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HomeMy WebLinkAbout#3239- Deed; SANITARY SEWER LIFT STATION & ACCESS AGREEMENT Lot 133 as the same is shown and designated on the plat of Augustine Lake, Section 132 9 �I 12:00: 0 AM Sanitary Sewer Lift Station & Acess Agreement j 21-1038-061955 j LOT NO. 133 SUB: Augustine Lake, Section 1 Natures Gate, II, LLC I Blue Winged Trail I Description: Lot 133 as the same is shown and designated on the plat of Augustine Lake, Section l �21 -:; � PropeEty Address BLUE WiNGEDTRAm Souni BEND, JN. TAx KEX No. 21-1038-061955 -.-cr,-�cs�� Address pie fr&,5on , l 3/ 6 �tj�Tt (3en� fi,j �4bbOI SANITARY SEWER LIFT STATION UTILITY AND ACCESS EASEMENT RECORDED AS PRESENTED ON 06/11/2008 01:38:26PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $17.00 PAGES: 3 This Easement Agreement is made by and between Natures Gate M LLC (hereinafter referred to as Grantor), its successors and assigns and The City of South Rend, Indiana by its Board of Public Works (hereinafter referred to as Grantee), its successors and assigns and is entered into this day of s✓r't- 2008. WEFER14'AS, GrurrroR is the owner of the following described real estate by virtue of a Warranty Deed from Ronald E. and Marcia Koelndorfer to Natures Gate H, LLC, recorded as instrument number 0548271 in the office of the Recorder of St. Joseph County, Indiana and subsequently re -recorded as instrument number 0630472 and as instrument number 0652073 in said Recorder's office. Said land was further subdivided and platted and is specifically described as follows: Lot 133 as the same is shown and designated on the plat of Augustine Lake Section One, recorded as instrument number 0649828 in the office of the Recorder of St. Joseph County, Indiana. AND WI[EREAS, GRANTOR expects that certain improvements will be or have been constructed along, over, across and under Grantor's lands that are necessary to the continuous and efficient operation of sanitary sewer improvements within the limits of lands owned and controlled by Grantor NOw THEREFORE, GRANTOR grants unto GRANTEE, its successors and assigns, an easement for egress and ingress along with an easement for the construction, operation and maintenance of a sanitary sewer and its appurtenant structures, both of which are along, over, across and under a parcel of land being more particularly described as: A parcel of land being a part of the Southeast Quarter of Section 23, Township 38 North, Range 1 East, Warren Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Southwest corner of Lot 133 as shown on the recorded plat of Augustine Lake Section One in the Office of the Recorder of St. 3oseph County, Indiana as Instrument No. 0649828; thence South 00'16'18" East, a distance of 26.50 feet; thence North 89'43142" East, a distance of 36.00 feet; thence South 00'16'18" East, a distance of 26.50 feet to a point on the south line of said Lot 133; thence South 89'43142" West along said line, a distance of 36.00 feet to the point of beginning. As shown graphically on Attached "Exhibit `Al" The purpose of this easement is for access to and maintenance of the sanitary sewer lift station in the Augustine Lake subdivision. Now Tm:REIF'®RE, IN WITNESS WHEREOF comes Dennis D. Miller, in his capacity as Member of Natures Gate II, LLC to execute and create this "Sanitary Sewer Lift Station Utility and Access Easement" for, and on behalf of, said Corporation. 