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Home My WebLink About#3194- Deed; DISTRIBUTION EASEMENT A Part of the Southeast Quarter of section 2, Township 37 North, Range 2 East, Portage Township313 11/ /2005 Warranty Deed/Temporary Easement Agreement 254004-025602 f,OT NO.32 SUB: Jaffe, Michael 3005 Portage Avenue Description: A part of the West Half of the Northeast Quarter of Section 27, Township 38 North, Range 2 East �y(-r- i PROJECT: STP-S270(001) PARCEL: 32 ZS - 1 c)o4 WARRANTY DEED THIS INDENTURE WITNESSETH, THAT Michaef B. Jaffe KDSS��_ (z)43 RECORDED ON 11/09/2005 03:03:33PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $18.00 PAGES: 3 being over the age of eighteen (18) years, of St. Joseph County, in the State of Indiana , CONVEY(S) AND WARRANT(S) TO THE CITY OF SOUTH BEND, STATE OF INDIANA for and in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, the following described real estate in St. Joseph County, Indiana, to -wit: Exhibit "A" attached hereto and made a part hereof Grantor(s) herein agree(s) to pay all real estate taxes and assessments levied or assessed against the above - designated real estate prior to the date of this deed. Grantor(s) hereby convey(s) the above -described real estate free and clear of all leases, licenses, or other interests, both legal and equitable, and all encumbrances of any kind or character. This document shall constitute a conveyance of the above -described real estate (excepting any parcels specifically designated as easements or as temporary right-of-ways) in fee simple and not merely for right- of-way purposes, and no reversionary rights whatsoever are intended to remain in the Grantor(s). Dated this 1d- day of %�o-r�� , 2005. (Signature) Michael B. Jaffe (Printed Name) STATE OF INDIANA } ) SS: COUNTY OF ST. JOSEPH ) (Signature) (Printed Name) Before me ie undersigned, a Notary Public in and for said County and State, this 4e� day of 2005, personally appeared Michael B. Jaffe , being over the age of eighteen (18), and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal. My Commission Expires: ^� ROY A. BUSKIRK Allen County My Commission Expires ro�wv'' March 13, 2009 CE -) � Notary Pu is County of Residence This instrument prepared by: John R. Livingston, Assistant City Attorney ..z Exhibit "A" SURVEY SKETCH PORTAGE AVENUE IMPROVEMENT PROJECT CITY OF SOUTH BEND, INDIANA OWNER(S): MICHAEL B. JAFFE MAILING ADDRESS: 52836 EMMONS ROAD SOUTH BEND, INDIANA 15627. 5'd6 3 7 DOCUMENT NO: 9433201 TYPE- CORRECTWE WARRANTY DEED RECORDING DATE: 08-30-1994 PROJECT PARCEL NO.: 32 COUNTY TAX ID NO.: 25-1004-0256.02 ppp NDRTNMESI CORNER OF SCCrX)N 27-T36N-R2E 1 2 P... 6' SQUARE UDNIIMENT PARCEL NO. 32 RIGHT OF WAY TAKING 71OTAL AREA 4.518 S.F. ?0.104 ACRE TEMPORARY RIGHT OF WAY TOTAL AREA ?D 3.126 S.F. .072 ACRE \ LOT `A" I� n ePtpStt m n � I - � PORTAGE WAY ROAD DO' r— PARE OF WEST HALF OF THE NORTHEAST pUARTER SECTION \ 27. TOWNSHIP 38 NORTH, RANGE 2 PRI CIPAL VT OF THE ND RIIIAN. GERMAN f SEC, 2 k+� TOWNSHIP, ST. JOSEPH COUNTY, ro+' al R4S Nwn+RrR 4y INDvkk I I I I _ _ _ _ _ _ _ _ _ _ _ _ _ _ J 1 ` \ I\ , I \ f SEC. 6 l' 'I � oaicM .o�ei itr:n I A I------------------------------------------------------------------------------- N09'37vr'E 297B.a5' I >Q ur..