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HomeMy WebLinkAbout#3142- Deed; PERPETUAL UTILITY EASEMENT NW Quarter of Section 25, Township 37 North, Range 2 East, Centre Township - 104-02431/:? 6/14JJ2006 perpetual Utility Easement LOT NO SUB. Pizza Hut of America, Inc. Ireland Road Description: NW Quarter of Section 25, To ship 37 North Range 2 East, Centre Township - 104-024 Q1Ea2t:-5 1 C--ID f1`al1SfeC Taxing Unit' Date i U PROJECT: STP-997t (053) PARCEL- 9 RECORDED AS PRESENTED ON 06/14/2006 10:22:43AM TERRI J. REMAKE ST. JOSEPH COUNTY RECORDER REC FEE: $23.00 PAGES: 7 PERPETUAL UTILITY EASEMENT (FOR THE CONSTRUCTION, MAINTENANCE AND REPAIRING OF UTILITY STRUCTURES) THIS INDENTURE WITNESSETH, That Pizza Hut of America , Inc,, a Delaware ro r n, formerly` Golden Bear Family Restaurants, hoc an Illinois corporation_ _ the Grantor(s), of _ Jefferson County, in the State of Kentucky , Grant(s) to the City of South Bend, State of Indiana, the Grantee, for and in consideration of the sum of Ten and 00/ 100 Dollars ($ 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 utility structures 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 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 manner 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 stricture, 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. Temporary 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 liereinbefore described work. Any such permanent or temporary stnictures, 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 iL is the Owner(s) in fee simple of said Real Estate, lawfiilly seized thereof and has 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 easement contained herein; and warrants(s) that it _ will defend Grantee's title in said easement 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 easement represent(s) and certify(certifies) on behalf of the Grantor, that (each of) the undersigned is a duly elected officer of the Grantor and has been frilly empowered by proper resolution, or the by-laws of the Grantor, to execute and deliver this casement; that the 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 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. Page 1 of 2 MICHAVt C. ST .3£Isrpq Y . dfv�)1A���A ID C=. =:� I � ID ��jj �r�r cN5` fitly 6 3W Taxing Unit �� PROJECT: STP-9971(053) PARCEL., 9 RECORDED AS PRESENTED ON 06/14/2006 10:22:43AM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $23.00 PAGES: 7 PERPETUAL UTILITY EASEMENT (FOR THE CONSTRUCTION, MAINTENANCE AND REPAIRING OF UTILITY STRUCTURES) THIS INDENTURE WITNESSETH, That _ Pizza Hut: of America, Inc.. a Delaware cou �r i n, formerly Golden Bear Family Restaurants, Inc.- an Illinois corporation the Grantor(s), of Jefferson County, in the State of Ken cl.. , Grant(s) to the City of South Bend, State of Indiana, the Grantee, for and inconsideration of the sum of 'fen and 00/100 Dollars ( 10.00 ), and other valuable consideration, the receipt of which is hereby acknowledged, a perpetual eascment 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 IegaI description attached hereto as Exhibit "A" of which is incorporated herein by reference, for the constriction, 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 constrict, 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 manner 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. Temporary 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 perfon-n the hereinbefore described work Any such permanent or temporary strictures, 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 ---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 easement; 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 --it._ will defend Grantee's title in said easement 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 Grantee. This conveyance is subject to any and all easements, conditions and restrictions