0819527 v d Dennis D. Miller, Member Natures Crate II, LLC P.O. Box 229 Granger, In. 46530-0229 State of Indiana SS: County of St. Joseph Before me, the undersigned notary public, in and for said county and state, personally appeared Dennis D. Miller, as Member of Natures Gate II, LLC and acknowledged the execution of the foregoing instrument for and on behalf of said corporation as its voluntary act and deed for the uses and purposes therein set forth. Witness my hand and Notorial Seal this day of 2008. M iryy, LORI A BROWN .�: St. Joseph County i,' My Commission Expires Notary Public '"a..•a>;�;.�` December 20.201a Notary is a resident of St. Joseph County, Indiana My commission expires day of Accepted by the Board of Public Works for and on behalf of the City of South Bend, Indiana. Gary A. Gilot, P.E., Member South Bend Board of Works Carl P. Littrell, P.E., Member South Bend Board of Works Aonald -,/ 'z- jZ/' E. Inks, Member South Bend Board of Works 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. ame: .Jevl-7nc���• �ii✓G�--- This Instrument prepared by: Natures Gate M LLC P.O. Box 229 Granger, In. 46530-0229 DM527 O C/L BLUE WINGED TRAIL 40'R/W ASPHALT NOO'16'18��W- GATE 26.50 �F RIGHT-OF-WAY LINE — J _ 2• TELE PED (IYP)- -FT E 6" CONCRETE 1 p• DRAINAGE, UTILITY & ROADWAY DRIVEWAY II MAINTENANCE EASEMENT ELEC TRANS z 7E- � ¢ ` o _ cD — _ � 1 co v co rn r� � I I � ARBORVITAE HEDGE �� 6' CHAIN LINK FENCE LIFT STATION "' 2" GRAVEL I COVER M BLACK VINYL COATED EASEMENT; I J MANHOLE CASTING I 2g' BUILDING SETBACK LINE { 26.50 MANOOLE CASTING TO BE SOO' 16' 18"E REPLACED WITH APPROPRIATE LOT 1 33 HATCH LID AS LISTED FOR B LIFT STATION SPECIFICATIONS o ON `SHEET 28. z � z � w I � O v) V u n � a ca � � I EXHIBIT A Lang, Feeney & A S4MCP 8OO. alto Land Surveyors, Construction Engineers & Soil Scientlsts AUGUSTINE LAKE 715 South Michigan Street SECTION ONE South Bend, Indiana 46601 LOT 133 Phone 574-233-1841 Fox 574-674-0374 File No- I Drawn By Scate LIFT STATION MAINTENANCE EASEMENT I AugustineLakeL;tiSla1O081 1316 COUNTY -CITY BUILDING 227 W, JEFFEMON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOU-v" i BEND STFPHFN J. Lumm, MAYOR BOARD OF PUBLIC WORKS March 24, 2009 Mr. Dennis Miller Nature's Gate II, LLC Post Office Box 229 Granger, Indiana 46530-0229 RE: Easement — Augustine Lakes Subdivision Dear Mr. Miller: PHONE 574/ 235-9251 FAx 574l235-9171 TDD 5741235-5567 The Board of Public Works, at its meeting held on March 24, 2008, approved the above referenced Easement for the purpose of a sanitary sewer lift station utility and access. Please record the enclosed originals of Us Easement and return an original to me. If you have any questions, please contact me at (574) 235-9251. Sincerely, 4L&da M. Martin, Clerk Enclosure c: Tony Molnar, Engineering GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER SAMI'ARY SEWER UFT STATION UTI LVTY AND ACCESS EASEMENT This Easement Agreement is made by and between Natures Gate U, Q..,IL.0 (hereinafter referred to as Grantor), its successors and assigns and The City of South Bend, Indiana by its Board of Public Words (hereinafter referred to as Grantee), its successors and assigns and is entered into this ja- day of Q1i , 2008. WHEREAS, GRANTOR is the owner of the following described real estate by virtue of a Warranty Deed from Ronald E. and Marcia Koelndorfer to Natures Gate 11, LLC, recorded as instrument number 0548271 in the office of the Recorder of St. Joseph County, Indiana and subsequently re -recorded as instrument number 0630472 and as instrument number 0652073 in said Recorder's office. Said land was further subdivided and platted and is specifically described as follows: Lot 133 as the same is shown and designated on the plat of Augustine Lake Section One, recorded as instrument number 0649828 in the office of the Recorder of St. Joseph County, Indiana. AND WHEREAS, GRANTOR expects that certain improvements will be or have