+It (•snap \ OUf]AT `A' Lt so sr. ________________yam._______-_ 4 XK �' >V I � LEGEND I M-MEASURED R-RECORD I -RIGHT OF WAY PARCEL I ®-TEMPORARY R/W PARCEL ROW -RIGHT OF WAY I �+ SCAf,E-Y=70�NTS sYf::Y.fi/5'-vS g DATE JUNE 10, 2004 �S JOB /.•04-046 DRW /: B04-42-W a DRAWN BY. G.C.S. 7 GRAPHIC SCALE o tro (IN FE +4nrtt+FOOit N73' x/J y-.S-o� rW Ir-<ba sly Zs9 /6 SHEET I OF i,� CA'Ge W S r fgfp'y0Ce I No. 5 0484 R STATE OF _ _ C 'ADI 9� SURN I, the vnderaigned, an Indiana Registered Land Surveyor hereby tinily that on the date shown. A SURVEY WAS COMPLETED UNDER MY SUPERVISION AND TO THE 9EST OF MY XNOWLEDGE AND BELIEF THIS PLAT IS A REPRESENTATION OF SAID SURVEY. LEGAL DESCRIPTION PARCEL NO. 32 RIGHT OF WAY TAKING PORTAGE AVENUE IMPROVEMENT PROJECT CITY OF SOUTH BEND, INDIANA OWNER(S): MICHAEL B. JAFFE MAILING ADDRESS: 52836 EMMONS ROAD SOUTH BEND, INDIANA 4-&6 �'6637 DOCUMENT NO.: 9433201 TYPE: CORRECTIVE WARRANTY DEED RECORDING DATE: 08-30-1 994 PROJECT PARCEL NO.: 32 COUNTY TAX 11) NO.: 25-1004-0256.02 PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 38 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A SIX INCH SQUARE MONUMENT MARKING THE NORTHWEST CORNER OF SAID SECTION 27; THENCE ON AN ASSUMED BEARING OF SOUTH 00 DEGREES 02 MINUTES 14 SECONDS EAST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27, A DISTANCE OF 1999.68 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 44 SECONDS EAST, A DISTANCE OF 2928.45 FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO MICHAEL B. JAFFE AS DESCRIBED AND RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY IN DOCUMENT NUMBER 9433201, THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 23 DEGREES 19 MINUTES 15 SECONDS EAST ALONG THE WEST RIGHT OF WAY LINE OF PORTAGE AVENUE, A DISTANCE OF 299.38 FEET TO THE SOUTHEAST CORNER OF SAID JAFFE PARCEL; THENCE SOUTH 89 DEGREES 57 MINUTES 44 SECONDS WEST ALONG THE SOUTH LINE OF SAID JAFFE PARCEL, A DISTANCE OF 18.89 FEET; THENCE NORTH 22 DEGREES 27 MINUTES 02 SECONDS WEST, A DISTANCE OF 294.92 FEET; THENCE NORTH 23 DEGREES 30 MINUTES 23 SECONDS WEST, A DISTANCE OF 2.57 FEET TO THE NORTH LINE OF SAID JAFFE PARCEL; THENCE NORTH 89 DEGREES 57 MINUTES 44 SECONDS EAST, A DISTANCE OF 14.02 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION CONTAINING 4,518 SQUARE FEET OR 0.104 OF AN ACRE, MORE OR LESS, BEING SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. �Y C. srEa 07. No. S O484 STATE OF •l' `�� I ANA p'�' SuRN SHEET 2 OF 2-2 DATE.- JUNE 10, 2004 JOB #: 04-046 DRW # B04-42-32 Brads—Ko Engineering & Surveying, Inc. 1009 South Ninth St. Goshen, IN 46526 Phone 574 533-9913 Fax 574 533-9911 Gregory C. c.k, R. L S. 2J-7QJ8-7'DE� RECORDED AS PRESENTED ON PROJECT: STP-S270(001) PARCEL: 32 03/06/2007 10:01:01AN TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $16.00 PAGES: 3 TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT Michael B. Jaffe being over the age of eighteen (18) years, of St. Joseph County, in the State of Indiana ,. CONVEY(S) A TEMPORARY EASEMENT TO THE CITY OF SOUTH BEND, STATE OF INDIANA for and in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, the following described real estate in St. Joseph County, Indiana, to -wit: Exhibit "A" attached hereto and made a part hereof The undersigned grantor(s), being duly sworn, say(s) that he (she, they) is (are) the sole owner(s) of the above -described property, and said grantor(s) further represent(s) that there are no leases or options of any kind