HomeMy WebLinkAbout#3015- Deed; PERPETUAL STORM SEWER EASEMENT A part of Lot 16 in Landmark Business Park Section Six, Part Two in German Township3 V/2�4005
12/1
Perpetual Storm Sewer Easement
25-1017-060204
LOT NO. Lot 16
SUB: Landmark Business Park
Patterson Dental Supply, Inc.
Olive Road/Brick Road
Description:
A part of Lot 16 in Landmark Business Park Section Six,
Part Two in German Township
nn r
A,./;)CC
PROJECT: 103-79
PARCEL: G & GA
PERPETUAL STORM SEWER EASEMENT
(FOR THE CONSTRUCTION, MAINTENANCE AND REPAIRING
OF DRAINAGE STRUCTURES AND PIPE)
THIS INDENTURE WITNESSETH, That Patterson Dental S1 hi minngsota comoralion
the Grantor(s), of � Dakota County, in the State of Minnesota , Grant(s) to the City of South Bend, State of
Indiana, the Grantee, for and in consideration of the sum of Ten and 00/100 Dollars ($ 10.00 ), and other valuable
consideration, the receipt of which is hereby acknowledged, a perpetual easement in, under, over, along and upon certain
Real Estate of the Grantor(s) situated in the County of St. Joseph, State of Indiana, which is more particularly described in
the legal description attached hereto as Exhibit "A" of which is incorporated herein by reference, for the construction,
cleaning, repairing and general maintenance of storm sewer pipe and strictures located within the area of the said Real
Estate.
The Grantees, their respective employees, agents, contractors, subcontractors and assigns, shall have the right to enter
in, under, over, along and through the area of the said Real Estate to construct, relocate, clean, repair and generally maintain
the said drainage strictures and pipe and to remove any existing or future crops, trees, shrubbery or other woody vegetation
therefrom.
The Grantor(s), and their successors in title, may use the area of said Real Estate in any mariner not inconsistent with
the Grantees' operation of said storm sewer, or the provisions of this grant, provided, however, that neither the Grantor(s) nor
the Grantor's(s') successors in title shall erect any permanent structure, nor plant any trees, shrubbery or other woody
vegetation, within the area of said Real Estate ,vithout the prior express written consent of the Grantee.
Temporary strictures may be located within the area of said Real Estate but shall be removed immediately upon
notification by the Grantees of the need to enter said Real Estate to perform the hereinbefore described work,
Any such permanent or temporary structures, trees, shrubbery, woody vegetation or crops may be removed, damaged
or destroyed by the Grantees, their respective employees, agents, contractors, subcontractors and assigns entering the Real
Estate pursuant to the terms of this grant without liability or payment thereof.
Grantor(s) warrant(s) that they are the Owner(s) in fee simple of said real estate, Iawfully seized thereof and
have a good right to grant and convey the foregoing easement; warrant(s) the quiet use and enjoyment thereof;
warrant(s) that said Real Estate is free from all encumbrances inconsistent with the Grant contained herein; and
warrants(s) that —they will defend Grantees' title in said easement and right of way against all claims. The easement
granted herein, and its associated benefits and obligations, shall nun with said Real Estate and be binding upon the
Grantor(s) and all successors and assigns. This indenture shall bind and inure to the benefit of the successors and assigns
of the Grantees.
This conveyance is subject to any and all easements, conditions and restrictions of record.
The undersigned person executing this easement represents and certi Ges on behalf of the Grantor, that the
undersigmed is a duly elected officer of the Grantor and has been fully empowered by proper resolution, or the by-laws of
We Grantor, to execute and deliver this easGmCilt; that the Grai'tor is a Corporation in good standinb in the the State of!ts
origin and, where required, in the State where the subject real estate is situate; that the Grantor has full corporate capacity
to convey [lie real estate described; and that all necessary corporate action for the making of this conveyance has been
duly taken.
Page 1 of 2
IN WITNESS WHEREOF, the said Grantor(s) ha s executed this instrument this ` day of
, 2005.
P,jitersoji Qital Supply,1n M'
(Signature) p C S
(Printed Name and Title)
STATE OF MINNESOTA
) SS:
COUNTY OF DAKOTA
Before me a Notary Public in and for said State and County, personally appeared Peke , President of
Patterson Dental Suunly- lnc.. a Minnesota comoration
die Grantor(s) in the above conveyance, and acknowledge the execution of the same on the date aforesaid to be his
voluntary act and deed and who, being duly sworn, stated that any representations contained therein are true.
