Loading...
HomeMy WebLinkAbout#3211- Deed; DISTRIBUTION EASEMENT A Part of the East Half of the Northeast Quarter of Section 20, Township 38 North, Range 2 East of the Second Principal Meridian, German Township, St. Joseph County, IndianaI 12.1 k 7/23/2007 Distribution Easement LOT NO. f SUB: Highland Meadows Estates American Electric Power Co., Inc. Description: A Part of the East Half of the Northeast Quarter of Section 20, j Township 38 North, Range 2 East of the Second Principal Meridian, German Township, St. Jospeh County, Indiana j i -- ---- - ---- ---- ---- ---- - 0 1316 CounrY-CITY BUILDING 227 W, JEFFEMON BOULLVARD SOUTH BEND, INDIANA 46601-1830 CITY of SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS July 25, 2007 Ms. Bob Strausberg Right -of -Way Agent American Electric Power 2929 Lathrop Avenue South Bend, Indiana 46628 RE: Distribution Easement -- Cleveland Road Well Field Project No. 107-023 Power Pole Easement Dear Mr. Strausberg: PHONE 574/ 235-9251 FAx 574/235-9171 TDD 574/ 235-5567 Enclosed please find the original of the above referred to Distribution Easement. Please have Sylvia Durham sign in the document's affirmation section then file this Easement with the St. Joseph County Recorder's Office and return a file -stamped copy to me. 1f you have any questions, please call me at (574) 235-9251. Sincerely, Linda M. Martin, Clerk Enclosure c: Roxanne Lawson, Water Works John Wiltrout, Water Works Tony Molnar, Engineering GARYA. GILOT, P.E. CARL P. LITTR�LL, P.B. DONALD E. INKS PRESIDENT MEMBER MEMBER Uzi I 1316 COUNTY -CITY BUILDING 227 W JEFFEMON Boumwm SOUTH BEND, 1NDIANA 46601-1830 CITY OF SOUTH BEND STE'.PHEN J. 1_.uEGKE, MAYOR BOARD OF PUBLIC WORKS July 25, 2007 Ms. Bob Strausberg Right -of -Way Agent American Electric Power 2929 Lathrop Avenue South Bend, Indiana 46628 RE: Distribution Easement — Cleveland Road Well Field Project No. 107-023 Power Pole Easement Dear Mr. Strausberg: PHONE 5741235-9251 FAx 5741235-9171 TDD 5741235-5567 Enclosed please find the original of the above referred to Distribution Easement. Please have Sylvia Durham sign in the document's affirmation section then file this Easement with the St. Joseph County Recorder's Office and return a file -stamped copy to me. If you have any questions, please call me at (574) 235-9251. Sincerely, Linda M. Martin, Clerk Enclosure c: Roxanne Lawson, Water Works John Wiltrout, Water Works Tony Molnar, Engineering GARYA. GILOT, P.E. CARL P. LiTTRELL, P.E. DONALD E. INKS PRESIDENT ]MEMBER MEMBER DISTRIBUTION EASEMENT Tax Key Parcel No. 25-1012.019937 Easement No.1N071100 Map No. 575 THIS INDENTURE, made by and between SOUTH BEND WATER WORKS, a Governmental Municipality, whose address is 209 North Main Street, Ste. 207, South Bend, Indiana 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 THIRTY FEET —BY— FIVE HUNDRED SIXTY FIVE FEET (30' —x— 565') RIGHT-OF-WAY AND EASEMENT (see EXHIBIT "A" attached hereto for specific locations and dimensions) for the construction, operation, use, maintenance, repair, renewal, and removal of a line or lines of overhead and underground facilities and equipment for the transmission of electrical energy and for communication purposes, including the right to permit attachments of others to said facilities, in, on, along, under, over, across, and through the said easement, which easement is located on the following described REAL ESTATE, to -wit: A part of the East Half of the Northeast Quarter of Section 20, Township 38 North, Range 2 East of the Second Principal Meridian, German Township, St. Joseph County, Indiana, more particularly described as follows: Commencing at the Northeast corner of said Northeast Quarter; thence North 89-degrees 56- minutes 29-seconds West (this and all subsequent bearings based on the Indiana Coordinate System of 1983, East Zone), 1303.09 feet along the North line of said Northeast Quarter to the West line of said East Half of the Northeast Quarter; thence South 00-degrees 21-minutes 40- seconds East, 1020.00 feet along said West line to the South fine of High