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Home My WebLink About#3173- Deed; PERMANENT UTILITY EASEMENT - FACILITY A Part of the Northwest Quarter of Section 17, Township 38 North, Range 2 East, German Township (4.577 Acres)3� 9/8/2006 Permanent Utility Easement - Facility LOT NO. SUB: Portage Prairie Description: i A Part of the Northwest Quarter of Section 17, Township 38 North, Range 2 East, German Township 11 (4.577 Acres) 3( 73 RECORDED AS PRESENTED ON 09/08/2006 01:13:28PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $27.00 PERMANENT UTII.ITY EASEMENT PAGES: 7 (StOrM Water Basin) THIS INDENTURE, made this 4 day of _ U V; f 2006 by and between HURON PARTNERS, L.P. and WAGGONER'S DAIRY FARMS, INC (collectively, the "Grantor"), and the CITY OF SOUTH BEND, INDIANA (hereinafter "Grantee"). WITNESSETH: That for One Dollar ($1.00) and other good and valuable consideration, the receipt of which Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a permanent easement of the nature and at the location hereinafter set forth and described for the installation, construction, operation, maintenance, adjustment, replacement, repair, alteration, removal, modernization, and use of storm sewer systems, storm water basins and related utility systems, together with the right of ingress to and egress from said easement for said purposes including the use and transportation of equipment or facilities incident thereto, in, upon, over and under the following described real estate in the City of South Bend, St. Joseph County, State of Indiana, briefly described at Exhibit A. The use of the easement as a storm water basin shall include, but is not limited to, the storage of water in and on said real estate. The easement granted herein shall pertain to the air, surface, and subsurface rights and interests of the Grantor, for the use and benefit of the Grantee, and its successors, successors in interest and assigns, to the nature and extent Grantee may desire said rights and interests to accomplish and carry out the general purpose of this conveyance as the same has been hereinabove expressed. The easement hereby granted expressly includes the right and privilege at reasonable times to clean and remove from said easement such timber, brush, debris or obstructions interfering with the use of the real estate described at Exhibit A by the Grantee for the purposes expressed above. The Grantee shall not be responsible for restoring (or compensating anyone for) improvements or obstructions damaged by the utility systems or the actions or omissions of Grantee (or caused by the Grantee) related to its design, use, maintenance, repair, replacement or access of its storm water basin or utility systems, or related to its additional use of its rights granted hereunder or otherwise. The Grantee shall further not be responsible for any damage caused by storm water, including any excess or flooding thereof, whether on the real estate, on any other real estate in which the Grantee has an interest or elsewhere_ The Grantor reserve the right to use and occupy the real estate to the extent such use does not, Page 1 of 4 in any way, interfere, contlict or obstruct the Grantee's right to use said real estate, in the opinion of the Grantee, for the purpose and intentions hereinabove expressed. More specifically, the Grantee may also use of the real estate for storm water and utility purposes provided that the Grantee shall not use the real estate in a manner that may prevent the storm water basin and utility systems from having sufficient capacity to, or being used to, accomplish the Grantee's purposes. The easement granted herein and its associated benefits and obligations, shall constitute covenants panning with the real estate, and shall be binding upon the Grantor and be an obligation thereofof every person or entity now or hereafter having any fee, leasehold, or other interest in all or any part of the said real estate. This indenture shall bind and inure to the benefit of the respective successors and assigns of the parties hereto. The Grantor hereby covenants with Grantee that it has lawfully seized and is possessed of the parcel of real estate hereinabove described; that it has a good and lawful right to sell and convey; and that it will warrant and forever defend the title and quiet possession thereto against the lawful claims of all persons whomsoever. Grantor hereby releases any and all claims from whatsoever cause, incidental to the exercise of any rights herein granted. The undersigned person(s) executing this Permanent Utility Easement on behalf of Huron Partners, L.P. represent and certify that the undersigned is (are) the General Partner of Huron Partners, L.P. and has (have) been fully empowered by proper resolution or other action of the Huron Partners, L.P. to execute and deliver this easement, and all other instruments of transfer, for and on behalf of Huron Partners, L.P. that Huron Partners, L.P. is a partnership in good standing in the State of its origin and, where required, in the State where the subject real estate is situate; that Huron Partners, L.P. has full legal capacity to convey the real estate described; and that all necessary partnership action for the making of this conveyance has been duly taken. The undersigned person(s) executing this Permanent Utility Easement on behalf of Waggoner's Dairy Farms, Inc. represent and certify that the undersigned has (have) been fully empowered by proper resolution or other action of the Waggoner's Dairy Farms, fne. to execute and deliver this easement, and all other instruments of transfer, for and on behalf of Waggoner's Dairy Farms, Inc.; that Waggoner's Dairy Farms, Inc. 