been constructed along, over, across and under Grantor's lands that are necessary to the continuous and efficient operation of sanitary sewer improvements within the limits of lands owned and controlled by Grantor NOW THEREFORE, GRANTOR grants unto GRANTEE, its successors and assigns, an easement for egress and ingress along with an easement for the construction, operation and maintenance of a sanitary sewer and its appurtenant structures, both of which are along, over, across and under a parcel of land being SANITARY SEWER LIFT STATION UTILITY AND ACCESS EASEMENT This Easement Agreement is made by and between Natures Gate 11, LLC (hereinafter referred to as Grantor), its successors and assigns and The City of South Bend, Indiana by its Board of Public Words (hereinafter referred to as Grantee), its successors and assigns and is entered into this j— day of ( 2008. WHEREAS, GRANTOR is the owner of the following described real estate by virtue of a Warranty Deed from Ronald E. and Marcia Koelndorfer to Natures Gate 11, LLC, recorded as instrument number 0548271 in the office of the Recorder of St. Joseph County, Indiana and subsequently re -recorded as instrument number 0630472 and as instrument number 0652073 in said Recorder's office. Said land was further subdivided and platted and is specifically described as follows: Lot 133 as the same is shown and designated on the plat of Augustine Lake Section One, recorded as instrument number 0649828 in the office of the Recorder of St. Joseph County, Indiana. AND WHEREAS, GRANTOR expects that certain improvements will be or have been constructed along, over, across and under Grantor's lands that are necessary to the continuous and efficient operation of sanitary sewer improvements within the limits of lands owned and controlled by Grantor Now THEREFORE, GRANTOR grants unto GRANTEE, its successors and assigns, an easement for egress and ingress along with an easement for the construction, operation and maintenance of a sanitary sewer and its appurtenant structures, both of which are along, over, across and under a parcel of land being more particularly described as. A parcel of land being a part of the Southeast Quarter of Section 23, Township 38 North, Range 1 East, Warren Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the southwest corner of Lot 133 as shown on the recorded plat of Augustine Lake Section One in the Office of the Recorder of St. Joseph County, Indiana as Instrument No. 0649828; thence South 00°16'18" East, a distance of 26.50 feet; thence South 89°43'42" West, a distance of 22.00 feet; thence North 00'16' 18" West, a distance of 26.50 feet to a point on the south line of said Lot 133; thence North 89°43'42" East along said line, a distance of 22.00 feet to the point of beginning. As shown graphically on Attached "Exhibit `A'" The purpose of this easement is for access to and maintenance of the sanitary sewer lift station in the Augustine Lake subdivision. NOW THEREFORE, IN WITNESS WHEREOF comes Dennis D. Miller, in his capacity as Member of Natures Gate I1, LLC to execute and create this "Sanitary Sewer Lift Station Utility and Access Easement" for, and on behalf of, said Corporation. C/L BLUE WINGED TRAIL 40'R/W ASPHALT EXISTING 2' CONCRETE CURB r RIGHT-OF-WAY LINE --- - - - - �saa'16'18°E 26.50' - - -- CONCRETE DRIVEWAY 10' DRAINAGE, UTILITY & ROADWAY Ti� MAINTENANCE EASEMENT C'� w I � "t- o �CD 1 N ® MANHOLE I 6i LIFT STATION MAINTENANCE —---h00'16'18"W EASEMENT 1�26.50' r z M J O j w � IO w ¢ I� z J a O cn ir7 LOT 133 2929' BUI-DIN'SEETBACK LI!