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Home My WebLink About#3101- Deed; PERPETUAL UTILITY EASEMENT A Permanent Easement for Utility Located in the NW Quarter of Section 25, Township 37 North, Range 2 East of the Second Principal Meridian Ireland Street Project NO. 104-04031 1 5/8 006 Perpetual Utility Easement LOT NO. SUB: Magnum Minor Sub Magnum Investments, Inc. Michigan Street Description: A Permanent Easement for Utility Located in the NW Quarter of Section 25, Township 37 North, Range 2 East of the Second Principal Meridian Ireland Street Project NO. 104-040 4 PROJECT: STP-9971(053) PARCEL: 12 IZIC 1 76'_9 1 RECORDED AS PRESENTED ON 05/08/2006 10:45:09AM �j TERRI J. RETHLAKE tl ST. JOSEPH COUNTY RECORDER REC FEE: $17.00 PAGES: 4 PERPETUAL UTILITY EASEMENT (FOR THE CONSTRUCTION, MAINTENANCE AND REPAIRING OF UTILITY STRUCTURES) THIS INDENTURE WITNESSETH, That Magnuminvesonents Inc. the Grantor(s), of St. Joscl 1? i - County, in the State of Indiana , Grants) to the City of South Bend, State of Indiana, the Grantee, for and in consideration of (lie sum of Ten and 00/100_ Dollars ($ 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 utility strictures located within the area of the said Real Estate. The Grantee, its 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 utility strictures 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 Grantee's operation of said utility structures, or [lie provisions of this easement, provided, however, that neither the Grantor(s) nor the Grantor's(s') successors in title shall erect any permanent stricture, nor plant any trees, shrubbery or other woody vegetation, within the area of said Real Estate without the prior express written consent of die Grantee. Temporary structures may be located within the area of said Real Estate but shall be removed inunediately upon notification by the Grantee of the need to enter said Real Estate to perform [lie hereinbefore described work. Any such permanent or temporary structures, trees, slulibbery, woody vegetation or crops may be removed, damaged or destroyed by the Grantee, its respective employees, agents, contractors, subcontractors and assigns entering the Real Estate pursuant to the terms of this easement without Iiability or payment thereof. Grantor(s) warrant(s) that it is the Owner(s) in fee simple of said Real Estate, lawfully seized thereof and has 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 easement contained herein; and warrants(s) Chat it will defend Grantee's title in said casement against all claims. The easement granted herein, and its associated benefits and obligations, shall run 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 Grantee. This conveyance is subject to any and all easements, conditions and restrictions of record. The Undersigned person(s) executing this casement represent(s) and certi6,(certities) on behalf of the Grantor, that (each of) the undersigned is a duly elected officer of the Grantor and has been fully empowered by proper resolution, or the by-laws of the Grantor, to execute and deliver this casement; that [lie Grantor is a corporation in good standing in the State of its origin and, where required, in the State where the subject Real Estate is situate; that the Grantor has fidl corporate capacity to convey the Real Estate