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Home My WebLink About#3174- Deed; PERMANENT UTILITY EASEMENT - 20 FOOT WIDE A part of the Northwest Quarter of Section 17, and Northeast Quarter of Section 18, Both in Township 38 North, Rand 2 East, German Township (0.189 Acre)3 �?4 9/8/2006 Permanent Utility Easement - 20-Foot Wide LOT NO. SUB: Portage Prairie Description: A part of the Northwest Quarter of Section 17, and Northeast Quarter of Section 18, Both in Township 38 North, Rand 2 East, German Township (0.189 Acre) 3 I71 PERMANENT UTILITY EASEMENT (Storm Server) 2D(S--3<3KD31 RECORDED AS PRESENTED ON 09/08/2006 01:13:29PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $28.00 PAGES: 7 THIS INDENTURE, made this —Z— day of2006 by and between WAGGONER FARMS DEVELOPMENT, L.P. and WAGGONER'S DAIRY FARMS, INC. (collectively, the "Grantor"), and the CITY OF SOUTH BEND, INDlAINA (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 utility systems, including a storm sewer, a sanitary sewer system, a water system, other similar utility systems and related facilities, 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 real estate in the City of South Bend, St. Joseph County, State of Indiana, more particularly described at Exhibit A. 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 utility systems in said easement. The Grantee shall restore the land disturbed by its work to as near the original conditions as is reasonably practicable; provided however, that 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 utility systems or related to its additional use of its rights granted hereunder or otherwise. The Grantors reserve the right to use and occupy the surface area on and over the easement provided that said use and occupancy does not in any way conflict or obstruct the Grantee's right to use said surface, in the Grantee's sole opinion, for the purpose and intentions hereinabove expressed. Page 1 of 4 The easement granted herein and its associated benefits and obligations, shall constitute covenants running with the real estate, and shall be binding upon the Grantor and be an obligation thereof of 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 patties hereto. The Grantor hereby covenants with Grantee that it has lawfully seized and is possessed ofthe 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 clairris from whatsoever cause, incidental to the exercise of any rights herein granted. The undersigned person(s) executing this permanent Utility Easement on behalf of Waggoner Farms Development, L.P. represent and certify that the undersigned is (are) the General Partner of Waggoner Farms Development, L.P. and has (have) been fully empowered by proper resolution or other action of the Waggoner Farms Development, L.P. to execute and deliver this easement, and all other instruments of transfer, for and on behalf of Waggoner Farms Development, L.P.; that Waggoner Farms Development, 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 Waggoner Farms Development, 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, Inc, 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 Interest (or if no plat for parcel is recorded, the most recent deed of record) is: Doc. No. a, - q -� Q , recorded onthe l S-r da of be_co.rd,, .. Y � 2 , I q 7,.5 in the Office of the Recorder of St. Joseph County, Indiana. Page 2 of 4 IN WITNESS WHEREOF, the said Grantor has executed this Permanent Utility Easement on the date first set forth above. YGGO R FARMS DEVELOPMENT, L.P. � STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) 5tFvi-re APPROVED Board of Public, Works Prin INomeGild'Lille AUG 14 2006 Bef e me, the and rsigned, a Notary Public, in and for said County and State, personally Aapped , and known to me to be the and respectively of Waggoner Farms Development, L.P. ow edged the execution of the foregoing Permanent utility Easement. IN W! I I ESS WHEREOF, I have hereunto subscribed my name and affixed my on the day of , 2006. cr ylges ,urn,. �t c4al-,4 -Notary Public Residing in St. Joseph County, Indiana Page 3 of 4 WAGGONER'S DAIRY FARMS, INC. 152 /rJ Si afire t a cJ� Prinfed Name and STATE OF INDIANA ) ST. JOSEPH COUNTY ) SS: SignmurBoardAPPROVED of Public Works Prmfed Namc an YO 1 4 2006 Bef re me, the ui dersigned, a Notary Public, in and for said County and State, personally aPp ed and , known. to me to be the and respectively of Wag goner's Dairy Farms, Inc. and acknowledged the execution of the foregoing Permanent Utility Easement. IN WITINESS REO , I have hereunto subscribed my name and affixed my official seal on the ^� day of , 2006. _ rafts ti. �IVotarypublic J .