`IE EXHIBIT A 11-minglg c=-zc7:�y O zzAmEa OIma ' AUGUSTINE LAKE Land Surveyors, Construction Engineers & Soil Scientists SLCTfON ONE 715 South Michigan Street South Bend, Indiana 46601 LOT 133 Phone 574-233-1841 Fax 574-674-0374 File Name Drown By TS�- LIFT STATION MAINTENANCE EASEMENT Augustinel-okeLiftSto JMS = 10' Dennis D. Miller, Member Natures Gate 11, LLC P.o. Box 229 Granger, In. 46530-0229 State of Indiana SS: County of St. Joseph Before me, the undersigned notary public, in and for said county and state, personally appeared Dennis D. Miller, as Member of Natures Gate 11, LLC and acknowledged the execution of the foregoing instrument for and on behalf of said corporation as its voluntary act and deed for the uses and purposes therein set forth. Witness my hand and Notorial Seal this day of 200& RENNE NORTON Notary Public / SEAL State of Indiana / MY Corny jujon Expires January 29, 2016 NotaToublic Notary is a resident of St. Joseph County, Indiana My commission expires _ day of -�o,n an 1 tv Accepted by the Board of Public Works for and on behalf of the City of South Bend, Indiana. /9't� d /�-� Gary A. Gilot, P.E., Member Q,-%11 h Rind Roard of Works D nald E. IAs, Mei er South Bend Board of Works Dennis D. Miller, Member Natures Gate II, LLC P.O. Box 229 Granger, in. 46530-0229 State of Indiana SS: County of St. Joseph Before me, the undersigned notary public, in and for said county and state, personally appeared Dennis D. Miller, as Member of Natures Gate II, LLC and acknowledged the execution of the foregoing instrument for and on behalf of said corporation as its voluntary act and deed for the uses and purposes therein set forth. Witness my hand and Notorial Seal this �day of 2008. RENNE NORTON Notary Public SFf If � State of Indiana MY won rxptres January 29, 2016 Nota ublic Notary is a resident of St. Joseph County, Indiana My commission expires _in_ day of n1c,1A -c� { I Accepted by the Board of Public Works for and on behalf of the City of South Bend, Indiana. kq3_t,_2 Gary A. Gilot, P.E., Member South Bend Board of Works Carl P. Littrell, P.E., Member South Bend Board of Works D nald E. fKks, Meniter South Bend Board of Works I affirm under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in ties document, unless required by law. Name: This Instrument prepared by: Natures Gate It, LLC P.O. Box 229 Granger, In. 46530-0229 INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Linda Martin, Clerk Board of Works FROM: Tony Molnar SUBJECT: Augustine Lake Easement DATE: March 17, 2008 The developer of Augustine Lakes Subdivision has submitted the attached easement to be approved by the Board and then recorded. The easement covers two items, first an easement to cover the location of a lift station for the sanitary sewer in the subdivision, And second, the easement would allow access to the lift station for maintenance work. Normally this type of easement would have been dedicated with the subdivision plat, but for some reason it was over looked. So the developer is asking for the dedication to be done through the Board process. Once the easement is signed by the Board, it will be recorded by the developer. If you have any questions, please feel free to call me at 9254. Thanks, Tony FADATA1SHARBENGINEE RIWPDATAImemoboard.wpd �purte OFFICE OF THE CONTROLLER ANDrt.