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HomeMy WebLinkAboutRelease of Temporary Easement - Gates & Gates Realty, LLCRELEASE OF TEMPORARY HIGHWAY EASEMENT THIS INDENTURE WITNESSETH, hereby releases its Easement granted by GATES & GATES REALTY, LLC to enter upon and have temporary possession of real estate in St. Joseph County, State of Indiana, as identified in that certain Easement dated November 29, 2005 and recorded January 24, 2006, in the Office of the Recorder of St. Joseph County, Indiana as Instrument Number 0602350. WHEREAS, the Easement is no longer necessary and the City desires to release its Easement. NOW THEREFORE, in consideration of the promises, the undersigned does hereby irrevocably release unto Gates & Gates Realty, LLC, its heirs, administrators, executors, personal representatives, devisees, grantees, successors, and assigns, the Easement described as Instrument Number 0602350 as recorded in the Office of the Recorder of St. Joseph County, Indiana. In witness whereof, the CITY OF SOUTH BEND has caused this Release of Temporary Highway Easement to be duly executed this 21 st day June of 2018. CITY OF SOUTH BEND BOARD OF PUBLIC WOR S Gary A. Gilot, Board President Suzanna Fritzberg, Member James A. Mueller, ember 4DU�n Elizabeth A. Maradik, Member Therese J. Dorau, e or Attest: Li da M. Martin, ClerkL STATE OF ) } SS: COUNTY OF tr. , Jy SE f I! ) Before me, a Notary Public in and for said State and County, personally appeared Gary A. Gilot, who, in his capacity as President of the City of South Bend Board of Public Works, hereby acknowledges the execution of the foregoing Release of Easement to be its voluntary act and deed and who, being duly sworn, stated that any representations contained therein are true. Witness my hand and Notarial Seal this ( day of , 2018. lS a#ure Notary Public Printed Name LINDA M MARTIN Resident of Notary Public- Seal County, I Jana. Stale of Indiana My Commission Ixpi sCommission Expires Jun 28. 2020 This instrument was prepared by CIara McDaniels, Assistant City Attorney, 1200 S County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601, (574) 235-5860. 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. Clara McDaniels. RECORDED AS PRESENTED ON 01/24/22006 08:56:18PPl TERR1 J. RETHI_RKE ST., J OSEPH COUNTY RECORDER RE:C FEE: $19.00 1= GES: 6 Rev. Form T-1 TEMPORARY HIGHWAY EASEMENT GRANT 4123/02 (FOR CONSTRUCTION OF A DRIVEWAY) Project: 104-040 Parcel: 22 Page: I of 3 THIS INDENTURE WITNESSETH, That Gates & Gates Realty, LLC, the Grantor(s), of St. Joseph County, State of Indiana Grantor(s) to the CITY OF SOUTH BEND, INDIANA the Grantee, for and in consideration of pour Hundred and NO/100 Dollars ($400.00) (of which said sum 12Q0.00 represents land improvements acquired and $200.00 represents land temporarily encumbered and damages) and other valuable consideration, the receipt of which is hereby acknowledged, a temporary easement to enter upon and have possession of the Real Estate of the Grantor(s) for the purpose of constructing thereupon a driveway servicing to the Grantor(s) property to and from the highway facility known as Ireland Road and as Project 104-040 which said Real Estate situated in the County of St. Joseph, State of Indiana, and which is more particularly described in the legal description(s) attached hereto as Exhibit "A" and depicted upon the Right of Way Parcel Plat attached hereto as Exhibit "B", both of which exhibits are incorporated herein by reference, which said temporary easement shall be extinguished, become void and revert to the Grantor(s) and/or the Grantor(s) successor(s) in title upon completion of the said Project. Said extinguishment shall be evidenced by a release document, which shall be executed and recorded by the Grantee, at no cost to the Grantor(s). Interests in land acquired by the HGI Landacq Corporation 128 Torrey Pine Drive Brownsburg, IN 46112 I.C. 5-23-7-31 This instrument prepared by: Stephen J. Klineman 8765 Guoin Rd., Ste. D Indianapolis, IN 46268 06€]2350 Project: 104-040 Parcel: 22 Page: 2 of 3 Any and all timber, shrubbery, fences, buildings and any other improvements situated within the area of the temporary easement granted herein shall become the property of the City of South Bend except: The said Grantor(s) acknowledge(s) that all provisions of this grant of temporary easement are as stated and set forth herein and that no verbal agreements or promises exist with respect thereto. This temporary conveyance is subject to any and all easements, conditions and restrictions of record. However, the said Grantor(s), for the purpose of inducing the City of South Bend to accept this grant and to pay the hereinbefore referenced consideration, represent(s) that the Grantor(s)are the owner(s) in fee simple of the Real Estate and that there exist no encumbrances, conditions, restrictions, leases, liens (except current real estate taxes and assessments) of any kind or character which would be inconsistent with the temporary rights granted herein. The undersigned person executing this easement represents and certifies on behalf of the Grantor, that he/she is the Manager of the Grantor and has been fully empowered by the Grantor, to execute and deliver this easement and all other such instruments of transfer; that the Grantor is a Limited Liability Company in good standing in the State of its origin and, where required, in the State where the subject real estate is situated; that the Grantor has full capacity to convey the real estate described; and that all necessary action for the making of this conveyance has been duly taken. 0602350 IN WITNESS WHEREOF, the said Grantor(s) have executed this instrument this �ou��.1G.- , 200,�_. Gates & Gates Realty, LLC Signature LarrL4.0 -t-S �f S Printed Name Aid Title STATE OF W COUNTY OF �i 3 Project: 104-040 Parcel: 22 Page: 3 of 3 BY: A� _ Signature Printed Name and Title SS: Before me, a Notary Public in and for said State and County, personally appeared L afrz kJ 4- CG If S day of the Grantor(s) in the above conveyance, and acknowledged the execution of the same on the date aforesaid to be voluntary act and deed and who, being duly sworn, stated that any representations contained therein are true, Witness my hand and Notarial Seal this day of J , 200 U� Signature Printed Name My Corn it; aps xpires NOWY PUbk, SL J090 C'*M*, IM m 8 I1 , `�:1aw ry �� �� L'` ,CAS •t� County. 0602350