Witness my hand and Notarial Seal this day of S1ai-21el- 6 � , 2005.
My Commission Expires:
Nota PublicG J' d �Q�
County of Residence �fZ
This instrument prepared by: Cheryl Greene, Attorney at Law
Page 2 of 2
KATHY A. CAOV=N
Notary Public —
* Wmftm E*wjm m,2010
EXHIBIT "A"
Project: Olive Road Brick Road Sheet 1 of 2
Parcel: 6 Permanent Easement for Storm Sewer Installation and Maintenance
),,A part of Lot 16 in Landmark Business Park Section Six, Part Two in German Township,�City of South
Bend, Indiana, the plat of which is recorded in Instrument No. 9223882, in the Office of the Recorder of
St. Joseph County, Indiana, and being that part of the grantor's land lying within the easement lines
depicted on the attached Right-of-way Parcel Plat marked Exhibit "B", described as follows:
Commencing at the southwest corner of said lot; thence North 44 degrees 54 minutes 19 seconds West
25.00 feet (distance quoted from plat Instrument #9223882) along the southwestern line of said lot to an
arc being the west boundary of said lot; thence along said boundary Northeasterly 9.69 feet along said arc
to the left having a radius of 60.00 feet (distance quoted from plat Instrument #9223882) and subtended
by a long chord having a bearing of North 40 degrees 28 minutes l I seconds East and a length of 9.68
feet to the point designated "5028" on said Exhibit "B" and the point of beginning of this description;
thence along said boundary Northeasterly 13.34 feet along said arc to the left having a radius of 60.00 feet
(distance quoted from plat Instrument 49223882) and subtended by a long chord having a bearing of
North 29 degrees 28 minutes 24 seconds East and a distance of 13.32 feet to the point designated "10076"
on said Exhibit "B"; thence South 0 degrees 27 minutes 23 seconds East 11.63 feet to the north line of a
50 foot utility easement as shown on said Landmark Business Park Section Six subdivision plat and the
point designated "5012" on said Exhibit `B"; thence North 89 degrees 39 minutes 41 seconds West 6.65
feet along the north line of said easement to the point of beginning and containing 0.001 acres, more or
less.
This description was prepared for the City of South Bend, Indiana by DLZ Indiana, LLC and certified by
James Michael Lietzan, Indiana Registered Land Surveyor, License Number SO475, on the 14`h day of
June, 2004.
;e
mes Michael Lietzan
Indiana Registered Land Surveyor No. SO475 90
c SWE OF e
EXHIBIT "A"
Project: OIive Road Brick Road Sheet i of 2
Parcel: 6 Permanent Easement for Storm Sewer Installation and Maintenance
�A part of Lot 16 in Landmark Business Park Section Six, Part Two in German Township,�City of South
Bend, Indiana, the plat of which is recorded in Instrument No. 9223882, in the Office of the Recorder of
St. Joseph County, Indiana, and being that part of the grantor's land lying within the easement lines
depicted on the attached Right-of-way Parcel Plat marked Exhibit "B", described as follows:
Commencing at the southwest corner of said lot; thence North 44 degrees 54 minutes 19 seconds West
25.00 feet (distance quoted from plat Instrument 49223882) along the southwestern line of said lot to an
are being the west boundary of said lot; thence along said boundary Northeasterly 9.69 feet along said arc
to the left having a radius of 60.00 feet (distance quoted from plat Instrument #9223882) and subtended
by a long chord having a bearing of North 40 degrees 28 minutes I I seconds East and a Iength of 9.68
feet to the point designated "5028" on said Exhibit "B" and the point of beginning of this description;
thence along said boundary Northeasterly 13.34 feet along said are to the left having a radius of 60.00 feet
(distance quoted from plat Instrument #9223882) and subtended by a long chord having a bearing of
North 29 degrees 28 minutes 24 seconds East and a distance of 13.32 feet to the point designated "10076"
on said Exhibit "B'; thence South 0 degrees 27 minutes 23 seconds East 11.63 feet to the north line of a
50 foot utility easement as shown on said Landmark Business Park Section Six subdivision plat and the
point designated "5012" on said Exhibit `B"; thence North 89 degrees 39 minutes 41 seconds West 6.65
feet along the north line of said easement to the point of beginning and containing 0.001 acres, more or
less.