�: .' '� Residing in St. Joseph County, Indiana Prepared by Shawn E. Peterson, Assistant City Attorney 1 affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Securi n ' this document, unless required by 1mv. (name) S��«� F 0 �(iZl f /� Page 4 of 4 ACCEPTANCE The City of South Bend, by and through its Board of Public Works, accepts this Permanent Utility Easement. {-�I (4�U'SL Dated this ±! �day of - 06. CITY OF SOUTH BEND, iNDIANA BOARD OF PUBLIC WORKS Gary Gilot �— 6e, Carl L' ell D Inks Attest: Arxgela Jacob, Cler STATE OF 1NDIANA ) )SS: COUNTY OF ST JOSEPH ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Gary Gilot, Carl Littrell, and Don Inks, the members of the City of South Bend, Board qt,,,,,.. Public Works, and acknowledged the acceptance of the foregoing Permanent Utility Easeni�rit��,� WITNESS WHEREOF, I have hereunto su s�ribed my name and affixed mybf#ioial seal on , 2006. r 4 yt c Notary Public — My Commission Expires: Residing in Prepared by Shawn E. Peterson, Assistant City Attorney I affirm, under the penalties ofperjury, thatI ftaye taken r sonable care to redact each Social Security number in this document, unless required bylaw. (name) f EXHIBIT A Legal Description of Permanent Utility Easement PERMANENT UTILITY EASEMENT-- 20-FOOT WIDE EASEMENT A PART OF THE NORTHWEST QUARTER OF SECTION 17, AND NORTHEAST QUARTER OF SECTION 18, BOTH IN TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSU", 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 2642.00 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 13 SECONDS EAST, A DISTANCE OF 347.00 FEET; THENCE SOUTH 00 DEGREES I5 MINUTES 35 SECONDS EAST, A DISTANCE OF 20.00 FEET TO THE SOUTH LINE OF SAIDNORTHWEST QUARTER; THENCE NORTH 89 DEGREES 57 MINUTES 13 SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 346.90 TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER, SAID CORNER BEING MARKED BY A 5/8 INCH REBAR WITH ILLEGIBLE CAP; THENCE NORTH 89 DEGREES 53 MINUTES 38 SECONDS WEST, ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 64.32 FEET; THENCE NORTH 00 DEGREES 04 MINUTES 03 SECONDS EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 89 DEGREES 53 MINUTES 37 SECONDS EAST, A DISTANCE OF 64.22 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0. 189 ACRE, MORE OR LESS; SUBJECT TO ALL EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD. SHEET 1 OF 1 P.O.C. NW CORNER OF THE NW 1/4, SEC. 17, T38N, R2E AND NE CORNER OF THE NE 1/4, SEC. 18, T38N, R2E, HARR. MON. _ _ ADAMS ROAD NORTH LINE OF THE NW 1/4, SEC. 17-T38N-R2E / 30 FT. LANDSCAPE AND NON -VEHICULAR ACCESS EASEMENT N1 I W Iw N N � x z CO o co N 12 1 � I W U. N .47 o wtn I� z z w w p O w w z z J I J < LJ w I� S89'53'37"E —64.22'—!./ N J 10 FT. UTILITY EASEMENT -1 �I �QJSv JPN fL QQ E��\A�yO 10.00—I f N�� pP\��eOJ k6616 VyAG1 h S V� LINE TABLE LINE LENGTH BEARING L1 20.00' S00'15'35"E L2 20.00' N00'04'03"E PROPOSED 15" DIA. RCP STORM WATER DRAINAGE PIPE P.O.B. 20 FT. PERMANENT UTILITY EASEMENT TOTAL AREA: 20 FT. PERMANENT j UTILITY EASEMENT II t0.189 SO. FT. CURRENTLY OR PREVIOUSLY WAGGONER'S DAIRY FARMS. INC. 1402 KESSLER BOULEVARD { SOUTH SEND, IN 46616 i S89'57'13"E 347.00' K ! I 30.00' P• �Op � 1n a O 0' d 0 z a J } N89'53'38"W N89'57'1 YIN 346.90' f LOT 4 — T — — 64.32' �SW COR. NW 1/4 SEC. 17, T38N, R2E 5/8" 0 IRF W/ CAP U.S. 31 (ILLEGIBLE) SOUTH LINE, NE 1/4, SEC. SOUTH LINE, NW 1/4, STJ 17, T38N, R2E INDUSTRIAL PARK PHASE TWO I I INSTR. #0150153 � GRAPHIC SCALE w` I I } 11111 18, T38N, R2E ea �o EXISTING THE CITY OF SOUTH BEND ( IN FEET ) DRAINAGE FACILITY I inch = 60 fL. PERMANENT UTILITY EASEMENT �. ABONMARCHE CONSULTANTS, L.L.C. 20 FT. DRAINAGE EASEMENT NW 1/4, SEC. 17-T38N-R2E 750 Lincoln way East Fort Wayne, Indiana South Bend, Indiana 46601 Benton Harbor, Michigan NE 1/4, SEC. 18-T38N-R2E (574) 232-8700 Manistee, Michigan FAX: (574) 251-4440 DATE: 08-01-06 SCALE: 1 "=60' ENGINEERING / LAND SURVEYING / PLANNING / CONSTRUCTION SERVICES