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Home My WebLink About#3127- Deed; PERPETUAL UTILITY EASEMENT NW Quarter of Section 25 Township 37 North, Range 2 East of the 2nd Principal Meridian, Centre Township Michigan Street Project 104-02431 6/13/2006 Perpetual Utility Easement LOT NO. SUB: Bassett, Barbara, Trusttee and Patricia Bassett Michigan Street Description: N!W Quarter of Section 25 Township 37 North, Range 2 East of the 2nd Principal Meridian, Centre Township Michigan Street Project 104-024 31 6/1 /2006 Perpetual Utility Basement LOT NO. SUB: 1 Bassett, Barbara, Trusttee and Patricia Bassett Michigan Street Description: N/W Quarter of Section 25 Township 37 North, Range 2 East of the 2nd Principal Meridian, Centre Township Michigan Street Project i 104-024 15 PROJECT: STP-9971(053) PARCEL: 13A 423C ;R4903 RECORDED AS PRESENTED ON 06/13/2006 01:40:27PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $19.00 PAGES: 5 PERPETUAL UTILITY EASEMENT (FOR THE CONSTRUCTION, MAINTENANCE AND REPAIRING OF UTILITY STRUCTURES) THIS INDENTURE WITNESSETI-I, That Barbara E. RflSselt,f 1-vim n in he State of alif rnia S-Q1c S.Irvivina—Tw5lee ofThe Barba ra andL s er Rasselt Tnist wider DeclaraliQu and Instrunignt orli-List date Feb >, 26 1993 -n ui i n e ne-h If l 2 interest ud Pa ricia A Bassett, of Ardpahoe County,in the State ofClrao n nii lle-hlf 12 in r cst the Grantors, both being over the age of eighteen (18) years, 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 ackmmvledged, a perpetual easement in, under, over, along and upon certain Real Estate of the Grantor(s) situated in the County of St. Joscph, 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 structures located within (lie 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 structures 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 Grantee's operation of said utility structures, or the provisions of this easement, 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 without the prior express written consent of the Grantee. Temporal), structures may be located within the area of said Real Estate but shall be removed immediately upon notification by the Grantee of the need to enter said Real Estate to perform the hereinbefore described work. Any such penmanent or temporary structures, trees, shrubbery, 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 liability or payment thereof. Grantor(s) warrant(s) that they are _ the ObVner(S) in fee simple of said Real Estate, lawfiully 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 easement contained herein; and warrants(s) that 1- l new- will defend Grantee's title in said easement against all claims. The easement granted herein, and its associated benefits and obligations, shall min with said Real Estate and be binding upon the Grantor(s) and all successors and assigns. Tlus 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. IN WITNESS WHEREOF, the said Grantor(s) lua ve _ executed this instrument this _ ,:,g 7-r,4 day of 2005. Page I of 3 The undersigned person executing this easement represents and certifies that she is the Sole Sun4ving Trustee of The Barbara and Lester Bassett Trust under Declaration and Instrument of Trust dated Februa 26 1993 ; and that pursuant to the Trust Agreement, has hull authority to manage the affairs of said Trust and sign and execute documents on its behalf, that this authority has not been revoked; and therefore, is fiully authorized and empowered to convey to the City of South Bend, State of Indiana real estate of the Trust; and on the date of execution of said conveyance instruments, it had full authority to so act. An undivided one-half (1/2) interest The Barbara and Lester Bassett Trust under Declaration and Instrument fTrust dated February 261993 (Signature) Barbara E. Bassett, Sole Surviving Trustee (Printed Name and Title) STATE OF CALIFORNIA ) y () L , _1 ) SS: COUNTY OF ) Before me a Notary Public in and for said State and County, personally appeared Barbara E, Bassett Sole Surviving Trustee of The Barbara and_ Oster Bassett Trust under Declaration and In trument of Trust dated —February 261993 an undivided one-half(112)interest- the Grantor(s) in the above conveyance, and acknowledge the execution of the same on the date aforesaid to be her 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 _ �� , 2005. My Commission Expires: Notary Public Count), of Residence L d S��E g�a�.a: flF.tYtNA �+ C,om;Y.