This description was prepared for the City of South Bend, Indiana by DLZ Indiana, LLC and certified by
James Michael Lietzan, Indiana Registered Land Surveyor, License Number SO475, on the 14th day of
June, 2004.
mes Michael Lietzan
Indiana Registered Land Surveyor No. SO475 zaoic
. � c,�
EXHIBIT "A"
Project: Olive Road Brick Road Sheet 2 of 2
Parcel: 6A Permanent Easement for Storm Sewer Installation and Maintenance
A part of Lot 16 in Landmark Business Park Section Six, Part Two in German Township, City of South
Bend, Indiana, the plat of which is recorded in Instrument No. 9223882, in the Office of the Recorder of
St. Joseph County, Indiana, and being that part of the grantor's land lying within the easement lines
depicted on the attached Right -of -Way Parcel Plat marked Exhibit "B", described as follows: Beginning
at the northwest corner of said lot; thence South 89 degrees 39 minutes 41 seconds East 25.00 feet along
the north Iine of said lot to the line between the point designated "5014" and the point designated "5013"
on said Exhibit "B", which line is 25 feet east of and parallel with the west line of said lot; thence South 0
degrees 2.7 minutes 23 seconds East 265.30 feet along said Iine to an arc being the southwestern boundary
of said lot and said point "5013"; thence along said southwestern boundary Northwesterly 27.36 feet
along said arc to the left having a radius of 60.00 feet (distance quoted from plat Instrument #9223882)
and subtended by a long chord having a bearing of North 37 degrees 04 minutes 32 seconds West and a
length of 27.12 feet to an are being the west boundary of said lot; thence al ng said boundary
Northwesterly 21.68 feet (distance quoted from plat Instrument #9223882) along aid arc to the right
having a radius of 25.00 feet (distance quoted from plat Instrument #9223882) and �ubtended by a long
chord having a bearing of North 25 degrees 17 minutes 48 seconds West and a length of 21.00 feet
(distance quoted from plat Instrument 49223882) to the west line of said lot; thence North 0 degrees 27
minutes 23 seconds West 224.82 feet (224.80 feet by plat Instrument #9223882) along said west line to
the point of beginning and containing 0.142 acres, more or less.
This description was prepared for the City of South Bend, Indiana by DLZ Indiana, LLC and certified by
James Michael Lietzan, Indiana Registered Land Surveyor, License Number SO475, on the 14`h day of
June, 2004. NNW
ames Michael Lietzan
Indiana Registered Land Surveyor No. SO475 90475 9
e avuc a� n
f�+
RIGHT-OF-WAY PARCEL PLAT
Prepared For The CITY OF SOUTH BEND, INDIANA
by DLZ Indiana, LLC (Job #0061202990)
LINE 'PR-ST-B'
is
g
N 00-23'33- w
224.80' QUALITY DRIVE (FACTORY OUTLET DRIVE)
r L=99.88
25' UTILITY EASEMENT
SEE DEW
5013 RES. R eAR�
EXISTING 50' VS�NFSR ��0
f UTILITY Fs15LMEN7 LOT 16 �NOM�RNe\'�• PoN 9\N�
! S� a\�E 0 Spp
0 50 100
Scole 1 " = 100'
5014 Qw
SS
LOT 18 6��'\S� F NSo'
oO�`'�Etll� Spv N ��No 459
LINE 'PR-ST-B'
Point Centerline
7001 P.O.E. STA. 20+74.90 LINE 'PR-ST-B' = P.D.T. STA. 33+23.40 LINE 'B'
7002 P.O.B. STA. 10+00.00 LINE 'PR-ST-B' = P,O.T. STA. 10+05.01 LINE 'PR-ST-A
PARCEL COORDINATE CHART
Point
Centerline
Station
Offset
Northing
Eastin
21 *
' B'
459*
'B'
5012
PR-ST-B
10+27.85
56.55
Rt.
2363210.9773
142867.5099
5013
PR-ST-B
10+87.45
56.49
Rt.
2363270.5703
142867.0352
5014
PR-ST-B
15+60.00
55.96
Rt,
2363743.1072
4-2863.2711
5028'PR-
ST-B
10+27.94
49.91
Rt.
2363211.01661
142860.8649
10076
PR-ST-8
10+39.49
56.54
Rt.
