respectively.
IN WITNESS WHEREOF, first party has caused these presents to be signed the day and year first above
written./
i
Witness:
' ll
t YYtf'Jer
STATE OF � t cr it,'
COUNTY OF • J
On this [ `i'h day +• 200
personally appeared } r U
to me known to be the same person described
acknowledgrAahe.same to be his free act and deed.
NOTARY
PUBLIC •z
OF ti
Prepared by:
Danch, Harner & Associates, Inc.
2422 Viridian Drive, Suite 201
South Bend, IN 46628
ss.
me arNotary Publ}}'c in and fpr said County,
1'1 C- . �.v�Ic7DMneyl, '_t-Ll-- —
within instrument. who
County,
APPROY D
Board of Public
RECORDED ON
04/26/2005 02:45:57PIM
TERRI J. RETFII_AKE
ST. JOSEPH COUNTY
RECORDER
REC FETE: $13.00
PAGES: 3
WATER MAIN & SANITARY SEWER EASEMENT
THIS INDENTURE, MADE AND ENTERED INTO THIS __Z DAY OF . 2005,
BY AND BETWEEN IRISH CROSSINGS DEVELOPMENT, LLC, PARTV dF THE
FIRST PART; AND THE CITY OF SOUTH BEND, A BODY CORPORATE AS
AUTHORIZED BY THE CONSTITUTION OF THE STATE OF INDIANA, ACTING
BY AND THROUGH ITS BOARD OF PUBLIC WORKS, PARTY OF THE SECOND
PART;
WITNESSETH:
FOR AND IN CONSIDERATION OF THE SUM OF ONE ($1.00) DOLLAR PAID TO
THE FIRST PARTY, THE RECEIPT OF WFIICH IS HEREBY ACKNOWLEDGED,
FIRST PARTY DOES HEREBY GRANT, BARGAIN, CONVEY AND ASSIGN
UNTO SECOND PARTY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE,
PERPETUAL AND PERMANENT EASEMENT AND RIGHT OF WAY UNDER,
THROUGH AND ACROSS A CERTAIN PIECE OR PARCEL OF LAND SITUATED
IN IRISH CROSSINGS, THE PIECE OR PARCEL OF LAND BEING OWNED BY
FIRST PARTY IN FEE SIMPLE AND THE EASEMENT COVERING A STRIP OF
LAND BEING SPECIFICALLY DESCRIBED AS FOLLOWS:
FEE DESCRIPTION:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31,
TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA WHICH IS DESCRIBED AS: LOTS 17 THROUGH 21,
THE NORTH 119.6 FEET OF LOT 28 AND ALL OF LOTS 29 THROUGH 32
OF THE PLAT OF "VANESS PLAT" AS RECORDED IN PLAT BOOK NO. 11
ON PAGE NO. 13 IN THE RECORDS OF THE ST. JOSEPH COUNTY,
INDIANA RECORDER'S OFFICE.
