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Home My WebLink About#2896- Deed; GRANT OF EASEMENT West side of SR 933 Sec 36 Twp 38 N Range 2 E Portge Twp/s 7�,es o�' T�`� 1�� C os s 7�x e Y* 6 y 7 Q GfJ�37 A�LI-- 0 � UG c �ro/Y � lo��rls #/rd �OccJn/ SCf� le, GRANT OF EASEMENT WATER MAIN EXTENSION �-4r25121 1 S?2 RECORDED ON 01/02/2004 03:36:36PM TERRI J. RETHLARE ST. JOSEPH COUNTY RECORDER REC FEE: $13.00 THIS INDENTURE made this day of �Soutdhi , 2002,Pf,9d betRveen Sisters of the Holy Cross, Inc., (Grantor), and the Civil Ci Bend, Indiana, through its Board of Public Works (Grantee), in favor of the Civil City of South Bend, its succesors and assigns. WITNESSETH: That for One Dollar ($1.00) and other good and valuable consideration, the receipt of which Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a permanent easement of the nature and at the location hereinafter set forth as described for the installation, construction, operation, maintenance, adjustment, replacement, repair, alteration, removal, modernization, and use of a water main system and related facilities, together with the right of ingress to and egress from said easement for the purpose of installing, constructing, operating, maintaining, adjusting, replacing repairing, altering, removing, and modernizing said system and other equipment or facilities incident thereto, in, upon, over and under the following described real estate in the City of South Bend, St. Joseph County, State of Indiana, briefly described as follows: A 15 foot utility easement along the West side of State Road 933 over the Sisters of the Holy Cross property (Tax Key #17-1023-0447.04) located in the West Half of Section 36, Township 38 North, Range 2 East, Portage Township, St. Joseph County, Indiana, and described as follows: Commencing at the intersection of the West right of way line of SR 933 and the South property line of Sisters of the Holy Cross; thence West 30 feet to the place of beginning; thence North parallel with said West line of SR 933, 20 feet; thence Northeasterly to a point that is 15 feet West of said West line of SR 933 and 48 feet North of said South property line of Sisters of the Holy Cross; thence North 350 feet; thence Northwesterly 65 feet to a point that is 40 feet West of said West right of way line of SR 933 and 410 feet North of said South property line of Sisters of the Holy Cross; thence North, parallel to said West line of SR 933, 165 feet to a point that is 40 feet West of said West line of SR 933 and 575 feet North of said South property line of Sisters of the Holy Cross; thence Northeasterly 35 feet to a point that is 15 feet West of said West line of SR 933; thence North parallel with said West line of said SR 933, 900 feet; thence Northwesterly, 55 feet to the South right of way line of the vacated Douglas Road, said point being 55 feet West of said West line of SR 933; thence East 55 feet, more or less, to the West right of way line of SR 933; thence South, 15 feet West of and parallel to said West line of SR 933, 1,491 feet to said South property line of Sisters of the Holy Cross; thence West along said South property line to the place of beginning. The easement granted herein shall pertain to the air surface and subsurface rights and interests of the Grantor, for the use and benefit of the Grantee, to the nature and extent that the Grantee may desire said air, surface and subsurface rights and interests to accomplish and carry out the general purpose of this conveyance as the same has hereinabove been expressed, The easement hereby granted is for the exclusive benefit of the City of South Bend, Indiana, and expressly includes the right and privilege at reasonable times to clean and remove from said easements such timber, brush, debris, or other obstructions interfering with the water main system. The Grantor reserves the right to use and occupy the surface area on and over the easements provided that said use and occupancy does not in any way conflict or obstruct the Grantee's right to use said surface for the purposes and intentions hereinabove expressed. The easement granted herein and the associated benefits and obligation, shall constitute a covenant running with the real estate and shall be binding upon the Grantor and be an obligation thereof of every person or entity now or hereafter having any fee, leasehold, or other interest in all or any part of the said real estate. This indenture shall bind and inure to the benefit of the respective successors and assigns of the parties hereto. In further consideration for the easement, at any time within twenty (20) years from this date the Grantor or its successor owners of the land immediately west of the easement connects to the water main then located in the easement, the charges normally made for said connection by the South Bend Water Works or the City of South Bend shall be waived. The Grantor hereby covenants with the City of South Bend that it is lawfully seized and possessed of the parcel of real estate hereinabove described; that it has good and lawful right to convey, and that the property is free of all encumbrances that would conflict with the right herein granted; except for easement held by any railroad or its successors in interest. The Grantor hereby releases any and all claims from whatsoever cause, incidental to the exercise of any rights herein granted. IN WITNESS WHEREOF, Grantor has executed this Grant of Easement for a water main system on the date shown on the acknowledgment set forth herein. GRANTOR: SISTERS OF THE HOLY CROSS, INC. GRANTEE: CITY OF SOUTH BEND BOARD OF PUB IC WO k� Gary ot, President -'c.6 � Carl Littrell, Member Donald E. Inks, Member ATTEST: Angela K. faob, Clerk STATE OF INDIANA ) } SS: ST. JOSEPH COUNTY ) Before me, the undersigned, allotary Public in and for said County and State, personally appeared Gary Gilot, Carl Littrell, and Donald E. Inks, personally known by me to be members of the Board of Public Works of the City of South Bend, Indiana, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this (R"�day of , 200r �L K, jctctA No Resident of St. Joseph County, D My Commission Expires: ilr�f� STATE OF INDIANA } } SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Publici M. for said County and State, personally Ia eare Sisters of the Holy Cross, Inc., by i 5 , M. MQvr -r-S �o%its r roi nor- , and acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this a Y day of Q, 2002. NotaryPublic Resident of St. Joseph County, IN My Commission Expires: 0O R F:\DATA\SHARE\I-gai\Wpd-%nodou r-wmas Aveanu,ts E.==r \Sin= Holy cma Fis.wpd 1316 CoU,,ry-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS March 11, 2004 Sisters of the Holy Cross Bertrand Hall Notre Dame, Indiana 46556 RE: Grant of Easement Water Main Extension To Whom It May Concern: PHONE 574/ 235-9251 FAx 574/235-9171 TDD 574/ 235-5567 The Grant of Easement for the water main extension was recorded with the St. Joseph County Recorder's Office on January 2, 2004. A copy is enclosed for your records. Sincerely, 1+ jam•' ! 7 r Angla K. Jacob Clerk Board of Public Works Enclosure