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HomeMy WebLinkAbout#3237- Deed; JUDGEMENT AND ORDER QUIT-CLAIM DEED OF EASEMENT Central Services Building and Land (2)18-3 064-24 701 307 7/2 /2008 Judgment and Order CIS � LOT NO.2 SUB: Inner Belt Industrial park South Bend, Indiana Central Services 1045 W. Sample Description: Central Services Building and Land podle -3z_3q ,Z)8�---4?'!E3 �:-D RECORDED AS PRESENTED ON STATE OF INDIANA, ST. JOSEPH COUNTY 07/25/2008 02:45:34PM FNT THE ST. JOSEPH CIRCUIT COURT TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER THE CITY OF SOUTH BEND, INDIANA, acting by and through its Board of Public Works, Plaintiff V. THE SHAREHOLDERS OF BANC ONE KENTUCKY LEASING CORPORATION, FORMERLY KNO\NTN AS LIBERTY NATIONAI, L1✓AS1NG COMPANY, et. al. Defendants REC FEE: $15.00 PAGES: 3 CAUSE NO, 71C01-0804-PL-00088 JUDGMENT AND ORDER -FILED- J U L - 9 2008 clerk $t, Joseph circuit Court Comes now Plaintiff, City of South Bend, by its Assistant City Attorney, Cheryl A. Greene, and shows unto the Court, and the Court now finds that: I . Defendant, Indiana & Michigan Power Company, fflJa Indiana & Michigan Electric Company, has appeared through its counsel of record, Carmen M. Piaseeki, and filed its Answer to Plaintiff's Complaint to Quiet Title seeking to preserve its interest in the property described in Plaintiff's Complaint by virtue of an easement dated August 1 i , 1971 and recorded August 23,1971 in Deed Record 742, page 412 in the Office of the Recorder of St. Joseph County, Indiana and that Plaintiff has no objection to preserving said interest of Defendant; and 2. Defendant, The Shareholders of Banc One Kentucky Leasing Corporation, f/k/a Liberty National Leasing Company at the time that it was administratively dissolved, has been served by Certified Mail on May 2, 2008 and by publication of Notice of Pendancy of Action and Notice of Hearing in the Tri-Counly Nei s on May 9, 2008, May 16, 2008 and May 23, 2008 and has failed to 2 Z-3 -� 123e�;�'e+�s� RECORDED AS PRESENTED ON STATE OF INDIANA, ST. JOSEPH COUNTY 07/25/2008 02:45:= -t4pm IN THE ST. JOSEPH CIRCUIT COURT TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER THE CITY OF SOUTH BEND, INDIANA, acting by and through its Board of Public Works, Plaintiff V. THE SHAREHOLDERS OF BANC ONE KENTUCKY LEASING CORPORATION, FORMERLY KNOWN AS LIBERTY NATIONAL LEASING COMPANY, et. al. Defendants REC FEE: S15.00 PAGES: 3 CAUSE NO. 71 CO1-0804-PL-00088 JUDGMENT AND ORDER L E , J U L - 0 2008 Clerk St. Joseph Circuit Cour. Comes now Plaintiff, City of South Bend, by its Assistant City Attorney, Cheryl A. Greene, and shows unto the Court, and the Court now finds that: ] . Defendant, Indiana & Michigan Power Company, f/k/a Indiana & Michigan Electric Company, has appeared through its counsel of record, Carmen M. Piasecki, and filed its Answer to Plaintiff's Complaint to Quiet Title seeking to preserve its interest in the property described in Plaintiff's Complaint by virtue of an easement dated August 11, 1971 and recorded August 23, 197I in Deed Record 742, page 412 in the Office of the Recorder of St. Joseph County, Indiana and that Plaintiff has no objection to preserving said interest of Defendant; and 2. Defendant, The Shareholders of Banc One Kentucky Leasing Corporation, f/k/a Liberty National Leasing Company at the time that it was administratively dissolved, has been served by Certified Mail on May 2, 2008 and by publication of Notice of Pendancy of Action and Notice of Hearing in the Tri-CountyNews on May 9, 2008, May 16, 2008 and May 23, 2008 and has failed to appear in this cause, to file and answer, or to otherwise comply with the Indiana Rules of Trial Procedure; and 3. Defendant, Chicorp Financial Services, Inc. has been served by publication ofNotice of Pendancy of Action and Notice of Hearing in the Tri-County News on May 9, 2008, May 16, 2008 and May 23, 2008 has failed to appear in this cause, to file and answer, or