2363222.6103
142867.4172
ivole: _)iouons ona urrse[s control Uver born North *See Location Control Route
& East Coordinates and Bearings & Distances. Survey Plat.
Northing Eostin
i4257.6073 142803.7871
i3182.7370 142811.1496
SURVEYOR'S STATEMENT
To the best of my knowledge and belief, this plot, together with the Location Control Route
Survey Plat recorded as Inst. No. 0408152 in the Office of the Recorder of St. Joseph County,
Indiana, (incorporated herein and mode a part hereof by reference) comprise a Route Survey,
executed in
accordance with Indiana Adminstrotive Code 865 IAC 1-12, ("Rule 12").
James Michael Lietzon V Date
Indiana Registered Land Surveyor No. SO475
I 5028
tih
(agg88.
5012
10076
DETAIL OF SMALL TAKE
1"=30'
No.
SO475 =
STATE OF
Q-
PARCEL: 6 OWNER: PATTERSON DENTAL SUPPLY, INC. Dimensions shown are from the following listed Record Documents:
Instrument No. 9615702, Dated 4-24-1996
CODE: - Instrument No. 9223882, Dated 7-02-1992 (plat)
PROJECT: -
ROAD: OLIVE / BRICK
COUNTY: ST. JOSEPH
SECTfON: 19
TOWNSHIP: 38N
RANGE: 2E
Hatched Area Is the
Approximate Taking
DRAWN BY: S,M.HARTMAN
CHECKED BY: J.M.LIETZAN
DATE: JUNE, 2004
r•
DLZ
INDLANA, LLC
2211 EAST JEFFERSON BOULEVARD
SOUTHSSEND IN04fANA 46615
T
SALES DISCLOSURE FORM
State Form (R4/9-I PRIVACY NOTICE: The telephone Illlllllllllllllllllllllll
y 1 1 II{lllll� Illllll
,; numbers of the parties on this form are
nvj �� Presrnhed by Department of Local Government Finance confidential according to IC \ 6-1.1-5.5-
Pursuantto IC 6.1.1-5.5
3(d).
re5e
Part of Parc
Parcel Number(s) (Show additional parcels on separate sheet if necessary,) Acreage or Lot Size (sPi
J�JJ° , 7 J�JJJJJJJJJJJJJ J JJ �J •
� 1-1 1 J_ _JJJJJJJJJJJ JJJJ J J
JJI JJJJJJ J
Address 9 of Parcels
4303 Technology Drive
City, Town, or Post Office State ZIP ��]
Code —�
LS
outh Bend J� 4 6 1 2 1 8Tax Billlnq Address (If other than property address)
M 1031 Mendota Heights Road
City, Town, or Post Office State ZIP Code
St. Paul -- — -- _ -- --- — J �J 6 I�J 2 f I Q 0 .JJJJ
See Attached Exhibit "A"
Identify all conditionslitems that apply NOTE: If items 12-21 apply, filers are not subject to disclosure
filing fee.
. 1-Buyer Is an adjacent property owner
• 2-Vacant Land
J3-F_xchange for other real property ("Trade")
J4-Seller Paid Points; amount If applicable
$JJJJJJ
J5-Change planned In the primary use of the property? Describe in
special circumstances.
J6-Existence of family or business relationship between buyer and seller
J7- Land Contract Dated:
0 B-Personal property included In transfer; amount if applicable
0 12-Security interest documents such as mortgages or trust deeds.
J13-Leases less than 90 years
O14-Document resulting from foreclosure, or express
threat of foreclosure, divorce court order, condemnation,
probate or other judicial proceedings.
J15-Agreements and other documents for
mergers, consolidations, and Incorporations
O16-Quitclaim deeds not serving as a source of title
J17-Documents Involving the partition of land between
tenants In common, joint tenants, or tenants by the
entirety.
❑ I' � Institution
to a charity, not -for -profit or government
�J Institution
J9- Significant physical changes to property between March 1 and date of sale ``J 19-Transfer for no or discounted consideration, or glft i
J10- Non -Warranty deed; specify type _ 20-Rerecording to correct prior recorded document it
J11- Partial Interest. Describe In special circumstances. i 21-Easements, Right-of-way grants
Contract Date (MMIDD/yYYY) Sales Price
1_oF� / 4% f FHLq_FoT5-] sF71. FF[4] a a s
Describe any unusual or special circumstances related to this sale, including the specification of any less -than -complete ownership interest and terms of seller financing.