or character on said lands as conveyed. The above -described right of way is temporary right of way for the purposes of constructing a driveway for service to the grantor's(s') private property and/or lawn grading and will revert to the grantor(s) upon the completion of said project. It is further understood and agreed that this conveyance transfers only the right to make or construct said driveway and/or lawn grading on said lands and to use any material lying within the above -described limits suitable for use in construction of said driveway and/or lawn grading and does not convey any rights to any minerals or other substances underneath the surface, except as it may be used for the construction of said improvements. Trees or any other land improvements may be cut or removed from said granted temporary easement by the City of South Bend, through its authorized representatives during said construction. Dated this ! day of ��rV'� , 2005. (Signature) Michael B. Jaffe (Printed Name) STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) I affirrn under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law (name) {_ t Before me, the. undersigned, a Notary Public in and for said County and State, this l.�s-7 day of 2005, personally appeared Michael B. Jaffe , being over the age of eighteen (18), and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal. My Commission Expires: ROYA.BUSKIRK Allen County ly euninussion Expa March 13, 2009 This instrument prepared by: John R. Livingston, Assistant City Attorney Exhibit "A" PARCEL NO. 32 RIGHT SURVEY SKETCH AVENUEPORTAGE Y CITY BEND. INDIANA OF WAY TAKING TOTAL AREA 4,516 S.F. ,OF„SOUTH OWNER(S): MICHAEL B. JAFFE ?0.104 ACRE RIGHT OF MAILING ADDRESS: 52836 EMMONS ROAD SOUTH BEND, INDIANA 4662 y6637 TEMPORARY WAY DOCUMENT NO-: 9433201 TYPE: CORRECTNE WARRANTY DEED F TOTAL AREA RECORDING DATE: 08-30-1994 3,128 S.F. PROJECT PARCEL NO.: 32 ?D.072 ACRE COUNTY TAX 10 NO.: 25-1004-0256,02 p 7OgTHWEST CORNER !I OF SECTOR I7-135N-R2E 2 P u. 6- SODARE NONWENT I \` LOT +A- npt Cl n�,+o•(�»lo �r RR11 \ oa�Cwr z - -- ' Q I PORTAGE WAY ROAD 60 R/n - / f ---"'------'"-------------------"-- I*\ PART OF WEST HALF OF THE �,\ I NORTHEAST QUARTER SECTION 27, IONNSHIP 38 NORTH, RANGE 2 EAST OF THE SECOND SEC, 2 \ PRINCIPAL YERIOWI. GERMAN TOWNSHIP, SY. 2OSEPH COUNTY, ( I I --------_1 � I I i �-----( sec. n h4 +� I I I I ----------------- -------------------------------------------------------------- � . n It ----------'-- N89157'ri C 292n!5' 1 `-"-+/�--------"---L--._.------j » �hn�' cAsfvfw ---------.-- tE I \ L1 OI1TIAj -A� V 57--- - i I m hN,m a I I � 1 �ni" 6 OA1] K4 Sa L+ I � LEGEND I �. M-MEASURED R-RECORD m O-RIGHT OF WAY PARCEL 0 m ®-TEMPORARY R/W PARCEL ROW -RIGHT OF WAY L----------- L2 u+ SCALI:`-YriDB'NTS y{7y,�' y /s-OS DATE.` DUNE 10, 2004 J08 /: 04-048 n DR11' I: B04-42-32 DRAKN BC•G,C,S. a 7 GRAPHIC SCALE ,ac w rao (IM F -+ir�rf---toe-er .vT� Gl%J v i�-cs' 7NF T.F>7YC.P E. f)Yr° 57f� zs*i:.