to otherwise comply with the Indiana Rules of Trial Procedure; and 4. This Court has subject matter jurisdiction of this cause and of the parties; and 5. Plaintiff has acquired an 'interest in the following described property located in St. Joseph County pursuant to a lease -purchase agreement dated December 26, 1990 a Short Form Lease dated December 26, 1990 having been recorded in the Office of St. Joseph County Recorder on December 27, 1990 as Instrument No. 90135424 and re -recorded as Instrument No. 9103080 on February 6, 1991: A Part of Parcel 2 in the Inner Belt Industrial Park, a subdivision in the Southeast and Southwest Quarters of Section 1 l and the Northeast Quarter of Section 14, all in Township 37 North, Range 2 East, the Plat of which is recorded in Plat Book 21, page 1 in the Office of said County and State, which is more specifically described as follows: Beginning at a point 428.71 feet East of the Southwest corner of said Parcel 2; thence West 428.71 feet; thence North 743.76 feet; thence East 428.71 feet; thence South 745.03 feet to the place of beginning. Tax Key No. 18-3064-24701 Commonly known as: 1045 W. Sample, South Bend, Indiana ("Property"). 6. Plaintiff asserts title to the above -described Property against any and all persons whomsoever may claim any interest in the Property and the purpose of this proceeding to quiet title to said Property against the world; and 2 Defendants named herein have color of claim or appearance of color of claim to the Property, but which color of claim or appearance of color of claim to -the Property is without foundation in fact or in law; and Plaintiff has named as defendants all persons within its knowledge through whom any hostile claim may be asserted; and 9. Plaintiff is entitled to title in and to the Property. 1T IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that: 1. Title in and to the Property shall be and hereby is quieted in the name of the Plaintiff, City of South Bend, Indiana. 2. The rights and interests of Defendant Indiana & Michigan Power Company, f/k/a Indiana & Michigan Electric Company, as set forth in an easement dated August 11, I971 and recorded August 23, 1971 in Deed Record 742, page 412 in the Office of the Recorder of St. Joseph County, Indiana are preserved. 3. Defendants, The Shareholders of Banc One Kentucky Leasing Corporation, f/k/a Liberty National Leasing Company and Chicorp Financial Services, Inc., and each of them, having failed to appear, answer or otherwise comply with the Indiana Rules of- ria] Procedure, shall be and hereby are defaulted. tW., ALL OF WHICH IS ORDERED, ADJUDGED AND DEC- D this 9th day bf, ,> ly, 2008, JUDGE, ST. JOSEPH CIRitti;r-"bOURT F:\DATA\SHARF\Legal\Wpdata\Cheryl GUitgationUberty National Leasing Company\P1eadmgs\0rdcr & Judgment_080709.doc AEP Mail Deed To: Mail Tax Bills To: ire 4Eij, ht. t5 -. 1=31 Jt. RECORDED AS PRESENTED OI 05/12/2008 11:34:46 TERRI J. RETBLAKE ST. JOSEPH COUNTY. RECORDER REC FEE: $19.00 �- PASTS: 4 r"J, o(o- Mop 1?Z9 ,,,)a . fos / fY93 a / Auditor's Record Transfer No. `2 Taxing Uni! Dale k-.a -Qd Key No. 018-6064-247401 QUIT CLAIM DEED OF EASEMENT Will REAS, in December 1990 the City of South Bend, through a lease with an option to purchase ("Lease"), acquired an interest in the following described real estate located in St. Joseph County, Indiana: A Part of Parcel 2 in the Inner Belt Industrial Park, a subdivision in the Southeast and Southwest Quarters of Section 11 and the Northeast Quarter of Section 14, all in Township 37 North, Range 2 East, the Plat of which is recorded in Plat Book 21, page 1 in the Office of said County and State, which is more specifically described as follows: Beginning at a point 428.71 feet East of the Southwest corner of said Parcel 2; thence West 428.71 feet; thence North 743.76 feet: thence East 428.71 feet; thence South 745.03 feet to the place of beginning. Tax Key No. 18-3064-247@r .err Commonly known as :1045 W. Sample, South Bend, Indiana; and WHEREAS, the City has fulfilled all its obligations under the Lease; and WHEREAS, the City has filed a Quiet Title action in the St. Joseph Circuit Court, Cause Number (See _B_elout)bu+,dp_esnot yet have full and clear title to the above -described real estate. 