EASEMENT DESCRIPTION:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 28 IN THE PLAT
OF "VANESS PLAT" AS RECORDED IN PLAT BOOK NO. l I ON PAGE
NO. 13 IN THE RECORDS OF ST. JOSEPH COUNTY, INDIANA,
RECORDER'S OFFICE; THENCE NORTH 00 DEGREES 22 MINUTES 34
SECONDS EAST ALONG THE EASTERLY LINE OF SAID LOT 28, 11.15
WATER MAIN & SANITARY SEWER EASEMENT
IRISH CROSSINGS DEVELOPMENT, LLC
FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION: THENCE
NORTH 89 DEGREES 52 MINUTES 34 SECONDS WEST A DISTANCE OF
147.00 FEET; THENCE NORTH 00 DEGREES 22 MINUTES 34 SECONDS
EAST A DISTANCE OF 55.81 FEET; THENCE NORTH 44 DEGREES 52
MINUTES 34 SECONDS WEST A DISTANCE OF 20.06 FEET; THENCE
NORTH 00 DEGREES 22 MINUTES 34 SECONDS EAST A DISTANCE OF
398.96 FEET; THENCE NORTH 44 DEGREES 37 MINUTES 26 SECONDS
WEST A DISTANCE OF 3 0.5 7 FEET; THENCE NORTH 89 DEGREES 49
MINUTES 22 SECONDS WEST A DISTANCE OF 226.67 FEET; THENCE
SOUTH 45 DEGREES 10 MINUTES 38 SECONDS WEST A DISTANCE OF
29.81 FEET; THENCE SOUTH 00 DEGREES 20 MINUTES 52 SECONDS
WEST A DISTANCE OF 425.15 FEET; THENCE NORTH 89 DEGREES 48
MINUTES 19 SECONDS WEST A DISTANCE OF 34.25 FEET; THENCE
NORTH 00 DEGREES 20 MINUTES 52 SECONDS EAST A DISTANCE OF
480.47 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 22 SECONDS
EAST A DISTANCE OF 337.82 FEET; THENCE SOUTH 00 DEGREES 22
MINUTES 34 SECONDS WEST A DISTANCE OF 460.81 FEET; THENCE
SOUTH 44 DEGREES 52 MINUTES 34 SECONDS EAST A DISTANCE OF
48.52 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 34 SECONDS
EAST A DISTANCE OF 92.54 FEET TO THE EASTERLY LINE OF LOT 28
OF SAID "VANESS PLAT"; THENCE SOUTH 00 DEGREES 22 MINUTES 34
SECONDS WEST ALONG SAID EASTERLY LINE A DISTANCE OF 29.75
FEET TO THE POINT OF BEGINNING. CONTAINING 1.092 ACRES MORE
OR LESS.
This easement and right of way shall be for the purpose of the construction and installation of a water main
and sanitary sewer, including appurtenant valves, hydrants, manholes, and accessories under, through and
across the above described easement and right of way, for the purpose of maintaining, repairing, replacing,
reinstalling, operation, inspection and keeping in working order the water main that is running under,
through and across the above described easement and right of way.
Said easement and right of way shall include the right to enter upon sufficient land adjacent to said
easement and right of way, owned by first party, as is required for the construction, installation,
maintenance, repair, replacement, reinstallation, operation and inspection of said water main together with
the right to install intersection laterals and services therein.
TO HAVE AND TO HOLD this easement and right of way under, through and across the above described
piece or parcel of land unto second party, its successors and assigns, for the use and benefit of second party,
its successors and assigns, FOREVER First party warrants that it has the right and authority to grant this
easement and right of way, and that if there are any other prior lien holders thereon, they have consented to
the Easement by written consent attached hereto, and will hold such lien subject to the provisions of this
Easement.
This easement and right of way shall include, but not be limited to, the right to enter upon the above
described easement and right of way at any time that the second party shall see fit for the purpose of
maintaining, repairing replacing, reinstalling and inspecting its water mains across, through and under the
above described piece or parcel of land, together with the right to excavate a trench or ditch for the location
of said water main and with the further right to remove trees, brush and undergrowth and other obstructions
situated upon the above described piece of parcel of land interfering with location, construction,
maintenance or repair of said water main. Second party, as a consideration for the granting of the right to
construct and install said water main, shall be obligated to fill and grade to ground level the trench or ditch
WATER MAIN & SANITARY SEWER EASEMENT
IRISH CROSSINGS DEVELOPMENT, LLC
occupied by said water main and to restore any ditches, parking areas, sluubs or grass to their former
condition insofar as is reasonably possible. Second party does further covenant and agree that in the event
it shall at any time become necessary to enter upon the above described piece or parcel of land for the
purpose of maintenance, repair, replacement or reinstallation of said water main, it shall return said piece or
parcel of land to like condition as before such maintenance or repair upon the completion of said
maintenance, repair, replacement or reinstallation insofar as is reasonably possible.