Permanent Easement for Storm Sewer Installation and Maintenance
y INDIANA SALES DISCLOSURE FORM Page 2 �
Seller 1 - Name or Entity as appears on deed
Patterson Dental Supply, Inc., a Minnesota corporation
Address 1
1031 Mendota Heights Road -
City, Town, or Post Office Slate ZIP Code
St. Paul
Seller 2 - Name or Entity as appears on deed
City, Town, or Post Office Slate ZIP CodeI l I
i _J_1 _1JJJJ ��JI
Title Company Name (ilapplicable) Title Company Phone
3uyer 1 - Name or Entity as appears on deed
The City of South Bend, State of Indiana Community & Economic Development I Wiillthis property bethe
buyer's primary
Address residence?
1200 County -City Building, 227 W. Jefferson Boulevard 0 yes .No
City, Town, or Post Office State ZIP Code
South Bend J0 1J
Buyer 2 - Name or Entity as appears on deed
Address
City, Town, or Post office Slate ZIP Code
Under penalties of perjury, I hereby certify t this Sales D
is prepared in accordance with IC 6-1.1-9 , "Real Property,
Sign of Seller
Seller Sign Date Moq
(MM/DD/YYY1n U
Seller Phone
losure, to the best of my knowledge and belief, is true, correct and complete as required by law, and
es Disclosure Act".
Sicinature of Buver
J I
I
Buyer Sign Dale F/
(MM/DpW /YI) �
8uyerPhone
5.� .l, L1-3 IS 1 15 �A-
runty Assessor or other assessing offical must verify and complete the following Information:
OSignificant physical changes to property between March 1 and date of sale
AIJniTOR'S Ptf,t: STA;,tF- � AV LAND —iii property class
use code
Taxing District (DLGIF assigned
AV IMPV
mpletion 0 Yes ONO
Date Entered in Transfer Book $ E�J AV TOTAL O valid Sale
m' F—P I LLIJ� -1-1-1- 1JU IU.—._l-1 NEIGHBORHOOD CODE
kills, 'A
EXHIBIT "A"
Project: Olive Road Brick Road Sheet I of 2
Parcel: 6 Permanent Easement for Storm Sewer Installation and Maintenance
A part of Lot 16 in Landmark Business Park Section Six, Part Two in German Township, City of South
Bend, Indiana, the plat of which is recorded in Instrument No. 9223882, in the Office of the Recorder of
St. Joseph County, Indiana, and being that part of the grantor's land lying within the easement lines
depicted on the attached Right-of-way Parcel Plat marked Exhibit "B", described as follows:
Commencing at the southwest corner of said lot; thence North 44 degrees 54 minutes 19 seconds West
25.00 feet (distance quoted from plat Instrument 49223882) along the southwestern line of said lot to an
arc being the west boundary of said lot; thence along said boundary Northeasterly 9.69 feet along said arc
to the left having a radius of 60.00 feet (distance quoted from plat Instrument #9223882) and subtended
by a long chord having a bearing of North 40 degrees 28 minutes 11 seconds East and a length of 9.68
feet to the point designated "5028" on said Exhibit "B" and the point of beginning of this description;
thence along said boundary Northeasterly 13.34 feet along said are to the left having a radius of 60.00 feet
(distance quoted from plat Instrument #9223882) and subtended by a long chord having a bearing of
North 29 degrees 28 minutes 24 seconds East and a distance of 13.32 feet to the point designated "10076"
on said Exhibit "B'; thence South 0 degrees 27 minutes 23 seconds East 11.63 feet to the north line of a
50 foot utility easement as shown on said Landmark Business Park Section Six subdivision plat and the
point designated "5012" on said Exhibit `B'; thence North 89 degrees 39 minutes 41 seconds West 6.65
feet along the north line of said easement to the point of beginning and containing 0.001 acres, more or
less.