71CO1-),804-P.L-00088 W ITNES S ETI4 That in consideration of One Dollar, and other valuable consideration, the receipt of which is hereby acknowledged, and covenants hereinafter set forth, the City of South Bend (hereinafter called the "Grantor") hereby to the extent of its current interest in and all interest it will acquire through the aforementioned Quiet Title action, hereby grants and conveys to Indiana Michigan Power Company, an Indiana corporation, whose business address is 1 Riverside Plaza, Columbus, Ohio, 43215 (hereinafter called the "Grantee"), a permanent right-of-way and easement for an electric transmission, distribution, and communication line or lines of overhead and underground facilities, including the right to permit attachments of other to said facilities, in, on, over, along, under, through and across the following described lands of the Grantor, situated in the State of Indiana, County of -St. Joseph, and Portage Township, Section 11, Township 37 North, Range 2 East. Grantor claims title by the instrument recorded in Document No. 9035263 in the St. Joseph County Recorders Office. Key Number:018-6064-247401 The easement is described as follows: More particularly described in Exhibit "A" attached hereto and made a part hereof DULY EMM- RED FOR TAM-11 H pETER H. RfiL41EN ST0 OSEMCOAaireLaM 081579 1 TOGETHER WITH THE FOLLOWING RIGI•ITS. FACILITIES: The right of the Grantee to construct, reconstruct, operate, maintain, inspect, protect, repair, replace, renew, relocate along the centerline and remove poles with cross arms, guys, anchors, grounding systems, and all other appurtenant equipment and fixtures, and the string wires and cables, adding thereto from time to time, on and across said lands. TREES AND OBSTRUCTIONS IN EASEMENT: The right to cut down, trim and otherwise control, and at the Grantee's option, remove from said casement any and all trees, overhanging branches, brush, buildings, structures, or other obstructions, together with the right to cut down, trim and otherwise control, and, at the Grantee's option to remove from the lands of the Grantor adjoining said easement any and all other trees which in the opinion of the Grantee may endanger the safety of, or interfere with the construction, operation or maintenance of said facilities. INGRESS AND EGRESS: Giving the Grantee the right of ingress and egress in and over existing or future roads and lanes and other reasonable routes on said lands, and any of the adjoining lands of the Grantors, for the purpose of exercising and enjoying the rights granted. It is understood and agreed between the parties hereto that: 1. The Grantor reserves the right to cultivate, pasture or otherwise use said lands in anyway not inconsistent with the rights herein granted. however, no building, structure, advertising device, swimming pool or deep well shall be erected or placed by the Grantor within the easement herein granted. 2. The Grantee agrees to repair or pay the Grantor for damage to stock, growing crops, fences, gates, field tile, drainage ways, drives, lawns, or structures caused by the Grantee in the exercise of the rights herein granted. Grantee agrees to pay the standing timber value, based on Board Measure, at the market price in the vicinity, for any trees cut outside the casement, which are marketable as timber. 3. This instrument contains all agreements expressed or implied between the parties herein and shall inure to the benefit of and be binding upon their respective heirs, executors, administrators, lessees, tenants, successors, and assigns- 1 affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each Social Security number In this document, u ess required by law. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary Gilot, President Carl ittrell,/JMember onald Inks, Member STATE OF INDIANA, ST. JOSEPH COUNTY, ss: Before me, a Notary Public in and for said County and State, personally appeared Board of Public Works President Gary Gilot and Board of Public Works members Carl Littrell and Donald Inks, respec 'vely, of the City of South Bend, and acknowledge the execution of the foregoing deed on Zt� , 2008. My Commission Expires: I lrlr� ��t'• Co/!A—Notary Public Residing in St. Joseph County, Indiana Prepared by Thomas L. Bodnar, Assistant City Attorney, 1400 County -City Building, South Bend, IN 4 660 1. 0815791 Easement No. 10 Map No. 95-140 Line No. 1929 Studebaker -West Side 138 kV Line Liberty National Leasing Company EXHIBIT "A" LEGAL DESCRIPTION! An overhang easement over the tract described in document number 9035263 being a part of Parcel 2 in the Inter Belt Industrial Park as recorded in Plat Book 21 , Page I as recorded in the office of the Recorder ofSt. Joseph County, Indiana described as follows: Beginning at the northeast corner ofsaid document number 9035263; thence southerly, 17.00 feet along the east line ofsaid document number 9035263, thence westerly, deflecting right 90 degrees 02 minutes 25 seconds, 290.00 feet parallel with the north line ofsaid document number 9035263; thence northerly, deflecting right 89 degrees 57 minutes 35 seconds, 17.00 feet parallel with the east line ofsaid document number 9035263 to the north line ofsaid document number 9035263; thence easterly, deflecting right 90 degrees 02 minutes 25 seconds, 290.00 feet along said north line to the place of beginning. Containing 0.1 1 acres more or less. This description was prepared on January 1 1, 2008, by Stoody Associates, Professional Land Surveyors, 121 E. Market St., Bluffton, Indiana at the request of, Indiana Michigan Power Company. Liberty National Leasing Company - Indiana Michigan Power Co. Sheet I of File No. 214-10 0815791 �I a o. I`l. o0 DEX.. �'Gi'D�rJ Z(o�J �c1 t L Ep. EILLT 1 kJ DLYD I (21 n L PL, Q ►L �CivQTl 5oL�-Tv EAU 111. 5C6 L I "= 4a` D Zo 4a �1 [�,,EfL'ty �d7ro�lo� 1,d-olo,cJQ St�LLT Z o� Z l� J j 'OV L' D.E. Ln i 4 LE' ZI4_ Io 1Z8a47t:5�:-) RECORDED AS PRESENTED ON 07/25/2008 02:45:34PM STATE OF INDIANA, ST. JOSEPH COUNTY TERRI J. RETHLAKE IN THE ST. JOSEPH CIRCUIT COURT ST. JOSEPH COUNTY RECORDER THE CITY OF SOUTH BEND, } INDIANA, acting by and through its Board ) of Public Works, ) Plaintiff ) V. ) ) THE SHAREHOLDERS OF BANC ONE ) KENTUCKY LEASING CORPORATION, ) FORMERLY KNOWN AS ) LIBERTY NATIONAL LEASING ) COMPANY, et. al. ) Defendants. ) REC FEE: SI5.00 PAGES: 3 CAUSE NO. 71C01-0804-PL-00088 JUDGMENT AND ORDER Sgsep�OoA� .tk-Gjo t", S Comes now Plaintiff, City of South Bend, by its Assistant City Attorney, Cheryl A. Greene, and shows unto the Court, and the Court now finds that: 1. Defendant, Indiana & Michigan Power Company, f/k/a Indiana & Michigan Electric Company, has appeared through its counsel of record, Carmen M. Piasecki, and filed its Answer to Plaintiff's Complaint to Quiet Title seeking to preserve its interest in the property described in Plaintiff's Complaint by virtue of an easement dated August 11, 1971 and recorded August 23,1971 in Deed Record 742, page 412 in the Office of the Recorder of St, Joseph County, Indiana and that Plaintiff has no objection to preserving said interest of Defendant; and 2. Defendant, The Shareholders of Banc One Kentucky Leasing Corporation, f/k/a Liberty National Leasing Company at the time that it was administratively dissolved, has been served by Certified Mail on May 2, 2008 and by publication of Notice of Pendancy of Action and Notice of Hearing in the Tri-County Nees on May 9, 2008, May 16, 2008 and May 23, 2008 and has failed to appear in this cause, to file and answer, or to otherwise comply with the Indiana Rules of Trial Procedure; and 3. Defendant, Chicorp Financial Services, Inc. has