The URL can be used to link to this page

Home My WebLink About#3146- Deed; PERPETUAL UTILITY EASEMENT SW Quarter of Section 25, Township 37 North, Range 2 East, Centre Township - 104-0243 31 6 611 /2006 Perpetual Utility Easement LOT NO. SUB: Husband, James & Mary Susan Ireland Road Description: Sir Quarter of Section 25, Township 37 North, Range 2 East, Centre Township _ 104-024 3�4C�, Taxing �? ca 761 PROJECT: PARCEL: STP-9971(053) 8 RECORDED AS PRESENTED ON PERPETUAL UTILITY EASEMENT 06/14/2006 10:20:42AM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: S17.00 PAGES: 4 (FOR THE CONSTRUCTION, MAINTENANCE AND REPAIRING OF UTILITY STRUCTURES) THIS INDENTURE WITNESSETH, That J me D F€ b n n Mai S an Fl isb-n the Grantor(s), of St. Josoj)h County, in the State of Indiana , 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 (`E; 10.00 ), and other valuable consideration, the receipt of which is hereby acknowledged, a perpetual easement in, tinder, 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 constnict, relocate, clean, repair and generally maintain the said utilit}, 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 shalt erect any permanent stnicture, 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 irnrnediately upon noblication by the Grantee of the need to enter said Real Estate to perform the hereinbefore described work. Any such penunaneut or temporary strictures, trees, sluarbbery, 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 teens of this easement without liability or payment thereof. Grantor(s) warrant(s) that they are the Owner(s) in fee simple of said Real Estate, lawfully 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 easement contained herein; and warrants(s) that It icy 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 assitnts. This indenture shall bind and inure to [lie 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, (lie said Grantor(s) ha ve executed this instrrunent this day of .� , 2005. (S' unahu-e) JamsJaims D. 1-1 s nd (Printed Name) (Sbignature) May y Susan Flusband (Printed Name) Page 1 Of 2. ROY A. BUSKIRK ?•fp,;AY•.: Allen Counly My Commission Expires March 13.2009 r 10 STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me a Notary Public in and for said State and County, personally appeared James D. Husband and MauisanH n the Grantor(s) in the above conveyance, and acknowledge the execution of the same on the dale aforesaid to be —.their voluntary act and deed and who, being duly sworn, stated that any representations contained therein are true. Witness my hand and Notarial Seal this Aday offleo , _, ?pqj. My Conmiission Expires: V� Notary Pub County of Residence A 1j(,/) This instniment prepared by: John R. Livingston, Assistant City Attorney BilSVC nIRK +� 'Y A. �?Y ""4F., A!!en County My G0M65 ion Ex4ites Match 13.2003 Page 2 of 2 tExhibit "A" PROPOSED DESCRIPTION PARCEL 8 - 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 NORTHWEST QUARTER OF SECTION 25, ALSO BEING LINE "S-11-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 743.06 FEET; THENCE NORTH 02 ° 19' 10" WEST A DISTANCE OF 40.00 FEET TO A POINT (753) ON THE NORTHERLY RIGHT-OF-WAY OF IRELAND ROAD, BEING TIIE POINT OF BEGINNING; THENCE NORTH 00°51' 14" WEST ON THE WEST LINE OF THE PARCEL OF LAND DESCRIBED IN DEED DOCUMENT #0463778, A DISTANCE OF 3.00 FEET; THENCE NORTH 87°40'50" EAST A DISTANCE OF 77.26 FEET; THENCE SOUTH 74°57'55" EAST A DISTANCE OF 10.06 FEET TO THE NORTHERLY RIGHT-OF-WAY OF IRELAND ROAD; THENCE SOUTH 87040'50" WEST ON SAID NORTHERLY RIGHT-OF-WAY A DISTANCE OF 86.94 FEET TO TIIE POINT OF BEGINNING. EASEMENT CONTAINS 0.0057 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA OCTOBER 6, 2005 04-151 SIIEET I OF V PARCEL #'. 8 AREA PERMANENT R/W (FEE): PROJECT+•". STP-9971(053) DES #: 0101193 AREA PERMANENT EASEMENT: ROAD: MICL-11GAN ST. AREA TEMPORARY R/W: COUNTY: ST. JOSEP14 5ECTION: 25 TOWNSHIP: CENTRE RANGE: 2E N/A OWNER/RECORD REFERENCE: 0,0057 Ac. JAMES D. AND MARY SUSAN HUSBAND NIA 219 E. IRELAND RD. SOUTH BEND, IN 46614 DOC. #0463778 HATCH LEGEND PERMANENT R/W%%� EYERS and FUNKS PERMANENT THIRD LAT of CHIPPEWA HEIGHTS (PL BOOK 10, PAGE 1 rry6) TEMPORARY R/W l+' 755 S74'57'55"E 10.06, 754 N87'40'50"E 77.26' „� S8T40'5Q"W 86.94' NOO'51 ' 14"W 752 3M' IRELAND ROAD 753 N87.40'50"E (LINE "5--11--A'•) I B+00 POINT LINE STATION OFFSET NORTHING EASTING 752 S11A 18+30 40.00' Lt. 10826.2334 10778,3796 753 S11A 17+43,06 40.00' Lt. 10822.7148 10591.5093 754 S11A 17+43.13 43,00' Lt. 10825.7154 10591.4645 755 1 S11A 1 18+20.40 43.00' Lt. 10828.8424 10768.6660 TERRITORIAL ENGINEERING, LLC li^ WALUWFON A�IDIANA SHEET SCALE: k"=20' p Qr No. - 20200024 _- t STArF. or- SUR VAN H. JANOVIC ROBERT S. ALOI L.S. SO411 L.S. 20200024 2 of '� 10 2005 ITNALID UNLESS EMBOSS SEA>_ED