This description was prepared for the City of South Bend, Indiana by DLZ Indiana, LLC and certified by
James Michael Lietzan, Indiana Registered Land Surveyor, License Number SO475, on the 14`h day of
June, 2004.
ti�vwtiLV\
Ames Michael Lietzan
Indiana Registered Land Surveyor No. SO475
o s= OF o
EXHIBIT "A"
Project: Olive Road Brick Road Sheet 2 of 2
Parcel: 6A Permanent Easement for Storm Sewer Installation and Maintenance
A part of Lot 16 in Landmark Business Park Section Six, Part Two in German Township, City of South
Bend, Indiana, the plat of which is recorded in Instrument No. 9223882, in the Office of the Recorder of
St. Joseph County, Indiana, and being that part of the grantor's land lying within the easement lines
depicted on the attached Right -of -Way Parcel Plat marked Exhibit "B", described as follows: Beginning
at the northwest corner of said lot; thence South 89 degrees 39 minutes 41 seconds East 25.00 feet along
the north line of said lot to the line between the point designated "5014" and the point designated "5013"
on said Exhibit "B", which line is 25 feet east of and parallel with the west line of said lot; thence South 0
degrees 27 minutes 23 seconds East 265.30 feet along said line to an arc being the southwestern boundary
of said lot and said point "5013"; thence along said southwestern boundary Northwesterly 27.36 feet
along said arc to the left having a radius of 60.00 feet (distance quoted from plat Instrument #9223882)
and subtended by a long chord having a bearing of North 37 degrees 04 minutes 32 seconds West and a
length of 27.12 feet to an arc being the west boundary of said Iot; thence a] ng said boundary
Northwesterly 21.68 feet (distance quoted from plat Instrument #9223882) along aid said
to the right
having a radius of 25.00 feet (distance quoted from plat Instnnrnent 49223882) and I6btended by a long
chord having a bearing of North 25 degrees 17 minutes 48 seconds West and a length of 21.00 feet
(distance quoted from plat Instrument #9223882) to the west line of said lot; thence North 0 degrees 27
minutes 23 seconds West 224.82 feet (224.80 feet by plat Instrument #9223882) along said west line to
the point of beginning and containing 0.142 acres, more or less.
This description was prepared for the City of South Bend, Indiana by DLZ Indiana, LLC and certified by
James Michael Lietzan, Indiana Registered Land Surveyor, License Number SO475, on the 14'h day of
June, 2004.
ames Michael Lietzan
Indiana Registered Land Surveyor No. SO475 S0475
0
St= 0� o
RIGHT-OF-WAY PARCEL PLAT
1 Prepared For The CITY OF SOUTH BEND, INDIANA
by DLZ Indiono, LLC (Job #0061202990)
I � +
` 7001
r�5
6$
.0'
SEMENT
LINE 'PR-ST-B'
224.80
g
N 0923'33F W
OUALITY DRIVE (FACTORY OUTLU ORNE)
L 25' UTILITY EASEMENT
3 RES. A S pPR�
�S �N
LOT 16 � X � WNe�NO
0 50 100
Scale 1 " = 100'
I
5014 I SS pPR�
LOT 18
NO
0E-
�tiR� Spv 459
I PARCEL COORDINATE CHART I
Point
Centerline
Station
Offset
Northing
Eastin
21 *
' B'
459*
'B'
5012
PR-ST-B
10+27.85
56.55 Rt.
2363210.9773
142867.5099
5013
PR-ST--B
10+87.45
56.49 Rt.
2363270.5703
142867.0352
5014
PR-ST-B
15+60.00
55.96 Rt.
2363743.1072
142863.2711
5028
PR-ST-B
10+27.94
49.91 Rt.
2363211.0166
142860.8649
10076
PR-ST-B
10+39.49
56,54 Rt.
2363222.6103
142867.4172
Note: Stations and Uffsets Control Uver both North 'See Location Control Koute
& East Coordinates and Bearings & Distances. Survey Plat.
SURVEYOR'S STATEMENT
To the best of my knowledge and belief, this plot, together with the Location Control Route
Survey Plot recorded as Inst. No. 0408152 in the Office of the Recorder of St. Joseph County,
Indiana, (incorporated herein and made a part hereof by reference) comprise a Route Survey,
executed in accordance with Indiana Adminstrotive Code 865 IAC 1-12, ("Rule 12").