�s/ BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM 1863 Date 3/17/08 Department Engineering BPW Date Phone 9254 Name Tony Molnar o Legal ❑ Attorney Name: o Cd -ti ❑ Controller review is required for all Contracts $5,000.00 or more and greater than one O' o Controller year in length per the City Purchasing Policy W Other 3 Appropriate ❑ Other, as appropriate: Reviewers Type of Item ❑ Contract/Agreenient ❑ Proposal ❑ Addendum ❑ Claim ® Easement/Encroachment ❑ Resolution ❑ Traffic Control Device ❑ Other: - - - -------------------------------------------- - E Company or Vendor Name Nature's Gate, LLC Project Name Augustine Lakes Subdivision aA Q o Project Number (Engineering) o_ a, Amount $ Funding Source PurposefDescription: Access and lift station easement. bO C-------------------------------------------- U a Terms of Contract: ------------------------------------------------------------------------------------------ Type of Item ❑ Advertise ❑ Bid Opening❑ Bid Award ❑ Quote Opening ❑ Quote Award ❑ Title Sheet ❑ Other ------- -------------------------- Company Name 0 Project Name a' Project Number (Engineering) Contract/Project Amount $ Funding Source Type of Item Ch Order C/O & PCA ❑ PCA Other: - ---------------- Contractor/Consultant Name lt� Project Name Project Number (Engineering) PO Number Amount of ❑Increase ❑Decrease $ Funding Source Original Contract/Project Amount $ Current Percent of Change: j U New Contract/Project Amount $ Total Percent of Change: % Purpose/Description: j List Name, Dept., Address (if appropriate) of who should receive document Copy Original e� o ❑ ❑ 1316 CouNTY-CiTr BUILDING 227 W. JEFFEMN BovinARD SOUTH BEND, INDIANA 46601-1830 �Sourraa� CE 1865 CITY OF SOUTH BEND STEPHEN J. L.uECt<F-, MAYOR Bow of PUBLIC WORKS August 4, 2008 Mr. Dennis Miller Natures Gate, II, LLC Post Office Box 229 Granger, Indiana 46530-0229 RE: Sanitary Sewer Lift Station Utility and Access Easement Key No: 21-1038-061955 Dear Mr. Miller: PHONE 574I 235-9251 FAx 5741 235-9171 TDD 574/235-5567 The Board of Public Works recorded the above referred to Sanitary Sewer Lift Station Utility and Access Easement with the St. Joseph County Recorder's Office on June 11, 2008. A copy is enclosed for your records. If you have any questions, please call me at (574) 235-9251. Enclosure Sincerely, 1 Linda M. Martin, CIerk GARYA. GILOT, P.F. PRr-SIDLNT As shown graptim,—j _____. CARLP LITTRLLL, P.F.. MFMBEP DoNALD 1✓. hms MEMBER 12)g 1 `952-7 RECORDED AS PRESENTED ON rh ` Properly Address BLUE WINGED TRAIL SouTH BEND, IN. TAx KEY No. 21-1038-061955 ►-4,r,����� Ad�r�s�� S��,t-t-, Bend L'iv L[{cCoo► SANITARY SEWER, LIFT STATION UTILITY AND ACCESS EASEMENT 06/11/2008 01:36:26PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $17.00 PAGES: 3 This Easement Agreement is made by and between Natures Gate H, LLC (hereinafter referred to as Grantor), its successors and assigns and The City of South Bend, Indiana by its Board of Public Works (hereinafter referred to as Grantee), its successors and assigns and is entered into this +" day of 2008. WHEREAS, GRANTOR is the owner of the following described real estate by virtue of a Warranty Deed from Ronald E. and Marcia Koelndorfer to Natures Gate 11, LLC, recorded as instrument number 0548271 in the office of the Recorder of St. Joseph County, Indiana and subsequently re -recorded as instrument number 0630472 and as instrument number 0652073 in said Recorder's office. Said land was further subdivided and platted and is specifically described as follows: Lot 133 as the same is shown and designated on the plat of Augustine Lake Section One, recorded as instrument number 0649828 in the office of the Recorder of St. Joseph County, Indiana. AND WHEREAS, GRANTOR expects that certain improvements will be or have been constructed along, over, across and under Grantor's lands that are necessary to the continuous and efficient operation of sanitary sewer improvements within the limits of lands owned and controlled by Grantor Now THEREFORE, GRANTOR grants unto GRANTEE, its successors and assigns, an easement for egress and ingress along with an easement for the construction, operation and maintenance of a sanitary sewer and its appurtenant structures, both of which are along, over, across and under a parcel of land being more particularly described as: A parcel of land being a part of the Southeast Quarter of Section. 