been served by publication of Notice of Pendancy of Action and Notice of Hearing in the Tri-County News on May 9, 2008, May 16, 2008 and May 23, 2008 has failed to appear in this cause, to file and answer, or to otherwise comply with the Indiana Rules of Trial Procedure; and 4. This Court has subject matter jurisdiction of this cause and of the parties; and 5. Plaintiff has acquired an interest in the following described property located in St. Joseph County pursuant to a lease -purchase agreement dated December 26, 1990 a Short Form Lease dated December 26, 1990 having been recorded in the Office of St. Joseph County Recorder on December 27, 1990 as Instrument No. 90135424 and re -recorded as Instrument No. 9103080 on February 6, 1991: A Part of Parcel 2 in the Inner Belt Industrial Park, a subdivision in the Southeast and Southwest Quarters of Section 11 and the Northeast Quarter of Section 14, all in Township 37 North, Range 2 East, the Plat of which is recorded in Plat Book 21, page 1 in the Office of said County and State, which is more specifically described as follows: Beginning at a point 428.71 feet East of the Southwest corner of said Parcel 2; thence West 428.71 feet; thence North 743.76 feet; thence East 428.71 feet; thence South 745.03 feet to the place of beginning. Tax Key No. 18-3064-24701 Commonly known as.- 1045 W. Sample, South Bend, Indiana ("Property") 6. PIaintiff asserts title to the above -described Property against any and all persons whomsoever may claim any interest in the Property and the purpose of this proceeding to quiet title to said Property against the world; and 2 7. Defendants named herein have color of claim or appearance of color of claim to the Property, but which color of claim or appearance of color of claim to the Property is without foundation in fact or in law; and Plaintiff has named as defendants all persons within its knowledge through whom any hostile claim may be asserted; and 9. Plaintiff is entitled to title in and to the Property. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that: 1. Title in and to the Property shall be and hereby is quieted in the name of the Plaintiff, City of South Bend, Indiana. 2. The rights and interests of Defendant Indiana & Michigan Power Company, f/k/a Indiana & Michigan Electric Company, as set forth in an easement dated August 11, 1971 and recorded August 23, 1971 in Deed Record 742, page 412 in the Office of the Recorder of St. Joseph County, Indiana are preserved. 3. Defendants, The Shareholders of Banc One Kentucky Leasing Corporation, f/k/a Liberty National Leasing Company and Chicorp Financial Services, Inc., and each of them, having failed to appear, answer or otherwise comply with the Indiana Rules of Trial Procedure, shall be and hereby are defaulted. ALL OF WHICH IS ORDERED, ADJUDGED AND DECREED this 9th day of July, 2008. r7 JUDGE, ST. JOSEPH CIRCUIT COURT F:IDATAISHARE\LcgallWpdaialClicD,I CALitigationUberty National Leasing Company\Pleadingsl0rder & 3udgment_080709.doe 1316 COUNTY -CITY BUILDING \ 'j��l� PHONE 5741235-9251 227 W. JEFFERSON BouuvmD U -- \\` ,ri'i 0�� \EACE�i SOUTH BEND, 1NDIANA 46601-1830 �e .� 1` ,� ,-4- .� 40 / d,0� ��� 1865 5 n�! , vC�S �eck� f�ccr�P CITY OF SOUTH BEND STEPHEI P®ARD OF PUBL April 28, Mr. Carl Meyer Indiana Michigan Power Company 1270 Blackhawk Trail Benton Harbor, Michigan 49022 RE: Quit Claim Deed of Easement --- 1045 Sample Street Dear Mr. Meyer: The Board of Public Works, at its meeting held on April 28, 2008, approved the above referenced Quit Claim Deed of Easement. Please record the Quit Clain Deed of Easement and rettirn a copy to me as soon as possible. If you have any questions, please contact me at (574) 235-9251. Sincerely, inda M. Martin, Cler Enclosure c: Tom Bodnar, Legal GARYA. GILOT, P.Fi. CARL P. LITTRELL, P.1?. DONALD E. INKS PRESIDENT MEMBER MEMBER 1316 COUNTY -CITY BUILDING 227 W. j rl:MON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LuECKE, MAYOR