Q!,�- 4ih -. 14 -04
James Michael Lietzon 0 Date
Indiana Registered Land Surveyor No. SO475
PARCEL: 6 OWNER:
CODE: -
PROJECT: -
ROAD: OLIVE / BRICK
COUNTY: ST. JOSEPH
SECTION: 19
TOWNSHIP: 38N
RANGE: 2E
5028
tih
(�gg88,
5012
10076
Lo W
DETAIL OF SMALL TAKE
1 " = 30,
\,�titiuL L+I uNrrrrrrr
``���•��S 40AEL I IFt,4,�
%STEREO .j �'•
No. _
SO475
STATE OF
PATTERSON DENTAL SUPPLY, INC. Dimensions shown ore from the following listed Record Documents:
Instrument No. 9615702, Doted 4-24-1996
Instrument No. 9223882, Dated 7--02-1992 (plot)
Hatched Area Is the
Approximate Taking
DRAWN BY: S.M.HARTMAN
CHECKED BY: J.M.LIETZAN
DATE=: JUNE, 2004
��:= DLZ
INDIANA, LLC
2211 EAST AFFERSON BOULEVARD
SOUTH SBEN IN i 0615
RECORDED AS PRESENTED ON
PROJECT: 103-79
PARCEL: 6 & CA
--r
fi L�
T lQ ' `CPS
.. ..
12/20/2005 03:21:00PM
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $17.00
PAGES: 5
PERPETUAL STORM SEWER EASEMENT
(FOR THE CONSTRUCTION, MAINTENANCE AND REPAIRING
OF DRAINAGE STRUCTURES AND PIPE)
THIS INDENWRE WITNESSETH, That Patterson Dental Supply Inc a Minnesota corporntion
the Grantor(s), of , Dakota County, in the State of Minnesota , Grant(s) to the City of South Send, State of
Indiana, the Grantee, for and in consideration of the sum of Ten and 00/100 Dollars ($ 10.00 _), and other valuable
consideration, the receipt of which is licreby acknowledged, a perpctual casement in, under, over, along and upon certain
Real Estate of the Grantor(s) situated in the County of St. Joseph, State of Indiana, which is more particularly described in
the legal description attached hereto as Exhibit "A" of which is incorporated herein by reference, for the constntetion,
cleaning, repairing and general maintenance of storm sewer pipe and stn►etures located within the area of the said Real
Estate.
The Grantees, their respective employees, agents, contractors, subcontractors and assigns, shall have the right to enter
in, under, over, along and through the area of the said Real Estate to construct, relocate, clean, repair and generally maintain
the said drainage stn►ctures and pipe and to remove any existing or future crops, trees, shrubbery or other woody vegetation
therefrom.
The Grantor(s), and their successors in title, may use the area of said Real Estate in any manner not inconsistent with
the Grantees' operation of said storm sewer, or the provisions of this grant. provided, however, that neither the Grantor(s) nor
the Grantor's(s') successors in title shall erect any permanent stnicture, nor plant any trees, slinibbery or other woody
vegetation, within the area of said Real Estate without the prior express written consent of the Grantee.
Temporary stn►ctures niny be located within the area ol'said Real Estate but shall be removed immediately upon
notification by the Grantees of the need to enter said Real Estate to perform the liereinbefore described work.
Any such permanent or temporary structures, trees, shrubbery, woody vegetation or crops may be removed, damaged
or destroyed by the Grantees, their respective employees, agents, contractors, subcontractors and assigns entering the Real
Estate pursuant to the terms of this grant without liability or payment thereof.
Grantor(s) warrint(s) that they are the Owner(s) in Ice simple of said real estate, lawfully seized thereof and
have a good right to grant and convey the foregoing casement; warrant(s) the quiet use and enjoyment thereof;
warrant(s) that said Real Estate is free from all encumbrances inconsistent with the Grant contained herein; and
warrants(s) that they will defend Grantees' title in said casement and right of way against all claims. The easement
granted herein, and its associated benefits and obligations, shall nal with said Real Estate and be binding upon tllc
Grantor(s) and all successors and assigns. This indenture shall bind and inure to the benefit of the successors and assigns
of the Grantees,
This conveyance is subject to any and all easements, conditions and restrictions of record.
The undersigggied person executing this casement represents and certifies on behalf of the Grantor, that the
undersigned is a duly elected officer of the Grantor and has been hilly empowered by proper resolution, or the by-laws of
the Grantor, to execute and deliver this easement; tiiut ilic Gr111 tVr 's a ecrporatlon in good staad:as :R llle Cfale pr i(c
origin and, where required, in the State where the subject real estate is situate; that the Grantor his full corporate capacity
to convey the real estate described; and that all necessary corporate action for the making of this conveyance has been
duly taken.
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