23, Township 38 North, Range 1 East, Warren Township, St. Joseph County,1ndiana and being more particularly described as follows: Beginning at the Southwest corner of Lot 133 as shown on the recorded plat of Augustine Lake Section One in the Office of the Recorder of St. Joseph County, Indiana as Instrument No. 0649828; thence South 00°16'18" East, a distance of 26.50 feet; thence North 89°43'42" East, a distance of 36.00 feet; thence South 00016' 18" East, a distance of 26.50 feet to a point on the south lime of said Lot 133; thence South 89°43'42" Vest along said line, a distance of 36.00 feet to the point of beginning. As shown graphically on Attached "Exhibit `A"' The purpose of this easement is for access to and maintenance of the sanitary sewer lift station in the Augustine Lake subdivision. Now Tk1ERFFORE9 �N W1'rNESS WHEREOF comes Dennis D. Miller, in his capacity as Member of Natures Gate H, LLC to execute and create this "Sanitary Sewer Lift Station Utility and Access Easement" for, and on behalf of, said Corporation. Dennis D. Miller, Member Natures Gate II, LLC P.O. Box 229 Granger, In. 46530-0229 State of Indiana SS: County of St. Joseph Before me, the undersigned notary public, in and for said county and state, personally appeared Dennis D. Miller, as Member of Natures Gate H, LLC and acknowledged the execution of the foregoing instrument for and on behalf of said corporation as its voluntary act and deed for the uses and purposes therein set forth. Witness my hand and Notorial Seal this 5+4' day of Notary Public Notary is a resident of St. Joseph County, Indiana My commission expires day of �1 2008. �•'.'ey •., LORI A. BROWN j° • MOTAfiY St. Joseph County , My Commission Expires :paw• December 20, 2014 Accepted by the Board of Public Works for and on behalf of the City of South Bend, Indiana. Gary A. Gilot, P.E., Member South Bend Board of Works Carl P. Littrell, P.E., Member South Bend Board of Works 46.ald E. Inks, Member South Bend Board of Works 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. ame: .Jevlrl+��✓�� This Instrument prepared by: Natures Gate H, LLC P.O. Box 229 Granger, In. 46530-0229 ;1 w. C/L BLUE WINGED TRAIL 40'R/W ASPHALT EXISTING 2' CONCRETE CURB 1 t GATE - RIGHT -_OF_ -WAY LINE _ _ 2 (tvP) - TELE PLD i 6" CONCRETE �� 10' DRAINAGE, UTILITY &ROADWAY DRIVEWAY l MAINTENANCE EASEMENT ELEC TRANS ® t ` I N O 3 i 00 cli o C � � M a' 00 I I ARBORVITAE HEDGE f i I M I 6' CHAIN LINK FENCE I BLACK VINYL COATED LIFT STATION , 2" GRAVEL COVER EASEMENT X- I �x ' MANHOLE 29' BUILDING SETBACK LINE CASTING 1 22.5' 26.50 MANHOLE CASTING TO BE SOO' 16' 18"E REPLACED WITH APPROPRIATE LOT 133 HATCr LID AS LISTED FOR o LIFT STATION SPECIFICATIONS o ON JHEET 28. W Z o ¢ � _ � O W W W (n Z W O J lf7 F- r � I EXHIBIT A AUGUSTINE LAKE SECTION ONE LOT 133 LIFT STATION MAINTENANCE EASEWNT Long, Feeney & Ass>c1s s, IY .110- Land Surveyors, Construction Engineers Sc Soil Scientists 715 South Michigan Street South Bend, Indiana 46601 Phone 574-233-1841 Fax 574-674-0374 File Nome Drawn By Scale AugustineLakeLiftSto JMS I„ = 10 08 1 —=9t52-7 Property Address BLUE WINGED TRAIL Sourii BEND, IN. TAX KEY No. 21-1038-061955 SANITARY SEWER LIFT STATION UTILITY AND ACCESS EASEMENT 06/11/2008 01:38:26PM TERRT J. RETHLAKE ST. JOSEPH COUNTY RECORDER REG FEE: $17.00 PAGES: 3 This Easement Agreement is made by and between Natures Gate H, LLC (hereinafter referred to as Grantor), its successors and assigns and The City