Second party agrees to fully indemnify, save and keep harmless first party from any and all claims for
damage to real and personal property and injuries or death suffered by persons in any manner caused by or
growing out of the construction, installation or presence of said water main under and across the piece of
parcel of land of first party. First party agrees that it will not construct a building, structure or other
permanent improvement on said easement and right of way without first obtaining the written consent of
second party.
The pronouns and relative words herein are primarily written in the masculine and singular. if more than
one join in, or be either of the feminine sex or a business entity, such words shall be read as if written in
plural, feminine or neuter, respectively.
IN WITNESS WHEREOF, first party has caused these presents to be signed the day and year first above
written.
Witness:
VW
STATE OF nJ 1 ci rl
COUNTY OF 5,
On thusLppeare�day
personally-2
ersonally r E
to me known to be the same person described
acknowleduadal=same to be his free act and deed.
;- ATOTARY
PUBLIC : `x
o F 114-9/
Prepared by:
Danch, Harner & Associates, Inc.
2422 Viridian Drive, Suite 201.
South Bend, IN 46628
ss.
Notary Public
me a
el S'
My Commission Expires:
�cinand fgrsaid �County,
nnw,�
the within instrument, who
_ County, ! i`l r Gr r3c;
iW'PROYED
Board of Public Wor..s
O
RECORDED ON
04/26/2005 02945:56PM
TEI RI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
RE(: FEE: $13.00
PAGES: 3
SANITARY SEWER EASEMEN"T
THIS INDENTURE, MADE AND ENTERED INTO THIS -_DAY OF�)2005,
BY AND BETWEEN IRISH CROSSINGS DEVELOPMENT LLC, PART OF THE
FIRST PART; AND THE CITY OF SOUTH BEND, A BODY CORPORATE AS
AUTHORIZED BY THE CONSTITUTION OF THE STATE OF INDIANA, ACTING
BY AND THROUGH ITS BOARD OF PUBLIC WORKS, PARTY OF THE SECOND
PART;
WITNESSETH:
FOR AND IN CONSIDERATION OF THE SUM OF ONE ($1.00) DOLLAR PAID TO
THE FIRST PARTY, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED,
FIRST PARTY DOES HEREBY GRANT, BARGAIN, CONVEY AND ASSIGN
UNTO SECOND PARTY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE,
PERPETUAL AND PERMANENT EASEMENT AND RIGHT OF WAY UNDER,
THROUGH AND ACROSS A CERTAIN PIECE OR PARCEL OF LAND SITUATED
IN IRISH CROSSINGS, THE PIECE OR PARCEL OF LAND BEING OWNED BY
FIRST PARTY IN FEE SHAPLE AND THE EASEMENT COVERING A STRIP OF
LAND BEING SPECIFICALLY DESCRIBED AS FOLLOWS:
FEE DESCRIPTION:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31,
TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA WHICH IS DESCRIBED AS: LOTS 17 THROUGH 21,
THE NORTH 119.6 FEET OF LOT 28 AND ALL OF LOTS 29 THROUGH 32
OF THE PLAT OF "VANESS PLAT" AS RECORDED IN PLAT BOOK NO. 1 I
ON PAGE NO. 13 IN THE RECORDS OF THE ST. JOSEPH COUNTY,
INDIANA RECORDER'S OFFICE.
