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Home My WebLink About#3008- Deed; GRANTED EASEMENT STORM SEWER To the City of South Bend, A 20 foot wide easement located on Lot A as shown on the recorded plat of Navarre Place First addition in the west Half of the Northwest Quarter of Section 13 qd8 11/10/2005 Granted easement Storm Sewer LOT NO. SUB: Navarre Place First Addition i Matthew Blazejewski & Kasey Buckles Description: I To the City of South Bend: A 20 foot wide easement located on Lot A as shown on the recorded plat of Navarre Place First addition in the Ewst Half of the Northwest Quarter of Section 1, Township 37 North, Range 2 East, Portage Township. M., 1316 COUNTY -CITY BUILDING 227 W. ]F.FFMON BonaARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS GARY A. GTLOT, P.E. DIRECTOR OF PUBLIC WORKS December 5, 2005 Mr. Matthew Blazejewski 116 North Shore Drive South Bend, Indiana 46617 RE: Harter Heights Storm Sewer Separation Project Project No. 105-012 Dear Mr. Blazejewski: PHONE 574/ 235-9251 FAx 5741235-9171 TDD 574/ 235-5567 Thank you for your patience and willingness to work with the City on the proposed sewer easement. Attached is the original Grant of Easement Agreement signed by the Board of Public Works. As I mentioned in my phone message I left you, the good and valuable considerations does include the removal of the tree marked by the City Forester. In addition, the City will issue a check to you and your wife for two hundred and forty dollars ($240.00). If the easement agreement is acceptable to you, please sign it and either mail it back to me or call me, and I will have someone pick it up. Once I receive the signed agreement, I will schedule the tree removal with the City Forester and have the check cut and sent to you. 5998. If you have any questions or concerns, please don't hesitate to call me at (574)235- Sincerely, c7ax-o, - - -t- Jason J. Durr, P.E. Assistant City Engineer ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES CARL LITrRELL, P.E. JOHN J. DILLON, PH. D. MATT CHLF13OWSM 574/235-9251 574/277-8515 574/235-9316 FAx 574/235-9171 FAx 574/277-8980 FAx 574/235-9007 STREETS SA,m HENSLEY 574/235-9244 FAx 574/235-9272 WATERWORKS JOHN E STANCATI 574/235-9322 FAx 574/235-9728 LEGAL DEPARTMENT INTEROFFICE MEMORANDUM TO: Jason Durr Engineering Department FROM: Thomas L. Bodnarl�& Assistant City Attorney RE: Grant of Easement - Storm Sewer DATE: November 8, 2005 CITY o- sc Attached is a easement for the storm sewer which we discussed earlier this week. I have departed from the normal procedure of listing $10.00 as a consideration and decided to be honest and list the actual amount paid. I think that is better when there is a potential dispute over the amount. Please obtain the signatures and send it to the Board. Call if you have any questions. r NOV 0 9 ZOOS LEGAL DEPARTMENT Cl Ty OF s � DID/. 0, -= Ei,�; INTEROFFICE MEMORANDUM TO: Jason Durr Engineering Department FROM: Thomas L. Bodnar& Assistant City Attorney RE: Grant of Easement - Storm Sewer DATE: November 8, 2005 Attached is a easement for the storm sewer which we discussed earlier this week. I have departed from the normal procedure of listing $10.00 as a consideration and decided to be honest and list the actual amount paid. I think that is better when there is a potential dispute over the amount. Please obtain the signatures and send it to the Board. Call if you have any questions. GRANT OF EASEMENT STORM SEWER THIS INDENTURE made this U day of f W " ' , 2005, by and between Matthew Blazejewski and Kasey Buckles, Husband and Wife (Grantors) and the Civil City of South Bend, Indiana, by and through its Board of Public Works (Grantee), in favor of the Civil City of South Bend, its successors and assigns. WITNESSETH: That for Two Hundred Forty Dollars ($240.00) and other good and valuable consideration, the receipt of which Grantors hereby acknowledge, Grantors hereby grant, convey, and warrant to Grantee a permanent easement of the nature and at the location hereinafter set forth as described only for the installation, construction, operation, maintenance, adjustment, replacement, repair, alteration, removal, modernization, and use of a storm sewer 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 20-Foot wide easement located on Lot A as shown on the recorded plat of Navarre Place First addition in the West Half of the Northwest Quarter of Section 1, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, the centerline of which is described as follows: Commencing at the northeast corner of Lot Ain Navarre Place First Addition; thence South 85 degrees 04 minutes 19 seconds West 87.18 feet along the north line of said Lot to the centerline of said easement and the point of beginning of this description; thence South 15 degrees 29 minutes 16 seconds West 47.00 feet along the centerline of said easement to the point of terminus. Together with a temporary easement for construction purposes over a strip of Iand 30 feet wide, the centerline of which is described as follows: Commencing at the northeast corner- of Lot A in Navarre Place First Addition; thence South 85 degrees 04 minutes 19 seconds West 87.18 feet along the north line of said Lot to the centerline of said easement and the point of beginning of this description; thence South 15 degrees 29 minutes 16 seconds West 47.00 feet along the centerline of said easement to the point of terminus. The easement granted herein shall pertain to the air surface and subsurface rights and interests of the Grantors, 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 easement such timber, brush, debris, or other obstructions interfering with the storm sewer system. The Grantee agrees that construction shall have limited impact on the surrounding area and agrees to restore that area disturbed by its work to as near the original condition as possible. The Grantors reserve the right to use and occupy the surface area on and over the easement 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 covenants running with the real estate, and shall be binding upon the Grantors 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. The Grantors hereby covenant with the City of South Bend that they are lawfully seized and possessed of the parcel of real estate hereinabove described; that they have good and lawful right to convey and that the property is free of all encumbrances that would conflict with the right herein granted. The Grantee agrees and undertakes to hold Grantors free and harmless from any liability, loss, costs, damages or expenses, which Grantors may incur as a result of any claims or actions, which may be made by any person arising out of Grantee's rights granted hereunder as they relate to the storm sewer system and related facilities. The Grantors hereby release any and all claims from whatsoever cause, incidental to the exei-cise of any rights herein granted. IN WITNESS WHEREOF, Grantors have executed this Grant of Easement for storm sewer system on the date shown on the acknowledgment set forth herein. GRANTOR: Matthew Blazejewski Kasey Buckles GRANTEE: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS 2i!2�3 -�l Z&�� Gary Gilot, President &z(�%,ii� Carl Littrell, Member Donald Inks, Member ATTEST: Angela K. acob, CI STATE OF INDIANA, ST. JOSEPH COUNTY, ss: Before me, a Notary Public in and for said County and State, personally appeared Gary Gilot, Carl Littrell, and Donald Inks, personally known by me to be members of the Board of Public Works of the City of South Bend, Indiana, and acknowledge the execution of this Grant ofEasement as their voluntary act or deed. WITNESS my hand and Notarial Seal this f day of r "" " 2005. Notary Public Resid�g xn St. Joseph County, Indiana My Commission Expires: f ((a(d STATE OF INDIANA, ST. JOSEPH COUNTY, ss: Before me, a Notary Public in and for said County and State, personally appeared Matthew Blazejewski and Kasey Buckles, the Grantors, and acknowledge the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this day of My Commission Expires: 2005. , Notary Public Residing in St. Joseph County, Indiana