BOARD OF PUBLIC WORKS April 28, 2008 Mr. Carl Meyer Indiana Michigan Power Company 1270 Blackhawk Trail Benton Harbor, Michigan 49022 RE: Quit Claim Deed of Easement — 1045 Sample Street Dear Mr. Meyer: PI -IONS 5741235-9251 FAx 574l235-9171 TDD 574/ 235-5567 The Board of Public Works, at its meeting held on April 28, 2008, approved the above referenced Quit Claim Deed of Easement. Please record the Quit Claim Deed of Easement and return a copy to me as soon as possible. If you have any questions, please contact me at (574) 235-9251. Sincerely, ,Linda M. Martin, Cler Enclosure c: Tom Bodnar, Legal GARYA.. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER Mail Deed To: Mail Tax Bills To: Auditor's Record Transfer No. Tirxing Unit Date Key No. 018-6064-247401 QUIT CLAIM DEED OF EASEMENT WHEREAS, in December 1990 the City of South Bend, through a lease with an option to purchase ("Lease"), acquired an interest in the following described real estate Iocated in St. Joseph County, Indiana: A Part of Parcel 2 in the Inner Belt Industrial Park, a subdivision in the Southeast and Southwest Quarters of Section 11 and the Northeast Quarter of Section 14, all in Township 37 North, Range 2 East, the Plat of which is recorded in Plat Book 21, page 1 in the Office of said County and State, which is more specifically described as follows: Beginning at a point 428.71 feet East of the Southwest corner of said Parcel 2; thence West 428.71 feet; thence North 743.76 feet; thence East 428.71 feet; thence South 745.03 feet to the place of beginning. Tax Key No. 18-3064-24701 Commonly known as :1045 W. Sample, South Bend, Indiana; and WHEREAS, the City has fulfilled all its obligations under the Lease; and WHEREAS, the City has filed a Quiet Title action in the St. Joseph Circuit Court, Cause Number, (See, Below)bbut doj�snot yet have full and clear title to the above -described real estate. 71COI-0804--PL-00088 WITNESSETH That in consideration of One Dollar, and other valuable consideration, the receipt of which is hereby acknowledged, and covenants hereinafter set forth, the City of South Bend (hereinafter called the "Grantor") hereby to the extent of its current interest in and all interest it will acquire through the aforementioned Quiet Title action, hereby grants and conveys to Indiana Michigan Power Company, an Indiana corporation, whose business address is 1 Riverside Plaza, Columbus, Ohio, 43215 (hereinafter called the "Grantee"), a permanent right-of-way and easement for an electric transmission, distribution, and communication line or lines of overhead and underground facilities, including the right to permit attachments of other to said facilities, in, on, over, along, under, through and across the following described lands of the Grantor, situated in the State of Indiana, County of St. Joseph, and Portage Township, Section 11, Township 37 North, Range 2 East. Grantor claims title by the instrument recorded in Document No. 9035263 in the St. Joseph County Recorders Office. Key Number:018-6064-247401 The easement is described as follows: More particularly described in Exhibit "A" attached hereto and made a part hereof. TOGETHER WITH THE FOLLOWING RIGHTS: : FACILITIES: The right of the Grantee to construct, reconstruct, operate, maintain , inspect, protect, repair, replace, renew, relocate along the centerline and remove poles with cross arms, guys, anchors, grounding systems, and all other appurtenant equipment and fixtures, and the string wires and cables, adding thereto from time to time, on and across said lands. TREES AND OBSTRUCTIONS IN EASEMENT: The right to cut down, trim and otherwise control, and at the Grantee's option, remove from said easement any and all trees, overhanging branches, bush, buildings, structures, or other obstructions, together with the right to cut down, trim and otherwise control, and, at the Grantee's option to remove from the lands of the Grantor adjoining said easement any and all other