Meadows Estates as recorded in Plat Book 21, Page H, in the Office of the Recorder of St. Joseph County, Indiana, and the point of beginning; thence South 89-degrees 56-minutes 29-seconds East, 328.00 feet along said South line; thence South 00-degrees 21-minutes 40-seconds East, 701.45 feet to the Northerly right-of-way line of Cleveland Road; thence North 77-degrees 07-minutes 14-seconds West 336.95 feet along said Northerfy right-of-way line to said West line of the East Half of the Northeast Quarter; thence North 00-degrees 21-minutes 40-seconds West, 626.68 feet along said West line to the point of beginning. Being the same (or a part of the same) property conveyed to SOUTH BEND WATER WORKS, a Governmental Municipality, by Corporate Warranty Deed dated March 15, 2004, and recorded as Document Record 0412322 on March 19, 2004, 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, 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. THE UNDERSIGNED PERSON executing this document on behalf of Grantor, represents and certifies that he is the duly elected of the Grantor and has been fully empowered, by proper resolution, to execute and deliver this document; that Grantor has fully corporate capacity to convey the real estate described here; and that all necessary corporate action for the making of such conveyance has been taken and done. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal on 200_. APPROVED Board of Public Works !1 + AjSTATE SOUTH BEND WATER WORKS, a Governmental Municipality , its (Please print your name and title on this line exactly as it appears above.) Before me, a Notary Public in and forsaidCou ty and State, on U - S 200 ,personally appeared ��} GiI�i . pu Tni�5 �1f 1 �f TN16NOR-SNAME), the e, o P��G� r✓� -PRINT sICNOR'sTITLE) of SOUTH BEND R*S, a Governmental Municipality, and acknowledged execution of &�r,r`j Off' P bi-I L Ili kcS the foregoing document for and on behalf of said Grantor, and who, having been duly sworn, stated that the representations therein contained are true. WITNESS my hand and Notarial Seal. (SEAL) I affirm, under the penalties for perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law: S. M. Durham Prepared by: Sylvia M. Durham, Right of Way Agent AEP -- Indiana Michigan Power Company 2929 W. Lathrop, South Bend, IN 46628 574.283.1870 Public, i ►-e- I-. 70Se i"7 k County, My Commission Expires: �7� SS. SnSE.PI% CouuTY 6ERMAA TWP $6c ZO, 7-38N) R 2E ASP PcLE MAP 7159 WK 0955001 . bRAwAI BY: }z. STRA�56ukG bArE.: 7- !3- 07 SCALE: NV4E EXHIBIT "A" PARCEL la 25-1012.019937 DISTRIBUTION EASEMENT .. _Y1100 MAP 575 - - EXISTt'46 Po LE 7159-7& JUN-21-2007 09:34 NORTH STATION 1Jl.,}7 FOR: MMDM THLE 00PW RETURN TO: MAIL TAX S rATItMENTS r1 i / � a e A Joss Ja "j- 5742355595 P.02iO3 I/ CZ;-+ 1 2Zi?,2� RECORDER ON 03/19/2304 OA:52:16A11 TRR91 J. RETHI.AKE ST_ JOSEPH C43UN7Y RECORDER REC FEE: 616.00 PAGES: 2 AUD{TORS RECORD Transfer No_ Taxing Unit Date 3 Tax ID No. 25-1012-019937 Gp�pORA FE WARFtANYY DEED THIS INDENTURE WITt1ESSETFi THAT Target Leasing Corp. CONVEYS AND WARRANTS TO South Bend Water Works for Tan Dollars ($10.00) and other valuable consideration, the re-calpt whereof Is hereby acknowledgad, the following de&crlbed REAL ESTATE in St. Joseph County, In the State of Indiana, to -wit: Apart of the East Half of the Northeast Quarter of Section 20, Township 38 North, Range 2 East of the Second Principal Morldlan, In St- Joseph County, Indiana, more particularly described as follow; Commencing at the Northeast Corner of said Northeast Quarter; thence North a9'56'28" West (this and all subsequent bearings based on the Indiana Coordinate System of 1983, East Zone), 13o3.09 fast along the North line of said Northeast Quarter to the West fine of said East Half of the Northeast Quarter; thence South 00°21'40" East. 1020-00 feat along said Wart line to the South llnn of High Moadows Estates as Recorded in Plat Book 21, Page H in the office of the recordar of St. Joseph County, Indiana, and the Point of Belginning; thence South 89056'28" East, 328.00 feet along said