HomeMy WebLinkAbout#1052- Deed; Permanent Easement - O' Brien Corp. Corrects Easement dated 2.24.75eg ,nning at a, point 4 " west of
the `N.E. corner of Lot 30 in College
Grove Add., thence N. on a line
parallel to the L. line of Lot 30
a,distnce of 10.00`; thence E.
on a Line parallel with the N.
lines of Lots 29 and 30 a distance
of 105.00'7 thence S. on a line
parallel to the W. Lot Line of
Lot 29 a distance of 10.00' to a point
on the N. line of Lot 29, said point
bung 37.00' east of the N.W. corner
of Lot. 29, extended across vacated
Johnson Street, and the N. line of
Lot 30, a distance of 105.00''to
the point of beginning and contain-
ing 0.026 ,acres, more or less
BOOK 803 54
kSEMENT
In considerat on of the sum of One Dollar ($1.00) cash
in hand paid and other I aluable consideration, receipt of which is
hereby acknowledged, th City of South Bend, a municipal corporati
of the State of Indiana, hereby grants unto The O'Brien Corporatic
a permanent easement hereinafter described, which is located
within the boundaries of i a tract or parcel of land situated in
College Grove Addition, (being a part of the northeast quarter of
Section 10, Twp- 37 North, Range 2 East in the City of South Bend,
St, Joseph County, India iia, and described as follows:
Beginning at a point 4-1/2 feet west of the Northeast
Corner of Lot 30 in College Grove Addition; thence
North on a line parallel to the East line of Lot .30
a distance of �10.00 feet; thence East on a line
parallel with the North lines of Lots 29 and 30 a
distance of 105 00 feet; thence South on a line
parallel to th�*West Lot line of Lot 29 a distance
of 10.00 feet to a point on the North line of Lot 29,
said point bei 9 37.00 feet cast of the Northwest
Corner of Lot -9; thence West on and along the North
line of Lot 29, extended across vacated Johnson Street,
and the North line of Lot 30, a distance of 105.00
feet to the point of beginning and containing 0.026
Acres, more or less,
to have and to hold the said easement unto The O'Brien Corporation
and unto Its successors
And the said G
assigns forever.
for hereby covenants with The O'Brien
n
M
Corporation, that said t1act of land is a part of a public street
in the City of South Beni described as Orange Street, that it is
lawfully seized and poss?Rsed of the aforesaid tract or parcel of
land; that it has a good and lawful right to, convey; that it Is free
from all encumbrances; aid that It will warrant and forever defend
the title In quiet posse lion thereto against the lawful claims of
all persons whomsoever.
And as a furthbr consideration for the payment of the
purchase price above s
for damage, from whatev
of the rights herein gr,
ed, the Grantor hereby releases all c.L-,).jms
cause, Incidental to the exercise of any
kited to this date.
It
is understood and agreed by the Parties hereto, that
wherever in the fOreg i
instrument the singular number is used,
it will be read as Plur 1, if and when necessary, and that wherever,
words of neuter gender re employed, they will likewise apply tc
the masculine gender, whenever the contract requires.
This instrument is a corrective easement for an instrument
dated February 24, 1975 between the parties hereto, which easement
was recorded in Book 79E at Page 181 In the Office of the Recorder
Of St. Joseph County.
IN WITNESS WHIREOF the parties have hereunto set their
hands and seal this � o dav of �1 -
ATTEST:
I Z—D' a De-lereq
Clerk of the Board of
Public Works
1975.
CITY OF SOUTH BEND,
INDIANA by its
BOARD OF PUBLIC WORKS
'A
ST. JOSEPH COUNTY)
) STATE OF INDIANA ) SS:
Before me, a lotary Public, in and for said County and
State, personally appeared Rollin E. Farrand James R.—alitz
and James v- pn-rqome
known to me and constituting the Board of Public Works, City of
South Bend, Indiana, who acknowledged the execution of the above
and foregoing instrument as their free act and deed this lath
day of June 1975.
AY Commission expires:
1979
January 22, L
WO-Ea-ry Public
David A. Wells
This instrument was prepared by Robert M. Parker, Attorney,,
it will be read as plur
words of neuter gender
the masculine gender, v
This instrum(
ver the
t is a corrective easement for an
dated February 24, 1975 between the parties hereto, which easement
was recorded, in Book 79 at Page 181 in the Office of the Recorder
of St. Joseph County.
IN WITNESS WH REOF the parties have hereunto set their
hands and seal this 1 0 day of 1975
ATTEST:
raDrxcia ueciercq
Clerk of the Board of
Public Works
ST. JOSEPH COUNTY)
) SS:
STATE OF INDIANA )
Before me, a
State, personally appea
c_
r•.