trees which in the opinion of the Grantee may endanger the safety of, or interfere with the construction, operation or maintenance of said facilities. INGRESS AND EGRESS: Giving the Grantee the right of ingress and egress in and over existing or future roads and lanes and other reasonable routes on said lands, and any of the adjoining lands of the Grantors, for the purpose of exercising and enjoying the rights granted. It is understood and agreed between the parties hereto that: 1. The Grantor reserves the right to cultivate, pasture or otherwise use said lands in anyway not inconsistent with the rights herein granted. However, no building, structure, advertising device, swimming pool or deep well shall be erected or placed by the Grantor within the easement herein granted. 2. The Grantee agrees to repair or pay the Grantor for damage to stock, growing crops, fences, gates, field tile, drainage ways, drives, lawns, or structures caused by the Grantee in the exercise of the rights herein granted. Grantee agrees to pay the standing timber value, based on Board Measure, at the market price in the vicinity, for any trees cut outside the easement, which are marketable as timber. 3. This instrument contains all agreements expressed or implied between the parties herein and shall inure to the benefit of and be binding upon their respective heirs, executors, administrators, lessees, tenants, successors, and assigns. CITY OF SOUTH BEND BOARD J'OFF PUBLIC WORKS //QUA Gary Gilot, President CarIA-ittrell, Member bnald Inks, Member STATE OF INDIANA, ST. JOSEPH COUNTY, ss: Before me, a Notary Public in and for said County and State, personally appeared Board of Public Works President Gary Gilot and Board of Public Works members Carl Littrell and Donald Inks, respe_c�'vely, of the City of South Bend, and acknowledge the execution of the foregoing deed on illa6...Y-1 , 2008. f My Commission Expires: .feo,,7 r?- ( (1U//-- Notary Public Residing in St. Joseph County, Indiana Prepared by Thomas L. Bodnar, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. Easement No, 10 Map No. 95-140 Line No. 1929 Studebaker -West Side 138 kV Line Liberty National Leasing Company EXHIBIT `°A" LEGAL DESCRIPTION: An overhang easement over the tract described in document number 9035263 being a part of Parcel 2 in the Inter Belt Industrial Park as recorded in Plat Book 21, Page I as recorded in the office of the Recorder of St. Joseph County, Indiana described as follows: Beginning at the northeast corner of said document number 9035263; thence southerly, 17.00 feet along the east line of said document number 9035263; thence westerly, deflecting right 90 degrees 02 minutes 25 seconds, 290.00 feet parallel with the north line of said document number 9035263; thence northerly, deflecting right 89 degrees 57 minutes 35 seconds, I7.00 feet parallel with the east line of said document number 9035263 to the north line of said document number 9035263; thence easterly, deflecting right 90 degrees 02 minutes 25 seconds, 290.00 feet along said north line to the place of beginning. Containing 0. 11 acres more or less. This description was prepared on January 11, 2008, by Stoody Associates, Professional Land Surveyors, 121 E. Market St., Bluffton, Indiana at the request of, Indiana Michigan Power Company. Liberty National Leasing Company - Indiana Michigan Power Co. Sheet 1 of 2 File No. 214-10 r ., 8 J r -� LC7-1 e a o m j 0 N Easement No. 10 Map No. 95-140 Line No. 1929 Studebaker -West Side 138 kV Line Liberty National Leasing Company EXHIBIT "A" LEGAL DESCRIPTION: An overhang easement over the tract described in document number 9035263 being a part of Parcel 2 in the Inter Belt Industrial Park as recorded in Plat Book 21, Page I as recorded in the office of the Recorder of St. Joseph County, Indiana described as follows: Beginning at the northeast corner ofsaid document number 9035263; thence southerly, 17.00 feet along the east line of said document