South line-, thenGa South 00'21'40- East, 701.45 feet to the Northerly right-of-way fine of Cleveland Road; thence: North 77"07'14" West 335.95 feet along said Northerly right-of-way line to said West line of the East Half of the Northeast Quarter; thence North 00121'40" West, 626,58 feet along said West line to the point of Beginning. Subject to saxes for the year 2003, due and payable in 2004, and taxes for all subsequent years. Subject to covenants, restriction8 and oesements of record. The undersigned persons executing this deed on behalf of Grantor represent and certify that they are duly authorized to act for the C�irontor and have been fully empowered, by proper resolution of the Board of Directors of Gmnror, to execute and deliver this daetd; that Grantor has full corporate capacity to convey the rent astota descrfbed herein; and that all necessary corporate action for the making of such conveyancca has been taken and done. IN WI7Nl=SS WHEREOF, C3rantor has caused this deed to be executed this 15th day of March, 2004. DULY ENTFREV rnf2' i �q�'_?i,"i "' ralc-4i7x-L s:. J1 ST. J4sEP11 CT. iis'tW13-i' A Tar asfn Corp. By J 043 W4 Hold For Meridian Vats COrp_ Commercial Department JUO-21--2007 09: 34 NORTH STRT I ON 5742355595 P.03/03 State of Indiana, County of St. Joseph ss: Before me, a Notary Public In and for said County and State, personally appeared acknowledged the execution of the foregoing Deed for and on behalf of said Grantor, stated that the representations contained therein are true. WITNESS, my hand and Seel this 1Sth day of March, 2004. My Commission Expires: onnature of Notary V • --' who having been Printed Name of Notary Public h ChIRISTIPEE L. t,4EV1fCOfvl6� Note Public Count and State of Residence A RCcrnrrl ni n 3W4COGJo—ph Cc Notary y My Comminsion ��tre4 9-1 This instrument was prepared by: Prank A. Antonovltz, Attorney -at -Law #2437-98. 202 S. Michigan St-, Ste. 1000, South Bend, IN 4$1301 1043SO4 cin Zr 00,; O 6a"66lo-� � o n 0 O a o �s bolo-5 n n C) n � n ° ° m n o 0 0 o Sa bb/o-D Do,-, N7 O/! lo�b6ro-L ,� �n O � ----------------- Z � � a O N Li — W o s cn n Cr O n Apr IV 9B oo ' ; S frJ Cl rO lIl l9 ° v O oo/ ot/ 99-Eo/ '13y. b -PC 65'/ cs C/L°,'aJE [7 y - �' w 9L F9 O057/ doh �`�/ Sh/ oo/ 5 q of La Z666/0- , b � n h P l9 � N P b.' y ti o `Z � b y 1) p P X p m L�56610-p/ m p o 1 OOC 'b yam- k3 01911 o r a N 9/66/a bz o n N W p o r `O — m "13e/ N w o ° OF Q- 0fib09 �a>y0 oSsgc6b/DiG lgc// Z l9 b'O K �r �0 -�r DOL O// p0'6610- so s =5'65 c� a 45�� 'S �Bd°rn y.� Ct nl IN 0 a n m P m m v-g/ bb/o v h o o a a m 22 C5- ° m aa/ N n Cy y o LO'bb/o-Z� ? N N W It- o// W � 66/0 - ] � � m r� LLJ So o� 4 0c'bb/o- cod �F o iV 7 �' d j v N e.ao � \ ooG o// 5// o// °c. Q 1 Lu W 43 o o n ! Q o/ bblo-g a` rvj \ Q OL/ •_• t wY�h �'k 7S`�• _.! — - _—..-----v.. 21GL9 fef�iy��.: �` r e d r�.�,f �. • V �(....; ;J L 'f. ��•.� �' r ,� z r { - - N �, —`--- z5L'SiL OS/ L f, ai 7.'r -i I �. `�-r�, 1S v+i •j •? ._r, 1. S• :�+.'- M: �; >r! F.S,�1'' -i•_ K .. -. - - __-. - '1.1.. ].:r. i �, .1.. F.I r.. , 4 Fi. it+.i,+•�il!."� "h•u t�lh .!'�v�j�5i'.;Rv iE:.F J ��. • r?i:.I„f ,l.l=f 'h y'Fr Fc;� �;tt-•71.�cS .,F �d7;�r.'°;S*, ; } 1. a,,'r�:.',_ � „v Page 1 of I Linda Martin - Re: AEP Easement From: Jennifer Corle To: John Wiltrout Date: 7/25/2007 8:02 AM Subject: Re: AEP Easement CC. Linda Martin Sylvia is getting the original in the mail. She has to sign it as to the content of the easement not containing any social security numbers and her being the preparer. She will take it to the recorder's office for filing. After about two weeks, she will pick it up there (or they will mail it to her depending on what she prefers) and deliver a copy to us. Jennifer >>> John Wiltrout 7/24/2007 6:57 AM >>> Jennifer, how do you suggest AEP pick up their own signed copy? >>> Jennifer Corle 7/23/2007 3:24 PM >>> Being forwarded to AEP for Filing at Recorder's office. file://C:1Ducuments and SettingslLMARTIN1Local Settings\Temp\XPgrpwise146A703A4... 