�7G SHEET 1 OF X;? GaR'i C. S9 4� 1 STf,Pfo pl n No, 5 N84 x STATE OF SM*i I, the undersigned. on Indona Registered LOnd Surveyor hveDy cerl7ly lhol on the dole sho.n, A SURVEY WAS CONPLEIEO UNDER MY SUPERVISION AND TO THE BEST OF MY KNOWLEDGE AND BELIEF THIS PLAT IS A REPRESENTATION OF SAID SURVEY. PARCEL NO. 32 LEGALDESCRIP_TION s PORTAGE AVENUE IMPROVEMENT PROJECT CITY OF SOUTH BEND, INDIANA OWNER(S): MICHAEL B. JAFFE MAILING ADDRESS: 52836 EMMONS ROAD SOUTH BEND, INDIANA 46627 '16937 DOCUMENT NO.: 9433201 TYPE: CORRECTIVE WARRANTY DEED RECORDING DATE: 08-30-1994 PROJECT PARCEL NO.: 32 COUNTY TAX ID NO.: 25--1004-0256.02 TEMPORARY RIGHT OF WAY PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 38 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A SIX INCH SQUARE MONUMENT MARKING THE NORTHWEST CORNER OF SAID SECTION 27; THENCE ON AN ASSUMED BEARING OF SOUTH 00 DEGREES 02 MINUTES 14 SECONDS EAST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27, A DISTANCE OF 1999.68 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 44 SECONDS EAST, A DISTANCE OF 2928.45 FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO MICHAEL B. JAFFE AS DESCRIBED AND RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY IN DOCUMENT NUMBER 9433201; THENCE SOUTH 89 DEGREES 57 MINUTES 44 SECONDS WEST ALONG THE NORTH LINE OF SAID JAFFE PARCEL, A DISTANCE OF 14.02 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 89 DEGREES 57 MINUTES 44 SECONDS WEST ALONG THE NORTH LINE OF SAID JAFFE PARCEL, A DISTANCE OF 7.63 FEET; THENCE SOUTH 23 DEGREES 30 MINUTES 23 SECONDS EAST, A DISTANCE OF 5.54 FEET; THENCE SOUTH 22 DEGREES 29 MINUTES 25 SECONDS EAST, A DISTANCE OF 141.74 FEET; THENCE SOUTH 67 DEGREES 32 MINUTES 58 SECONDS WEST, A DISTANCE OF 19.00 FEET; THENCE SOUTH 22 DEGREES 27 MINUTES 02 SECONDS EAST, A DISTANCE OF 55.00 FEET; THENCE NORTH 67 DEGREES 32 MINUTES 58 SECONDS EAST, A DISTANCE OF 19.00 FEET; THENCE SOUTH 22 DEGREES 27 MINUTES 02 SECONDS EAST, A DISTANCE OF 95.23 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 44 SECONDS EAST, A DISTANCE OF 7.57 FEET; THENCE NORTH 22 DEGREES 27 MINUTES 02 SECONDS WEST, A DISTANCE OF 294.92 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION CONTAINING 3,128 SQUARE FEET OR 0.072 OF AN ACRE, MORE OR LESS, BEING SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. No. S 0484 x STATE OF PhD i P �� ' sUvgv SHEET X` OF a2 DATE: DUNE 10, 2004 JOB #: 04-046 DRW ,#: B04-42-32 Brads--Ko Engineering & Surveying, Inc. 1009 South Ninth St, Goshen, IN 46526 Phone 574 533-9913 Pax 574 533-9911 304 2/27/2007 I. Distribution Easement f LOT NO. 2, 3, 4, 5, 6, 7, 8 SUB: Kuntman's 2nd Addition Indiana Michigan Power Description: A Part of the Southeast Quarter of section 2, Township 37 North, Range 2 East, Portage Township --/0 AWiC 0-70-78 1 1 RECORDED AS PRESENTED ON 02/27/2007 02:37:57PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $15.00 PAGES: 2 DISTRIBUTION EASEMENT Parcel ID No. Lot "A" Easement No. IN-06.1108 Map No. 575 THIS INDENTURE, made by and between CITY of SOUTH BEND, IN, whose address is County - City Building (Department of Public Works -- Room 1316) South Bend, IN 46601 ("Grantor"), and INDIANA MICHIGAN POWER COMPANY, an Indiana corporation, whose post office address is P.O. Box 60, One Summit Square, Fort Wayne, Indiana, 46801 ("Grantee"). WITNESSETH, that for One ($1.00) Dollar and other good and valuable consideration in hand paid, the receipt and sufficiency of which Grantor hereby acknowledges, Grantor does hereby grant and convey to Grantee a TWENTY FOOT (20') WIDE RIGHT OF WAY AND EASEMENT (see EXHIBIT "A" (Sheets 1 and 2) attached hereto for specific dimensions and location identification) for the construction, operation, use, maintenance, repair, renewal, and