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 Waggoner's Dairy Farms, Inc. has full legal capacity to convey the real estate described; that such action is not inconsistent with the articles of incorporation or bylaws of said corporation and that all necessary partnership action for the making of this conveyance has been duly taken. Pursuant to INDIANA CODE § 32-23-2-5 (a), the original recorded plat containing the Property Page 2 of 4 Interest (or if no plat for parcel is recorded, the most recent deed of record) is: Doc. No. recorded on the 3 I st da of �� iJeccm�-r )S intheOffice of the Recorder of St. Joseph County, Indiana. cvo Dry, IV, a63's-y3 PC tcz J"Jg IN WITNESS WHEREOF, the said Grantor has executed this Permanent Utility Easement on the date first set forth above. HURON PARTNERS, L.P. V�-0s DG&,, -- /Q91—r ure T 11,41 /L YnnledNomemr Tirle STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before e, the enders' ed, a Notary Public, in and for said County and State, personally appe ed r and known to me to be the and respectively of Huron Partners, L.P. and acknowledged the executi of the foregoing Permanent Utility Easement. IN WITNESS REOF, I have hereunto subscribed my name and affixed myoti"Efal"seal - on the day of 2006. Lcnm 5$s_1 CXPr;rS /` o�—dUcj Shag n Pie 6xvcc,,Votary Public ^ 4. Residing in St. Joseph County, Indiana Page 3 of 4 WAGGONER'S DAIRY FARMS, INC. rW gnarvre h W kG � � P-nnl ame 7111e s STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) slb'I1afLre Prinfecl Name an Yifle Before me, the Tdersigned, a Notary Public, in and for said County and State, personally appe ed. and Down to me to be the and respectively of Waggoner's Dairy Farms, Inc. and acknowledged the execution of the foregoing Permanent Utility Easement. I N WITNESS WHEREOF, I have hereunto subscribed my name and affixed my gfficial e4--' on the day of 2006. n o— rc ars:j Notary Public ti - Residing in St. Joseph County, Indiana j sC Prepared by Shawn E. Peterson, Assistant City Attorney I ajfirm, under the penalties ofperjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by lmv. (name) s 4f" ( Pe-/ LIuln Page 4 of 4 ACCEPTANCE The City of South Bend, by and through its Board of Public Works, accepts this Permanent Utility Easement. Dated this day of (LW2006. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot Carl Attest: �} �1 Angela . Jacob, CIA STATE OF INDIANA ) )SS: COUNTY OF ST JOSEPH ) Inks a Before me, the undersigned, a Notary Pub] is in and for said County and State, personally appeared Gary Gilot, Carl Littrell, and Dori Inks, the members of the City of South Bend, Board of Public Works, and acknowledged the acceptance of the foregoing Permanent Utility Easement. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on�, 2006. ' t.." Notary PubW My Coimnissiol�' Expires: Rcsidina in � .. _ , t iy! Prepared by Shawn E. Peterson, Assistant City Attorney I affirm, under lhepenalties ofperjtuy, thath ave lake feasonable care to redact each Social Security number in'lTris document, unless required by lenv. (name) - l , �ry�j-'1 EXHIBIT A Legal Description of Permanent Utility Easement PERMANENT UTILITY EASEMENT FACILITY A PART OF TIC NORTHWEST QUARTER Or, SECTION 17, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER, SAID CORNER BEING MARKED BY A HARRISON MONUMENT; THENCE SOUTH 00 DEGREES 12 MINUTES 46 SECONDS EAST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1296.62 FEET; THENCE NORTH 89 DEGREES 47 MINUTES 14 SECONDS EAST, A DISTANCE OF 500.78 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 44 MINUTES 25 SECONDS EAST, A DISTANCE OF 502.00 FEET; THENCE SOUTH 00 DEGREES 15 MINUTES 35 SECONDS EAST, A DISTANCE OF 397.15 FEET; THENCE SOUTH 89 DEGREES 44 MINUTES 25 SECONDS WEST, A DISTANCE OF 502.00 FEET; THENCE NORTH 00 DEGREES 15 MINUTES 35 SECONDS WEST, A DISTANCE OF 397.15 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 4.577 ACRES, MORE OR LESS; SUBJECT TO ALL EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD. P.O.C. NW CORNER OF THE NW 1/4, SEC. 17, T38N, R2E HARR. MON. ADAMS ROAD 1 NORTH LINE OF THE NW 1/4, SEC. 17-T38N-R2E w o N O 00 z F _IT I r N89'47' U w to \ I Q w LL 0 w z w SHEET 1 OF 1 CURRENTLY OR PREVIOUSLY OJ1101_ WAGGONER FARMS DEVELOPMENT, L.P, 227 SOUTH MAIN ST, SUITE 300 pR y F��F�P6 SOUTH BEND, IN 46601 4\R .3 a66 4"E 500 --70.00'-f >^ 0 aV) z0- a0 r� Qa 30.00' G J� C pO��R� t1A,O o� N 0 S 5' 7 P.O.8. PERMANENT UTILITY CEASEMENT FACILITY 78' j lI 45.00' 1 O N cV PORTAGE PRAIRIE MINOR Al I LOT i N 89'44' 25"E 502.00' )0 CURRENTLY OR PREVIOUSLY WAGGONER'S DAIRY FARMS, INC. 1402 KESSLER BOULEVARD SOUTH BEND, IN 46616 158.38' PERMANENT UTILITY TOPSOIL ON EASEMENT FACILITY STOCKPILE N AREA BORROW AREA FOR ROADWAY) S89'44'25"W 502.00' --15,00' PORTAGE PRAIRIE TOTAL AREA: MINOR #1 PERMANENT UTILITY EASEMENT FACILITY LOT 1 Q�1410 9 goo 4 t4.577 AC. 1 pz��R SJ66p� 15 FT. UTILITY EASEMENT 30 FT. LANDSCAPE ryZ� So AND NON -VEHICULAR ACCESS EASEMENT GRAPHIC SCALE 100 a 50 100 2c ( IN FEET 1 inch = 100 tt PERMANENT UTILITY NON ABONMARCHE CONSULTANTS, L.L.C. EASEMENT FACILITY 750 Lincoln Way East Fort Wayne, Indiana NW 1I4, SEC. 17-T38N-R2E South Bend, Ind[ano 46601 Benton Harbor, Michigan (574) 232-8700 Manistee, Michigan FAX: (574) 251-4440 DATE: 08-01-06 SCALE- 1°-100' ENGINEERING / LAND SURVEYING / PLANNING / CONSTRUGMON SERVICES