7/25/2007 COP DISTRIBUTION EASEMENT Tax Key Parcel No. 25-1012-019937 Easement No. IN071100 Map No. 575 THIS INDENTURE, made by and between SOUTH BEND WATER WORKS, a Governmental Municipality, whose address is 209 North Main Street, Ste. 207, South Bend, Indiana 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 THIRTY FEET —BY— FIVE HUNDRED SIXTY FIVE FEET (30' —x-- 5651) RIGHT-OF-WAY AND EASEMENT (see EXHIBIT "A" attached hereto for specific locations and dimensions) for the construction, operation, use, maintenance, repair, renewal, and removal of a line or lines of overhead and underground facilities and equipment for the transmission of electrical energy and for communication purposes, including the right to permit attachments of others to said facilities, in, on, along, under, over, across, and through the said easement, which easement is located on the following described REAL ESTATE, to -wit: A part of the East Half of the Northeast Quarter of Section 20, Township 38 North, Range 2 East of the Second Principal Meridian, German Township, St. Joseph County, Indiana, more particularly described as follows: Commencing at the Northeast corner of said Northeast Quarter; thence North 89-degrees 56- minutes 29-seconds West (this and all subsequent bearings based on the Indiana Coordinate System of 1983, East Zone), 1303.09 feet along the North line of said Northeast Quarter to the West line of said East Half of the Northeast Quarter; thence South 00-degrees 21-minutes 40- seconds East, 1020.00 feet along said West line to the South line of High Meadows Estates as recorded in Plat Book 21, Page H, in the Office of the Recorder of St Joseph County, Indiana, and the point of beginning; thence South 89-degrees 56-minutes 29-seconds East, 328.00 feet along said South line; thence South 00-degrees 21-minutes 40-seconds East, 701.45 feet to the Northerly right-of-way line of Cleveland Road; thence North 77-degrees 07-minutes 14-seconds West 336.95 feet along said Northerly right-of-way line to said West line of the East Half of the Northeast Quarter; thence North 00-degrees 21-minutes 40-seconds West, 626.68 feet along said West line to the point of beginning. Being the same (or a part of the same) property conveyed to SOUTH BEND WATER WORKS, a Governmental Municipality, by Corporate Warranty Deed dated March 15, 2004, and recorded as Document Record 0412322 on March 19, 2004, 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, 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. THE UNDERSIGNED PERSON executing this document on behalf of Grantor, represents and certifies that he is the duly elected of the Grantor and has been fully empowered, by proper resolution, to execute and deliver this document; that Grantor has fully corporate capacity to convey the real estate described here; and that all necessary corporate action for the making of such conveyance has been taken and done. STATE OF COUNTY OF IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal on _, 200_ ) SS. SOUTH BEND WATER WORKS, a Governmental Municipality By: its (Please print your name and title on this line exactly as it appears above.) Before me, a Notary Public in and for said County and State, on 200personally appeared (PRINT SIGNOR'S NAME), the (PRINT SIGNOR'STITLE) of SOUTH BEND WATER WORKS, a Governmental Municipality, and acknowledged execution of the foregoing document for and on behalf of said Grantor, and who, having been duly sworn, stated that the representations therein contained are true. WITNESS my hand and Notarial Seal. (SEAL) I affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each social security number in this document, unless required by law: S. M. Durham Prepared by: Sylvia M. Durham, Right of Way Agent AEP — Indiana Michigan Power Company 2929 W. Lathrop, South Bend, IN 46628 574.283.1870 Notary Public, County, My Commission Expires:. ST. ScsEp" Cou.+rY ,s E'RMA,4 %WP SEc zoo 7-38 N i R zE AEP AO%l-7 MAP .TIS9 WK 17a 55001 DRAwr1 BY: R. sT9N5BnRG bArC : 7- 13-07 . ,SCALE; NOAJt - EXHIBIT "A'° PARCEL ID 25-1012-019937 DISTRIBUTION EASEMENT IT IN071100 MAP 575 �Z— E)CSST1h1 �r P-LE uIs9-74.