of South Bend, Indiana by its Board of Public Works (hereinafter referred to as Grantee), its successors and assigns and is entered into this 4f_ day of �2008. WHEREAS, GRANTOR is the owner of the following described real estate by virtue of a Warranty Deed from Ronald E. and Marcia Koelndorfer to Natures Gate H, LLC, recorded as instrument number 0548271 in the office of the Recorder of St. Joseph County, Indiana and subsequently re -recorded as instrument number 0630472 and as instrument number 0652073 in said Recorder's office. Said land was further subdivided and platted and is specifically described as follows: Lot 133 as the same is shown and designated on the plat of Augustine Lake Section One, recorded as instrument number 0649828 in the office of the Recorder of St. Joseph County, Indiana. AND WHEREAS, GRANTOR expects that certain improvements will be or have been constructed along, over, across and under Grantor's lands that are necessary to the continuous and efficient operation of sanitary sewer improvements within the limits of lands owned and controlled by Grantor Now THEREFORE, GRANTOR grants unto GRANTEE, its successors and assigns, an easement for egress and ingress along with an easement for the construction, operation and maintenance of a sanitary sewer and its appurtenant structures, both of which are along, over, across and under a parcel of land being more particularly described as: A parcel of land being a part of the Southeast Quarter of Section 23, Township 38 North, Range 1 East, Warren Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Southwest corner of Lot 133 as shown on the recorded plat of Augustine Lake Section One in the Office of the Recorder of St. Joseph County, Indiana as Instrument No. 0649828; thence South 00°16'18" East, a distance of 26.50 feet; thence North 89°43'42" East, a distance of 36.00 feet; thence South 00°16'18" East, a distance of 26.50 feet to a point on the south line of said Lot 133; thence South 89°43'42" West along said line, a distance of 36.00 feet to the point of beginning. As shown graphically on Attached "Exhibit `A"' The purpose of this easement is for access to and maintenance of the sanitary sewer lift station in the Augustine Lake subdivision. NOW THEREFORE, IN WITNESS WHEREOF comes Dennis D. Miller, in his capacity as Member of Natures Gate II, LLC to execute and create this "Sanitary Sewer Lift Station Utility and Access Easement" for, and on behalf of, said Corporation. GD8 1 19E;27 RECORDED AS PRESENTED ON 06/11/2008 01:38:26PM TERRI J. RETHLAHE JOSEPH Property Address ST RECORDER©LINTY BLUE WINGED TRAIL REC FEE: $17. 00 SOUTH BEND, IN. PAGES: 3 TAx KEY No. 21-1038-061955 SANITARY SEWER LIFT STATION UTILITY AND ACCESS EASEMENT This Easement Agreement is made by and between Natures Gate 11, LLC (hereinafter referred to as Grantor), its successors and assigns and The City of South Bend, Indiana by its Board of Public Words (hereinafter referred to as Grantee), its successors and assigns and is entered into this �� day of -ter- ,2008. WHEREAS, GRANTOR is the owner of the following described real estate by virtue of a Warranty Deed from Ronald E. and Marcia Koelndorfer to Natures Gate II, LLC, recorded as instrument number 0548271 in the office of the Recorder of St. Joseph County, Indiana and subsequently re -recorded as instrument number 0630472 and as instrument number 0652073 in said Recorder's office. Said land was further subdivided and platted and is specifically described as follows: Lot 133 as the same is shown and designated on the plat of Augustine Lake Section One, recorded as instrument number 0649828 in the office of the Recorder of St. Joseph