EASEMENT DESCRIPTION:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 28 IN THE PLAT
OF "VANESS .PLAT" AS RECORDED IN PLAT BOOK NO. I ON PAGE
NO. 13 IN THE RECORDS OF ST. JOSEPH COUNTY, -INDIANA,
RECORDER'S OFFICE; THENCE NORTH 89 DEGREES 52 MINUTES 34
SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID LOT 29, 146.96
I
SANITARY SEWER EASEMENT
iRISH CROSSINGS DEVELOPMENT, LLC
FEET; THENCE NORTH 00 DEGREES 06 MINUTES 30 SECONDS EAST A
DISTANCE OF 11.19 FEET TO THE POINT OF BEGINNING OF THIS
DESCRIPTION: THENCE NORTH 89 DEGREES 52 MINUTES 34 SECONDS
WEST A DISTANCE OF 317.56 FEET; THENCE NORTH 00 DEGREES 20
MINUTES 52 SECONDS EAST A DISTANCE OF 44.71 FEET; THENCE
SOUTH 89 DEGREES 48 MINUTES 19 SECONDS EAST A DISTANCE OF
20.00 FEET; THENCE SOUTH 00 DEGREES 20 MINUTES 52 SECONDS
WEST A DISTANCE OF 24.69 FEET; THENCE SOUTH 89 DEGREES 52
MINUTES 34 SECONDS EAST A DISTANCE OF 297.57 FEET; THENCE
SOUTH 00 DEGREES 22 MINUTES 34 SECONDS WEST A DISTANCE OF
20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.157 ACRES
MORE OR LESS.
This easement and right of way shall be for the purpose of the construction and installation of a sanitary
sewer, including appurtenant valves, hydrants, manholes, and accessories under, through and across flee
above described easement and right of way, for the purpose of maintaining, repairing, replacing,
reinstalling, operation, inspection and keeping in working order the water main that is running under,
through and across the above described easement and right of way.
Said easement and right of way shall include the right to enter upon sufficient land adjacent to said
easement and right of way, owned by first party, as is required for the construction, installation,
maintenance, repair, replacement, reinstallation, operation and inspection of said water main together with
the right to install intersection laterals and services therein.
TO HAVE AND TO HOLD this easement and right of way under, through and across the above described
piece or parcel of land unto second party, its successors and assigns, for the use and benefit of second party,
its successors and assigns, FOREVER First party warrants that it has the right and authority to grant this
easement and right of way, and that if there are any other prior hen holders thereon, they have consented to
the Easement by written consent attached hereto, and will hold such lien subject to the provisions of this
Easement.
This easement and right of way shall include, but not be limited to, the right to enter upon the above
described easement and right of way at any time that the second party shall see fit for the purpose of
maintaining, repairing replacing, reinstalling and inspecting its water mains across, through and under the
above described piece or parcel of land, together with the right to excavate a trench or ditch for the location
of said water main and with the further right to remove trees, brush and undergrowth and other obstructions
situated upon the above described piece of parcel of land interfering with location, construction,
maintenance or repair of said water main. Second party, as a consideration for the granting of the right to
construct and install said water main, shall be obligated to fill and grade to ground level the trench or ditch
occupied by said water main and to restore any ditches, parking areas, shrubs or grass to their former
condition insofar as is reasonably possible. Second party does further covenant and agree that in the event
it shall at any time become necessary to enter upon the above described piece or parcel of land for the
purpose of maintenance, repair, replacement or reinstallation of said water main, it shall return said piece or
parcel of land to like condition as before such maintenance or repair upon the completion of said
maintenance, repair, replacement or reinstallation insofar as is reasonably possible.
Second party agrees to fully indemnify, save and keep harmless first party from any and all claims for
damage to real and personal property and injuries or death suffered by persons in any manner caused by or
growing out of the construction, installation or presence of said water main under and across the piece of
parcel of Iand of first party. First party agrees that it will not construct a building, structure or other
permanent improvement on said easement and right of way without first obtaining the written consent of
second party.
SANITARY SEWER EASEMENT
HUSH CROSSINGS DEVELOPMENT, LLC
The pronouns and relative words herein are primarily written in the masculine and singular. If more than
one join in, or be either of the feminine sex or a business entity, such words shall be read as if written in
plural, feminine or neuter, respectively.
IN WITNESS WHEREOF, first party has caused these presents to be signed the day and year first above
STATE OF f t � rl�i )
ss.