removal of a line or lines of underground facilities and equipment for the transmission of electrical energy in, on, along, under, over, across, and through the following described REAL ESTATE, to wit: A part of the Southeast Quarter of Section 2, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph, Indiana, known as FIRE STATION REPLAT (Being a replat of Lots 5, 6 & 7, also part of Lots 2, 3, 4 & 8 Kunstman's 2°d Addition, also part of Lots 13, 14 & 15 of Kunstman's Addition, also Lots 13 & 14 of George Rush Subdivision, also Lots 2, 3 & 4 and part of Lot 1 of Ort's Subdivision.) The FIRE STATION REPLAT was recorded in Document No. 0704433 on February 1, 2007 in the Office of the Recorder of St- Joseph County, Indiana. - -- Being the same or part of the same property conveyed to the CITY of SOUTH BEND, IN by SOUTH BEND HERITAGE FOUNDATION, Inc and SOUTH BEND HERITAGE FOUNDATION PROPERTIES, LLC by deed dated October 4, 2006, and recorded in Document No. 0643691 on October 10, 2006 in the Office of the Recorder of St. Joseph County, Indiana, TOGETHER with the right of ingress and egress to, from and over said premises, and also the right to cut or trim and/or remove any trees or bushes which may endanger the safety or interfere with the construction, maintenance, or use of said facilities. GRANTEE shall promptly repair or replace all physical damage on the premises proximately caused by the construction, operation and maintenance of Grantee's facilities. GRANTOR warrants that no structure or building shall be erected upon said easement. AFTER the completion of said system, the Grantor reserves the full use of the land which is not inconsistent with the existence and maintenance of said facilities but does agree not to change elevation or grade within the area of said easement without the written prior consent of Grantee. IT IS AGREED that the foregoing is the entire contract between the parties hereto, and that this written agreement is complete in all its terms and provisions and shall be binding on their respective representatives, heirs, successors, and assigns. ii IN WITNE S WHEREOF, Grantor has hereunto set his hand and seal this(o rjC�ay of CITY of SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS " "`✓�' "", President ry A, Gilot )1)"�6 Member Donal E.Inks A z� i , Member Carl P. Littrell STATE OF �, i 1(1 tla I `� ) } SS. COUNTY OF the ' 'ABLAC. S of the CITY of SOUTH BE N lANA, and the Grantor herein, acknowledged the foregoing instrument before me on this c;t6 Day of 1 o 2001, on behalf of the company. t/ / SEAL Notary Public,. Residing at:, County, My Commission gxpire : I affirm, under the penalties for perjury, that I have taken responsible care to redact each Social Security number in this document unless required by law: C '_ ,Y ��-�1 l'L .�t•� .1l"elf-1 '1—' L.�v• l'` Prepared by: R. J. Strasburg, Engineering Technician AEP — Indiana Michigan Power Company 2929 Lathrop St., South Bend, IN 46628 574.236.1653 O7CD-78 1 1 RECORDED AS PRESENTED ON 1 'J 02/27/2007 02:37:57PM C� TERRI J. RETHLAKE ST. JOSEPH COUNTY cl RECORDER ' f (�� REC FEE: 52 5. 