of record. The undersigned person(s) executing this easement represent(s) and certify(certifies) on behalf of the Grantor, that (each oo 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 the 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 full corporate capacity to convey the Real Estate described; and that at necessary corporate action for the making of this conveyance has been duly taken. Page I of 2 IN WITNESS WHEREOF, the said Grantor(s) ha s executed this instrument this �- Jay of March, 2006 i H f mri In D lawar c r i n h, � 7� I �w R, � U11 (Signature) Melanie A. Bootes Attorney —in —Fact (Printed Name and Title) STATE OF KENTUCKY ) 1 SS: COUNTY OF JEFFERSON ) persona appeared Before me a Notary Public in and for said State and County, p Y PP f rmerl 1 n B r it R 7Tor^ f pizz H f Americ In D 1 re r i Restaura n Inc.,n ]llin i r l the Grantor(s) in the above conveyance, and acknowledge the e,Tecfe1On of the esentations contained thersame on the date aforesaid to be ein are truer voluntary act and deed and who, being duly sworn, stated at any P ial Seal this day of Witness my hand and Notarrcb� 200fi , Notary Public County of Residence Jefferson This instrument prepared by: John R. Livingston, Assistant City Attorney Page 2 of 2 Exhibit "Ave PROPOSED DESCRIPTION PARCEL 9 - PERMANENT EASEMENT FOR UTILITY A PERMANENT EASEMENT LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSIIIP 37 NORTII, RANGE 2 EAST OF TIIE SECOND PRINCIPAL MERIDIAN, CENTRE TOWNSILIP, 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 NORTHWEST QUARTER OF SECTION 25, ALSO BEING LINE "S-I I -A" PER I.N.D.O.T. ROAD PLANS STP- 9971(053), A DISTANCE OF 725.57 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 571.09 FEET; THENCE NORTH 02 ° 19' 10" WEST A DISTANCE OF 40.00 FEET TO A POINT (759) ON THE NORTHERLY RIGHT-OF-WAY OF IRELAND ROAD, BEING TIIE POINT OF BEGINNING; THENCE NORTH 00028'50" WEST ON THE WEST LINE OF TIIE PARCEL OF LAND DESCRIBED IN DEED BOOK 798, PAGE 114, A DISTANCE OF 3.00 FEET; THENCE NORTH 87"40'50" EAST A DISTANCE OF 171.95 FEET TO THE EAST LINE OF THE PARCEL OF LAND DESCRIBED IN DEED BOOK 798, PAGE 113; THENCE SOUTH 00 ° 51' 14" EAST ON SAID EAST LINE, A DISTANCE OF 3.00 FEET TO THE NORTHERLY RIGHT- OF-WAY OF IRELAND ROAD; TIIENCE SOUTH 87°40'50" WEST ON SAID NORTHERLY RIGHT-OF-WAY A DISTANCE OF 17I.97 FEET TO THE POINT OF BEGINNING. EASEMENT CONTAINS 0.0118 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA OCTOBER 7, 2005 04- 151 SHEET 1 OFF' PARCEL # 9 AREA PERMANENT R/W (FEE): PROJECT #:. STP-9971(053) DES #- 0101183 AREA PERMANENT EASEMENT: ROAD:, MICI-HGAN ST. AREA TEMPORARY R/W: COUNTY: ST. JOSEPH SECTION: 25 TOWNSHIP. CENTRE RANGE: 2B HI MEYERS �?D PLAT of (PLAT HOOK 758 N/A OWNER/RECORD REFERENCE: P/Z7—A 0.0118 Ac. P 0 GOWK-N--BEAD-F4WEY N yr o NIA Q u x HRANTS;-iNC 19/)1LA r C 39.55 ° 1 a27-E~fUCNB--AVE, 1 AIC . MT-:-Fft0SPE T. 1L. 66856 Z-0015 Jlue l Kv Y-0�?32 BOOK 798 PAGES 113-116 HATCH LEGEND PERMANENT R/W _ (FEE) and I� UNK S PERMANENT CHIPPEWA HEIGH S EASEMENT % 10, PAGE 176 TEMPORARY R/W 163 GOLDEN BEAR FAMILY RESTAURANT, INC BOOK 798, PAGE 114- N87'40'50"E 171.95' S87'4.0'50"W 171.97' —0— <— Q mco uj U) p�0 0 m 753 754 164 L v - -- - JL A S00'5114"E N00'28'50"W IREL qND ROAD 3.00' e 3.00' I N87'40'50"El (LINE "S-11—A") 16+00 POINT LINE STATION OFFSET NORTHING EASTING 753 S11A 17+43.06 40.00' Lt. 10822.7148 10691.5093 754 S11A 17+43.13 43.00' Lt. 10625.7154 10691,4645 758 S11A 15+71.19 43,00' Lt.1 10818.7566 10519.5579 759 S 1 1 A 15+71.09 40.00' Lt.1 10815.7552 110519.6831 1'7+00 SCALE: i"--30' No. i - 1 20200024 S I'A f E. 0I TERRITORIAL ENGINEERING, LLC 2Do5 WALi(ERTON VWAN ROBERT S. ALOI INVALID UNLESS MIQIANA L.S. S0411 L.S. 20200024 EMBOSS SEALED LIMITED POWER OF ATTORNEY BE IT KNOWN TO ALL MEN BY THESE PRESENTS, that John J. Murphy, President of each corporation listed on Exhibit "A" hereto (each "Company" and collectively, the "Companies") does hereby make, constitute and appoint Christine Marshall or Melanie Bootes as the lawful attorney -in -fact of the Companies to enter into any real estate transaction on behalf of each, or any of the Companies in the normal course of business, including without [imitation, encumbering, selling, purchasing, leasing and subleasing real or personal property, and to sign all documents and instruments, and to take all necessary or appropriate action, in connection with such real estate transactions, including without limitation deeds, conveyances, leases, subleases, assignments, purchase contracts, mortgages, deeds of trust, satisfactions of mortgage, releases of deeds of trust, easements, attornment and subordination agreements, nonciisturbance agreements and estoppel certificates. This Power of Attorney shall be valid until revoked in writing. IN WITNESS WHEREOF, this Power of Attorney was duly executed this _11'h_ day of August, 2005. Attest: By: fi L. Shultz, Secretary WITNESS r By: John J urp , Presi LIMITED POWER OF ATTORNEY BE IT KNOWN TO ALL MEN BY THESE PRESENTS, that John J. Murphy, President of each corporation listed on Exhibit "A" hereto (each "Company" and collectively, the "Companies") does hereby make, constitute and appoint Christine Marshall or Melanie Bootes as the lawful attorney -in -fact of the Companies to enter into any real estate transaction on behalf of each, or any of the Companies in the normal course of business, including without limitation, encumbering, selling, purchasing, leasing and subleasing real or personal property, and to sign all documents and instruments, and to take all necessary or appropriate action, in connection with such real estate transactions, including without limitation deeds, conveyances, leases, subleases, assignments, purchase contracts, mortgages, deeds of trust, satisfactions of mortgage, releases of deeds of trust, easements, attornment and subordination agreements, nondisturbance agreements and estoppel certificates. This Power of Attorney shall be valid until revoked in writing. IN WITNESS WHEREOF, this Power of Attorney was duly executed this _11 tr,_ day of August, 2005. Attest: By: (�-2" t�li L. Shultz, Secretary WITNESS Zj, �, mp—P, �.c� By: Job urp , Presi STATE OF TEXAS } } ss: COUNTY OF DALLAS ) I, a Notary Public of the aforesaid jurisdiction, certify that John J. Murphy and Julie L. Shultz personally came before me this day and acknowledged that John J. Murphy is the President and that Julie L. Shultz is the Secretary of each company listed on Exhibit A hereto and that by authority duly given and as the act of the said corporations, the foregoing instrument was signed in their names by John J. Murphy as President and attested by Julie L. Shultz as their Secretary. Witness my hand and official stamp or seal, this ____1 Ith — day of _August_, 2005. My commission expires: 12I2312007 ' Notary Publi s NICK M PAYNE My Commission Expires December 23, 2007 EXHIBIT "A" A & M Food Services, Inc. Big Sur Restaurant, Inc. Big Sur Restaurant No. 2, Inc. Blue Ridge Pizza Hut, Inc. Buckeye P H, Inc. Chesapeake Bay Pizza Hut, Inc. D & E Foodservice, Inc. El KrAm, Inc. Erin Investment Corp. Lake Michigan Management Co., Inc. Lee Huts, Inc. Middleton and Wilson Corporation Mountaineer Pizza Hut, Inc. One-O-Nine Company Oriole Pizza Hut, Inc. Pizza Hut of America, Inc. Pizza Hut of Charles County, Inc. Pizza Hut of Florida, Inc. Pizza Hut of North America, Inc. Pizza Hut of St. Louis, Inc. Pizza Hut of St. Mary's County, Inc. Pizza Hut of Titusville, Inc. Pizza Hut West, Inc. Pizza Huts of Cincinnati, Inc. Pizza Huts of Las Vegas Pizza Management, Inc. Red Raider Pizza Company Romet Corp. Semoran Management Corporation Semoran Pizza Huts, Inc. Single Tree Corporation Southern Tier Pizza Hut, Inc. Supreme Pizza, Inc. Tri-L Pizza Huts, Inc.