County, Indiana. AND WHEREAS, GRANTOR expects that certain improvements will be or have been constructed along, over, across and under Grantor's lands that are necessary to the continuous and efficient operation of sanitary sewer improvements within the limits of lands owned and controlled by Grantor Now THEREFORE, GRANTOR grants unto GRANTEE, its successors and assigns, an easement for egress and ingress along with an easement for the construction, operation and maintenance of a sanitary sewer and its appurtenant structures, both of which are along, over, across and under a parcel of land being more particularly described as: A parcel of land being a part of the Southeast Quarter of Section 23, Township 38 North, Range 1 East, Warren Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Southwest corner of Lot 133 as shown on the recorded plat of Augustine Lake Section One in the Office of the Recorder of St. Joseph County, Indiana as Instrument No. 0649828; thence South 00°16'18" East, a distance of 26.50 feet; thence North 89°43'42" East, a distance of 36.00 feet; thence South 00016' 18" East, a distance of 26.50 feet to a point on the south line of said Lot 133; thence South 89'43142" West along said line, a distance of 36.00 feet to the point of beginning. As shown graphically on Attached "Exhibit `A"' The purpose of this easement is for access to and maintenance of the sanitary sewer lift station in the Augustine Lake subdivision. NOW THEREFORE, IN WITNESS WHEREOF comes Dennis D. Miller, in his capacity as Member of Natures Gate II, LLC to execute and create this "Sanitary Sewer Lift Station Utility and Access Easement" for, and on behalf of, said Corporation. Dennis D. Miller, Member Natures Gate IT, LLC P.O. Box 229 Granger, In. 46530-0229 State of Indiana SS: County of St. Joseph Before me, the undersigned notary public, in and for said county and state, personally appeared Dennis D. Miller, as Member of Natures Gate II, LLC and acknowledged the execution of the foregoing instrument for and on behalf of said corporation as its voluntary act and deed for the uses and purposes therein set forth. Witness ^my hand and Notorial Sea] this .,5tk day of 2008. / x1 Public Notary is a resident of St. Joseph County, Indiana My commission expires day of , LORI A. BROWN St. Joseph County LEz..", My Commission Expires December 20, 2014 Accepted by the Board of Public Works for and on behalf of the City of South Bend, Indiana. Gary A. Gilot, P.E., Member South Bend Board of Works Z: � C� 6" , Carl P. Littrell, P.E., Member South Bend Board of Works Wald E. Inks, Member South Bend Board of Works 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. r' r Name: !/ This Instrument prepared by: Natures Gate H, LLC P.O. Box 229 Granger, In. 46530-0229 C/L BLUE WINGED TRAIL 4-0'R/W ASPHALT EXISTING 2' CONCRETE CURB — ------ AGA E-- RIGHT-OF-WAY LINE _ 00 16' 18"W 26.50 _ 2 (tyP) TELE PED � .x 6" CONCRETE DRIVEWAY � 70' DRAINAGE, UTILITY & ROADWAY MAINTENANCE EASEMENT CD ELEC TRANS ® ¢ I � N 1 00 �Q 00 ARBORVITAE HEDGE LIFT STATION EASEMENT Ln 6' CHAIN LINK FENCE '~' 2" GRAVEL I COVER M I BLACK VINYL COATED I j MANHOLE CASTING _ I 22.5' —xJ i 26.50 MANHOLE CASTING TO BE SOO' 16' 18" E REPLY CED WITH APPROPRIATE HATCr LID AS LISTED FOR LIFT STATION SPECIFICATIONS ON JHEET 28. o < r w I w � � w N I4 z w � � 0 I ) a I EXHIBIT A AUGUSTINE LAKE SECTION ONE LOT 1 J ' LIFT STATION MAINTENANCE EASEMENT 29' BUILDING SETBACK LINE LOT IJ3 Lang, Feeney & Associates, Inc. Land Surveyors, Construction Engineers & Soil Scientists 715 South Michigan Street South Bend, Indiana 46601 Phone 574-233-1841 Fax 574-674-0374 File Name Drawn By Scale AuqustineLakeLiftSta I JMS 1" = 10'