00 10 PAGES: 2 DISTRIBUTION EASEMENT Parcel ID No. Lot "A" Easement No. IN-06-1108 Map No. 575 THIS INDENTURE, made by and between CITY of SOUTH BEND, IN, whose address is County - City Building (Department of Public Works — Room 1316) South Bend, IN 46601 ("Grantor"), and INDIANA MICHIGAN POWER COMPANY, an Indiana corporation, whose post office address is P.O. Box 60, One Summit Square, Fort Wayne, Indiana, 46801 ("Grantee"). WITNESSETH, that for One ($1.00) Dollar and other good and valuable consideration in hand paid, the receipt and sufficiency of which Grantor hereby acknowledges, Grantor does hereby grant and convey to Grantee a TWENTY FOOT (20') WIDE RIGHT OF WAY AND EASEMENT (see EXHIBIT "A" (Sheets 1 and 2) attached hereto for specific dimensions and location identification) for the construction, operation, use, maintenance, repair, renewal, and removal of a line or lines of underground facilities and equipment for the transmission of electrical energy in, on, along, under, over, across, and through the following described REAL ESTATE, to wit: A part of the Southeast Quarter of Section 2, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph, Indiana, known as FIRE STATION REPLAT (Being a replat of Lots 5, 6 & 7, also part of Lots 2, 3, 4 & 8 Kunstman's 2°d Addition, also part of Lots 13, 14 & 15 of Kunstman's Addition, also Lots 13 & 14 of George Rush Subdivision, also Lots 2, 3 & 4 and part of Lot 1 of Ort's Subdivision.) The FIRE STATION REPLAT was recorded in Document No. 0704433 on February 1, 2007 in the Office of the Recorder of St. Joseph County, Indiana. Being the same or part of the same property conveyed to the CITY of SOUTH BEND, IN by SOUTH BEND HERITAGE FOUNDATION, Inc and SOUTH BEND HERITAGE FOUNDATION PROPERTIES, LLC by deed dated October 4, 2006, and recorded in Document No. 0643691 on October 10, 2006 in the Office of the Recorder of St. Joseph County, Indiana. TOGETHER with the right of ingress and egress to, from and over said premises, and also the right to cut or trim and/or remove any trees or bushes which may endanger the safety or interfere with the construction, maintenance, or use of said facilities. GRANTEE shall promptly repair or replace all physical damage on the premises proximately caused by the construction, operation and maintenance of Grantee's facilities. GRANTOR warrants that no structure or building shall be erected upon said easement. AFTER the completion of said system, the Grantor reserves the full use of the land which is not inconsistent with the existence and maintenance of said facilities but does agree not to change elevation or grade within the area of said easement without the written prior consent of Grantee. a IT IS AGREED that the foregoing is the entire contract between the parties hereto, and that this written agreement is complete in all its terms and provisions and shall be binding on their respective representatives, heirs, successors, and assigns. 1�/� IN WIT/�N(�/E�) S WHEREOF, Grantor has hereunto set his hand and seal this ay of 4 , J v , 20C - CITY of SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS `^✓` "", President un- ry A. Gilot )1)W-'V6 tuber �Dcnald,E.Inks P Member Carl P. Littrell STATE OF SS. COUNTY OF the O -ic- tT _ k5 of the CITY of SOUTH BEND =IANA, d the Gjantor herein,acknowledged the foregoing instrument before me on this 'V Dayof.200 on behalf of the company. SEAL Notary PUbli Ctc—� Residing at: County, My Commission Lxpire' I affirm, under the penalties for perjury, that I have taken responsible care to redact each Social Security number in is document unless required by law: '. f-✓� �1 � � _.