CITY OF SOUTH BEND, INDIANA by its
BOARD OF PUBLIC 14ORKS
otary Public, in and for said County and
ed Rollin E. Farrand James R.j ei z_
known to me and constituting the Board of Public Works, City of
South Bend, Indiana, who acknowledged the execution of the, above
and foregoing instrument as their free act and deed this 30th
day of ,Tune , 1975.
Ay commission expires:
January 22, 1979
W
Notlary Public
David A. Wells
This ,instrument was pre
609 Odd Fellows Bldg.,
ared by Robert M. Parker, Attorney,
oath Bend, Indiana 46601.
now
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purchase price above stated, the Grantor hereby releases all claims
for damage, from whatever cause, incidental to the exercise of any
of the rights herein granted to this date.
Department of Law
South Bend, Indiana
INTER -OFFICE MEMO
Date June 24, 1975
Board of Public Works
Robert M. Parker , ,Chief Deputy City Attorney
O'Brien Corporation Easement.
The attached is a corrective easement to one which was dated
February 24, 1975 to The O'Brien Corp. which deeded them the
right to place and operate their dock in of -way. a part of the righ
Subsequent conversations with Leonard Miller of The O'Brien
Corp. showed that they required an extra 2-1/2 feet for the
operation of their fork lift trucks. This new easement thuE
extends the beginning point from 2 feet west of the northeaE
corner to a distance 4-1/2 feet west of the northeast corner
of Lot 30.
Robert M. Parker
RMP:az
att.
And as a further consideration for the'parmQuu U, uaa�,
purchase price above stai ted, the Grantor hereby releases all ci,l
for damage, from whatever cause, incidental to the exercise of ar
of the rights herein granted to this date.
1
PEHMANENT EASEMENT
In consideration of the sum of One Dollar ($
in hand paid and other valuable consideration, receipt
hereby acknowledged, the City of South Bend, a municip
of the State of Indiana, hereby grants unto The OtBrie
a permanent easement hereinafter described, which is located
within the boundaries of a tract or parcel of land situated in
College Grove Addition, being a part of the northeast quarter of
Section 10, Twp. 37 North, Range 2 East in the City of South Bend,
St- Joseph County, Indiana, and described at, follows. -
Beginning at a point 4-1/2 feet west of the Northeast
Corner of Lot 30 in College Grove Addition; thence
North on a line parallel to the East line of Lot 30
a distance of 10.00 feet; thence East on a line
parallel with the North lines of Lots 29 and 30 a
distance of 105.00 feet; thence South on a line
parallel to the West Lot line of Lot 29 a distance
of 10.00 feet to a point on the North line of Lot 29,
said point being 37.00 feet east of the Northwest
Corner of Lot 29; thence West on and along the North
line of Lot 29, extended across vacated Johnson Street,
and the North line of Lot 30, a distance of 105.00
feet to the point of beginning and containing 0.026
Acres, more or less,
to have and to hold the said easement unto The O'Brien Corporation
and unto its successors and assigns forever.
And the said G : rantor hereby covenants with The O'Brien
Corporation, that said t ' ract of land is a part of a public street
in the City of South Bend described as Orange Street, that it is
lawfully seized and Possessed of the aforesaid tract or parcel of
land; that it has a good and lawful right to convey; that it is free
from all encumbrances; and that it will warrant and forever defend
the title in quiet possession thereto against the lawful claims al'
all Persons whomsoever.,
And as a furth ler consideration for the payment of the
purchase price above stated,
ted, the Grantor hereby releases all claims
for damage, from whateve, r cause, incidental to the exercise of any
of the rights herein gr 'nted to this date.
It Is understood and agreed by the 'parties hereto, that
wherever j)j tile foregoj.ng instrument the singular number is used,
it will be read as plural, if and when necessary, and that wherever
words of neuter gender are employed, they will likewise apply to
the masculine gender, whenever the contract requires.
This Instrument is a corrective, easement for an instrument
dated February 211, 3.975 between the parties hereto, which easement
vias recorded in Book 798 at Page 181 in the Office of the Recorder
"I
of St. Joseph County.
IN WITNESS VHEREOP the parties have hereunto set their
hands and seal this o day of
1975.
CITY OF SOUTH BEND, INDIANA by its
BOARD OF PUBLIC WORKS
ATTEST:
atricia DeCiercq U
Clerk of the Board of
Public Works
ST. JOSEPH COUNTY)
) SS:
STATE OF INDIANA )
Before me, a Notary Public, in and for said County and
State, personally appeared Rollin E. Farrandjanc__p,
and James V. Barcome
knoi�.,n to me and constituting the Board of Public Wor!.,,,r�, City of
South Bend, Indiana, who acknowledged the execution of the above
and foregoing instrument as their free act and deed this 3 0 hh
day of June
1� commission expires:
January 22, 1979
1975.
Nothry Public
David A. Wells
'7
w
This In3trtiment was prep 4red by Robert M. Parker-, Attorney,
609 Odd Fol,lows 131.dg., South Bend, Indiana 116601.