number 9035263; thence westerly, deflecting right 90 degrees 02 minutes 25 seconds, 290.00 feet parallel with the north line of said document number 9035263; thence northerly, deflecting right 89 degrees 57 minutes 35 seconds, 17,00 feet parallel with the east line of said document number 9035263 to the north line of said document number 9035263; thence easterly, deflecting right 90 degrees 02 minutes 25 seconds, 290.00 feet along said north line to the place of beginning. Containing 0.1 1 acres more or less. This description was prepared on January 11, 2008, by Stoody Associates, Professional Land Surveyors, 121 E. Market St., Bluffton, Indiana at the request of, Indiana Michigan Power Company, Liberty National Leasing Company - Indiana Michigan Power Co. Sheet 1 of 2 File No. 214-10 1 I �+ I .t � �; - r + -5� :;},%ti. � �'."'.�-:r.•!�'jt �IS } �1 ', 1� I FF j +`. i L�r '•., W ��i�fz { • I� / , .- t ,. t II i 7� � 1. L !�' pt ,��� G ,. .tl tyyl�� � �Lt ,1. .���� 1•. ir� r r .r .1{ rl l,l t l iN 1 ` ��'••--'�'�: it _. / + �f 4]iJl � i I �} !fir.. 1r � !Ir �`' �;• ���'�•t � ¢t � i! I } p i IS V >� I +1 �{I� '' 1'r "' if I�� 4F� ,tSl i 'S 4.• �'t ��i j{J1 .� y ' _ � f,•r'� ' rt ,I ••�f ' r�,_�S ,'t �71 a �}1�5€�- ��'�11 'j'} Iz 6 J' 'Qr 1 `J , Tuesday, Feb 19, 2008 09:20 AM f L-Ea r' 1` _- e nc Wilk f - - .. - _� _ - _ -...ter.'_""'" _ -_ - .. °'.L� �:•�•- _. �•'•- �-- - L�r � �ti. �t 411"Ic i. 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I r - { y-ham .ry .. �r ���- �T.` �.. � �•� - `�f� _ F r• ruin a OFFICE OF THE CONTROLLER AND BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM roes Date t' z z o y Department L_ BPW Date `�p Phone S' r b � Name o Legal Attorney Name: GOO,4)/-IL vO b Controller review. is required for all Contracts $5,000.00 or more and greater than one o Controller ❑ year in length per the City Purchasing Policy o Cr a qa Other 94 Appropriate ❑ Other, as appropriate: N Reviewers Type of Item ❑ Contract/Agreement ❑ Proposal ❑ Addendum ❑ Claim Pq.Easement/Encroachment ❑ Resolution ❑ Traffic Control Device VF _ ❑Other: -- ------------------------------------ - - -------------------------- - Company or Vendor Name ,�/ O alVn / 1Gtit-e �'v c2 Project Name ©- �'o o Project Number (Engineering) /� o Amount $ Funding Source Purpose/Description: U Terms of Contract: �c Type of Item ❑ Advertise ❑ Bid Opening❑ Bid Award ❑ Quote Opening ❑ Quote Award Cn ❑ Title Sheet ❑ Other -------------------- - - - - -- ------------------------- Company Name Project Name p" Project Number (Engineering) Contract[Project Amount $ Funding Source Type of Item ❑ Chg Order ❑ CIO & PCA ❑ PCA ❑Other: ---------------------------------- --------------------------------- u Contractor/Consultant Name Project Name O Project Number (Engineering) PO Number W Amount of ❑increase ❑Decrease $ Current Percent of Change: % Original Contract/Project Amount $ Total Percent of Change: °/a U New Contract/Project Amount $ Purpose/Description: Col ;> ❑ �n n nal List Name, Dept., Address (if appropriate) of who should receive document ( C 0 1 _090 1(__*PL___000 V LEGAL DEPARTMENT INTEROFFICE MEMORANDUM TO: Board of Public Works FROM: Thomas L. Bodna•�� 5 Assistant City Attorney RE: Easement DATE: April 22, 2008 Indiana Michigan Power Company wishes to have an easement for utility lines to run through the Central Services property. We currently are filing a Quiet Title action in that matter. They will accept a Quit Claim Deed of Easement from us as long as that has been filed and can proceed with their work. The Mayor supports the relocation of these utility lines away from the residential properties on the west side. Your consideration is appreciated. I will be at the agenda session to answer any questions you have. Carl Weyer Contract Right of Way Agent AMERICAN" ELECTRIC POWER American Electric Power klichiana Land Services 1270 Blackhawk Trail 269-208.0155 Benton Harbor, MI49022 fax 574-234-1087 AEP.com meyet4michianalandservices.com