�. ✓� ' S z.�i,� �� - ( .lam•' i� Prepared by: R. J. Strasburg, Engineering Technician AEP — Indiana Michigan Power Company 2929 Lathrop St., South Bend, IN 46628 574.236.1653 INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Linda L4Martin, Clerk Board of Public Works FROM: Toy Villa Division of Engineering SUBJECT: Distribution Easement Fire Station #2 Project 106-002 DATE: February 13, 2007 I am requesting for Board approval on the "Distribution Easement" for Fire Station #2. This is a 20 foot wide right of way and easement that will be used to feed the electricity required for the new transformer. The Fire Station replat was recorded on document No. 0704433 on February 1, 2007. Please let me know if you have any questions. What we do today makes a difference i ----------------------- RE E IPA a n �� a n 00 m m r � Q C Z Z m o m -n O so J 71p = n C oz m mM 0 2 { 7-n.7 N a to ectric Easement Exhibit (SHEET I eF Z) E:A5Em=EWr No. IN- 0(6- 1108 / E I i II w o�'A, LOT 14 ty " �2 LOT a LOT 3 Lo 2 I LOT 13 N 89*59'02" E 16 CONS. PAD .44= FOR TRANSFORMER FOR 89'59'02' W / 72.87' / s 00'17'27' E LOT 5 1L0T — — 12 `.roFssr` `� P a I LOT 6 w LOT 11 N LOT 1 I : y� 16 (o 5 < ! kQ1 e ! tig� LOT 7 J Q LOT 10 LOT 2 5tl� 2 — LOT 9 gL LOT 3 — S 89'59'02" W LOT 4 160.38' LOT 8 LOT 8 '1—S 00'17'27" E S 89'59'02 W 1 29.64' 221.21 L1 14' PUBLIC ALLEY r � LOT 5it U) LINE TABLE L1 S 89'59'02` W 20.00' L2 N 0017'27" W 25.17 L3 I S 091727- E 16.00' 4whic Sole 4 � ,oa ( in feet ) 1 inch — 50 ft. (item: Brom+ & Brown Data 1/17/i 7 Buyer: Deed Rea: Owner- South Bend Fire Station g2 Drawn: UDC Address: 402 Martin Lather King Drive Checked: j" / 8 `7' South Bend, IN- 46601 Job #� 207-5007 Date of Field Survey. 1/17/07 Scale: 1'= 50' 4703 Chester Drive EfIdnrr, IN 46516 CONSULTING ENGINEERS p: 574293.7762 & LAND SURVE` OR5 WIGHTMA ETRIE f:574.294.3717 (SHEET 2 OF z) EASE/'IL"/- No. SN-'D6-//06 LEGAL DESCRIPTION A PART OF LOTS 3 AND 4 OF ORTS SUBDIVISION OF LOT NUMBERED 13 AND THE EAST HALF OF LOT NUMBERED 14 IN KUNSTMAN'S FIRST ADDITION TO THE CITY OF SOUTH BEND, RECORDED JULY 3, 1908 AS DOCUMENT NUMBER 1908007 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; ALSO A PART OF LOTS 5, 6, 7, AND 8 OF KUNSTMAN'S SECOND ADDITION TO THE CITY OF SOUTH BEND RECORDED AS DOCUMENT NUMBER 1873020 IN THE OFFICE OF RECORDER OF ST, JOSEPH COUNTY, INDIANA; AND A PORTION OF SCOTT STREET NOW VACATED, DESCRIBED AS FOLLOWS - BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE ALONG THE SOUTH LINE OF SAID LOT 4 AND THE NORTH BOUNDARY OF A PUBLIC ALLEY SOUTH 89'59'02" WEST 20.00 FEET; THENCE NORTH 0-17'27" WEST 25.17 FEET; THENCE NORTH 49'24'076 EAST 267.43 FEET; THENCE NORTH 89'59'02" EAST 16.4-4 FEET TO THE WEST BOUNDARY OF A PUBLIC ALLEY; THENCE ALONG SAID WEST BOUNDARY SOUTH 017'27" EAST 12-20 FEET; THENCE SOUTH 49'24'07" WEST 262.76 FEET TO A POINT ON THE EAST LINE OF SAID LOT 4; THENCE ALONG SAID EAST LINE SOUTH 0`17'27" EAST 16.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5,810 SQUARE FEET. Client: Brown & Brown bate: 1/17/07 Buyer. Deed Rec: Owner: South Bend Fire Station #2 Drawn: MDC Addre= 402 Martin Luther IQng Drive Checked: M / S. G Sauth Bead, IN. 46601 Job jj� 207-5007 Date at Field Survey. 1/17/07 Scale: 1'= 50' 4703 Chewer Drive Elkhart, IN 46516 CONSULTING ENGINEERS p: S74293.7762 & LAND SURVEYORS WIGHTMa EERIE f.574294,3717