�::�en trshirt503 � ' Notoiq PuURc • Caiitornlo N rr-o County My Comm. fwires Nov, d, 2009 Page 2 of 3 POII 54 54 54. 54. An undivided one-half (112) interest 2 (Signature) Pari i A Bos—fl . (Printed Name) STATE OF COLORADO SS: COUNTY OF ARAPAHOE ) Before me a Notary Public in and for said State and Counth , l3crsonally appeared Patricia A B� se, m i i e one-h� If 1 2 in er the Grantor(s) in the above conveyance, and aclazowledge t1}c�t 11 c�'e1Ql� ° ntetionslcontained tl ereinrareltrue d to be voluntary act and deed and who, being duly sworn. stated t ) l 2005. Witness my hand and Notarial Seal this � day of � z My Commission Expires: Notary Publi � =NOTARY AW County of Residence , UBLIC ORADO My Commjw* 22, 2004 This instrument prepared by: John R. Livingston, Assistant City Attorney llage 3 of 3 Exhibit "A" PROPOSED DESCRIPTION t PARCEL 13A - PERMANENT EASEMENT FOR UTILITY A PERMANENT EASEMENT LOCATED IN THE NORTI-IWES`I' QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST of THE SECOND PRINCIPAL MERIDIAN, CENTRE TOWNSHIP, ST..IOSEPH 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 87040'50" EAST ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 25, ALSO BEING LINE "S-1I-A" PER I.N.D.O.T. ROAD PLANS STP- 9971(053), A DISTANCE OF 726.57 FEET TO LINE "A" PER LN.D.O.T. PLANS STP-9971(053); THENCE CONTINUINING NORTH 87040'50" EAST ON LINE "S- II-A" PER I.N.D.O.T. PLANS STP-9971(053),A DISTANCE OF 118.13 FEET; THENCE NORTH 02 ° 19' 10" WEST A DISTANCE OF 40.00 FEET TO A POINT (540) ON THE NORTHERLY RIGHT-OF-WAY OF IRELAND ROAD, BEING THE POINT OF BEGINNING; THENCE NORTH 47'37'20" WEST ON THE EASTERLY RIGHT-OF-WAY OF MICHIGAN STREET (U.S. 31), A DISTANCE OF 4.27 FEET; THENCE NORTH 87 ° 40' 50" EAST A DISTANCE OF 256.67 FEET TO THE EAST LINE OF THE PARCEL OF LAND DESCRIBED IN DEED DOCUMENT # 9306721; THENCE SOUTH 00 ° 36' 16" WEST, ON SAID EAST LINE, A DISTANCE OF 3.00 FEET TO THE NORTHERLY RIGHT-OF-WAY OF IRELAND ROAD; THENCE SOUTH 87040'50" WEST, ON SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 253.49 FEET TO THE POINT OF BEGINNING. EASEMENT CONTAINS 0.0175 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA OCTOBER 7, 2005 04-I51 SHEET 1 OFT POINT LINE STATION OFFSET NORTHING EASTING 54 0 " S 1 1 A" 11 + 18.13 40,00' Lt. 10797.4237 10067.0948 541 "S 1 1 A° 13+71.62 40.00' Lt. 10807, 6824 10320.3743 542 "S11A" 13+71.77 43.00' Lt. 10810.6862 10320AOR 543 "S 1 1 A" 11 + 15.10 43.00' Lt. 10800.2985 10063.9440 TERRITORIAL, ENGINEERING, LLC WALKERTON INDIANA No. t 20200024 F 5 TAPE- OF r (`\ SCALE: 1.._ -40 ell" ", % 2005 VAN H JANOVIC ROBERT S. ALOI INVALID UNLESS L.S. SO411 L.S. 20200024 EMBOSS SEALED PARCF.!: #: ' 3.1 AREA PERMANENT R/W (FEE): A ' N/A PROJECT 4: STP-9971(053) DES#: 0101183 + • AREA PERMANENT EASEMENT: 0.0175 Ac, ROAD: MICLUCAN ST. AREA TEMPORARY R/W: N/A COUNTY: ST.70SE141 SECTION: =5 A TOWNSHIP: CENTRE RANGE: 2E OWNER/RECORD REFERENCE: LESTEA E WSSEfT 440 BANARA E. SASSETr "rf; ur- DOC.j 9306721 LE51ER E. BASSETT Aw BARBARA E. BASSETT, JAMES M. BeSETT AND PATMCtA A. SASSEfT DEED RECORD 730, PAGE 320 0/0 MARATHON ASIRA40 PETROIEUM PROPERTY TAX MICHIGAN ST. (U.S. 3-1) i N47'37'20"W 4.27' i iI 1 i 540 - I I I i M M L Z ®i r1o; z y i 42 a � UCO Ln Q ri _ 0� A D x N v0 m Cn frl C,! N i I � a C.a i i 541 I POINT i LINE STATION OFFSET NORTHING EASTING 540 "S11A" 11+15.13 40.00' Lt. 10797,4237 10067.0948 541 "S 1 1 A" 13+71.62 40.00' Lt. 10807, 6824 10320.3743 542 "S11A" 13+71.77 43.00' Lt. 10810.6862 10320.4060 543 "S 1 1 A" 1 1 + 15.10 43.00' Lt., 10800.2985 10063.9440 543 542 45540 HATCH LEGEND PERMANENT R/W / (FEE=) PERMANENT EASEMENT TEMPORARY R/W SO0'36' 16"W 3.00' SCALE: 1 "=40' 5T� r 20200024 ' -} /f1''� ilrl I I SU C_TERRITORIAL ENGINEERING, 2005 LLC f- VAN H. JANOVIC ROBERT S. AL01 INVALID UNLESS WALSERTON INUANA L.S. S0411 L.S. 2020DO24 EMBOSS SEALED .S 1-! EE-r o2 O F -