COUNTY O;E4' O ie4
On this _day of V - 2005. be r e a `N`otary Public in and f r said County,
personally appeared n co o ��' i 5'l, Grr�S511 SVP.IoAi�e
to me known to be the same person described in and who executed the within instrument, who
acknowledged the same to be his Free
a 0 00600*" 0, & 0 0 *��
a N,0TARY
�►PUBLIC Q
ytv
Preoarect_
Danch, Hairner & Associates, Inc.
2422 Viridian Drive, Suite 201
South Bend, IN 46628
Notary Public�5-�• Ja'P`� County, tQ»r
My Conunission Expires: _r/ZZ ��
1
i
RECORDED ON
!
�V
04/26/2005 02:45:56PM
TERRI J. RETHL.AKE
. i
ST. JOSEPH COUNTY
RECORDED:
REC FEE: $13.00
PAGES: 3
SANITARY SEWER EASEMENT
THIS INDENTURE, MADE AND ENTERED INTO THIS DAY OF 1 2005,
BY AND BETWEEN IRISH CROSSINGS DEVELOPMENT LLC PART OF THE
FIRST PART; AND THE CITY OF SOUTH BEND A BODY CORPORATE AS
AUTHORIZED BY THE CONSTITUTION OF THE STATE OF INDIAN& ACTING
BY AND THROUGH ITS BOARD OF PUBLIC WORKS, PARTY OF THE SECOND
PART;
WITNESSETH:
FOR AND IN CONSIDERATION OF THE SUM OF ONE ($1.00) DOLLAR PAID TO
THE FIRST PARTY, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED,
FIRST PARTY DOES HEREBY GRANT, BARGAIN, CONVEY AND ASSIGN
UNTO SECOND PARTY, ITS SUCCESSORS AND ASSIGNS, ANON -EXCLUSIVE,
PERPETUAL AND PERMANENT EASEMENT AND RIGHT OF WAY UNDER,
THROUGH AND ACROSS A CERTAIN PIECE OR PARCEL OF LAND SITUATED
IN IRISH CROSSINGS, THE PIECE OR PARCEL OF LAND BEING OWNED BY
FIRST PARTY IN FEE SIMPLE AND THE EASEMENT COVERING A STRIP OF
LAND BEING SPECIFICALLY DESCRIBED AS FOLLOWS.
FEE DESCRIPTION:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31,
TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA WHICH IS DESCRIBED AS: LOTS 17 THROUGH 21,
THE NORTH 119.6 FEET OF LOT 28 AND ALL OF LOTS 29 THROUGH 32
OF THE PLAT OF "VANESS PLAT" AS RECORDED IN PLAT BOOK NO. I 1
ON PAGE NO. 13 IN THE RECORDS OF THE ST_ JOSEPH COUNTY,
INDIANA RECORDER'S OFFICE.
EASEMENT DESCRIPTION:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 28 IN THE PLAT
OF "VANESS PLAT" AS RECORDED IN PLAT BOOK NO. 11 ON PAGE
NO. 13 iN THE RECORDS OF ST. JOSEPH COUNTY, INDIANA.
RECORDER'S OFFICE; THENCE NORTH 89 DEGREES 52 MINUTES 34
SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID LOT 29, 146.96
-SANITARY SEWER EASEMENT
IRISH CROSSINGS DEVELOPMENT, LLC
FEET; THENCE NORTH 00 DEGREES 06 NIlNUTES 30 SECONDS EAST A
DISTANCE OF 11.19 FEET TO THE POINT OF BEGINNING OF THIS
DESCRIPTION: THENCE NORTH 89 DEGREES 52 MINUTES 34 SECONDS
WEST A DISTANCE OF 317.56 FEET; THENCE NORTH 00 DEGREES 20
MINUTES 52 SECONDS EAST A DISTANCE OF 44.71 FEET; THENCE
SOUTH 89 DEGREES 48 MINUTES 19 SECONDS EAST A DISTANCE OF
20.00 FEET; THENCE SOUTH 00 DEGREES 20 MINUTES 52 SECONDS
WEST A DISTANCE OF 24.69 FEET; THENCE SOUTH 89 DEGREES 52
MINUTES 34 SECONDS EAST A DISTANCE OF 297.57 FEET; THENCE
SOUTH 00 DEGREES 22 MINUTES 34 SECONDS WEST A DISTANCE OF
20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.157 ACRES
MORE ORLESS.