described; and that all necessary corporate action for the staking of this conveyance has been duly taken. Page 1 of 2 IN WITNESS WHERE, 01, the said Grantor(s) ha s executed this inslnlment lhls J--" k day of Ma��►rm hive Imer�ts T►►c _ By (Signature) _ John Becker, President (Printed Name and Title) STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) FE�- ROY A. eUSKIRK AIIen County piresMy Commission Ex March 13, 2009 Before me a Notary Public in and for said Slate and County, personally appeared John Becker Presi n of Ma iwni Investinents,Tnc the 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, staled that any representations contained therein are true. Witness nny hand and Notarial Seal this My Conunission Expires: -2--W day of Notary Public County of Resi teince This instr►trr►ent prepared by: Jolvi R. Livingston, Assistant City Attorney Page 2 of 2 Exhibit ",A" PROPOSED DESCRIPTION PA RCEL 12 - PERMANENT EASEMENT FOR UTILITY A PERMANENT EASEMENT LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN, CENTRE TOWNSHIP, ST.JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 25, AS EVIDENCED BY AN ALUMINUM SECTION CORNER MARKER; THENCE NORTH 87 ° 40' 50" EAST ON THE SOUTH LINE OF THE NORTH WEST QUARTER OF SECTION 25, ALSO BEING LINE "S-1 l-A" PER I.N.D.O.T. ROAD PLANS STP- 9971(053), A DISTANCE OF 726.57 FEET TO LINE "A" PER I.N.D.O.T. ROAD PLANS STP-9971(053); THENCE CONTINUING NORTH 87°40'50" EAST ON LINE "S-11-A" PER I.N.D.O.T. ROAD PLANS STP-9971(053) A DISTANCE OF 371.62 FEET; THENCE NORTH 02 ° 19' 10" WEST A DISTANCE OF 40.00 FEET TO A POINT (541) ON THE NORTHERLY RIGHT-OF-WAY OF IRELAND ROAD, BEING THE POINT OF BEGINNING; THENCE NORTH 00 ° 36' 16" EAST ON THE WEST LINE OF THE PARCEL OF LAND DESCRIBED IN DEED DOCUMENT 99305759, A DISTANCE OF 3.00 FEET; THENCE NORTH 87°40'50" EAST A DISTANCE OF 45.00 FEET TO THE EAST LINE OF THE PARCEL OF LAND DESCRIBED IN DEED DOCUMENT 119305759; THENCE SOUTH 00°36' 16" WES"C ON SAID EAST LINE A DISTANCE OF 3.00 FEET TO THE NORTHERLY RIGHT- OF-WAY OF IRELAND ROAD; THENCE SOUTH 87°40'50" WEST ON SAID NORTHERLY RIGI-IT-OF-WAY A DISTANCE OF 45.00 FEET TO THE POINT OF BEGINNING. EASEMENT CONTAINS 0.0031 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA OCTOBER 7, 2005 04-151 SHEET I OF Y PARCEL #t: • 12 AREA PERMANENT R/W (FEE): PPOIECT,� SIP-9971(053) DES ## 0101183 AREA PERMANENT EASEMENT: ADAD: ' M1CIIIGAN ST. AREATEMPORARY R/W: COUNTY: ST. JOSEPII SECTION: 25 TOWNSHIP: CENTRE RANGE: 2E 542 MAGNUM MINOR SUBDIVISION DOC.# 9344946 N87'40'50"E 45.00' NIA OWNER/RECORD REFERENCE: 0.0031 Ac. MAGNUM INVESTMENTS, INC. NIA 24.00 MIRACLE LANE MISHAWAKA, IN 4654-5 DOC# 9305759 768 ) HATCH LEGEND PERMANENT R/W (FEE) PERMANENT EASEMENT TEMPORARY R/W 717 S87'40'50'W 4.5.00' S00'36'16"W N00'36' 16"E:7 3.00' 3.00' 541 767 IRELAND ROAD N87-40'50"E (LINE "S--11—A") 14+00 POINT LINE STATION OFFSET NORTHING EASTING 541 S 11 A 13-+-71.62 40.00' Lt. 10807.6824 10320.3743 542 S 11 A 13-1-71.77 43.00' Lt. 10810.6862 10320.4060 767 S11A 14+16.62 40.00' Lt. 10809-5035 10365.3375 768 S 1 1 A 14 a 1 6.77 43.00' Lt. 10812.5074 10365.3692 SCALE: I"-2�' TERRITORIAL ENGR-4EERING, LLC VAN H. JANOVIC WAIL KEWON INID A L.S. SO411 No. ° ti 20200024 nA3'1r ov �111f1111I I►11111\ \� &4�-; 1//J/' 2005 ROBERT S. ALOI INVALID UNLESS L.S. 20200024 EMBOSS SEALED