This easement and right of way shall be for the purpose of the construction and installation of a sanitary
sewer, including appurtenant valves, hydrants, manholes, and accessories under, through and across the
above described easement and right of way, for the purpose of maintaining, repairing, replacing,
reinstalling, operation, inspection and keeping in wonting order the water main that is running under,
through and across the above described easement and right of way.
Said easement and right of way shall include the right to enter upon sufficient land adjacent to said
easement and right of way, owned by first party, as is required for the construction, installation,
maintenance, repair, replacement, reinstallation, operation and inspection of said water main together with
the right to install intersection laterals and services therein.
TO HAVE AND TO HOLD this easement and right of way under, through and across the above described
piece or parcel of land unto second party, its successors and assigns, for the use and benefit of second party,
its successors and assigns, FOREVER First party warrants that it has the right and authority to grant this
easement and right of way, and that if there are any other prior lien holders thereon, they have consented to
the Easement by written consent attached hereto, and will hold such lien subject to the provisions of this
Easement.
This easement and right of way shall include, but not be limited to, the right to enter upon the above
described easement and right of way at any time that the second party shall see fit for the purpose of
maintaining, repairing replacing, reinstalling and inspecting its water mains across, through and under the
above described piece or parcel of land, together with the right to excavate a trench or ditch for the location
of said water main and with the further right to remove trees, brush and undergrowth and other obstructions
situated upon the above described piece of parcel of land interfering with location, construction,
maintenance or repair of said water main. Second party, as a consideration for the granting of the right to
construct and install said water main, shall be obligated to fill and grade to ground level the trench or ditch
occupied by said water main and to restore any ditches, parking areas, shrubs or grass to their former
condition insofar as is reasonably possible. Second party does further covenant and agree that in the event
it shall at any time become necessary to enter upon the above described piece or parcel of land for the
purpose of maintenance, repair, replacement or reinstallation of said water main, it shall return said piece or
parcel of Iand to like condition as before such maintenance or repair upon the completion of said
maintenance, repair, replacement or reinstallation insofar as is reasonably possible.
Second party agrees to fully indemnify, save and keep harmless first pasty from any and all claims for
damage to real and personal property and injuries or death suffered by persons in any manner caused by or
growing out of the construction, installation or presence of said water main under and across the piece of
parcel of land of first party. First party agrees that it will not construct a building, structure or other
permanent improvement on said easement and right of way without first obtaining the written consent of
second party.
.SANITARY SEWER EASEMENT
IRISH CROSSINGS DEVELOPMENT, LLC
The pronouns and relative words herein are primarily written in the masculine and singular. If more than
one join in, or be either of the feminine sex or a business entity, such words shall be read as if written in
plural, feminine or neuter, respectively.
IN WITNESS WHEREOF, first party has caused these presents to be signed the day and year first above
STATE OF I1J 1'q 0 `
ss.
COUNTY O • 4i
On this Tday of ("� 2005, be r n e a Notary Public in and f r said C unty,
personally appeared n i v r 1' Gt2�ss► Sv
LL-C. ---
to me known to be the same person described in and who executed the within instrument, who
acknowledged the same to be his free act and deed.
A4-1 J `Ar�1-4
J '
NOTARY F Notary Public County, t
• — -�i PUBLIC Q My Conuiussion Expires: Z ADO
Prepared - O
Danch, Harner Associates, Inc.
2422 Viridian Drive, Suite 201
South Bend, IN 46628
rip, B.o'�'ElD
Board of ' ublio