HomeMy WebLinkAbout#1246- Deed; Easement for the SB medical Foundation, inc. to City, NE corner of lot 197 of the original plat of SBEASE1,1ENT FR0,,1 THE
FOUNDATIGN, INC.
BEND - COI,214ENCING
OF LOT 197 OF THE
SOUTH BEND.
S.F. MEDICAL
TO CITY OF SOUTH
AT THE N.E. CORNER
ORIGINAL PLAT OF
(SEE EASEMENT)
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S E E N T A C11 P R L M T!, h 17'
'P'_11S 7\C;J M1ON t . rt;ar3e_ and entered into this 19 th day n? n-ce,er,
-9 7`), by and botwee the South Bend 'Heclical. I'oundaL-ion, Inc. , an
1'Indiana -i County, Indiana,
not-fog--n:rc�tiZ: corporation; n{ St. 7osIndiana,
1 ''iereincifte is desiCinated r�cd7_cal. Foundal-2oii, and the City of SOiii:h
rend of ;t. CSC:;eph County, Indiana, hereinafter ?:noL'in as `'.>ty_
!+;I?E Z.?!� -the Medical Foundation is thr owaner in fee sinnl e- of
the f.ollov.7.iriq described real_ estate situate in St. Joseph County in
the St_a te- of Indiana, "t•o wit:
and. .
Lots 197 and 19,1 as shown on the Recor0ed Plat of
the nr. ia,inal Plat of South Lend, :Indiana;
[-,?iTrREAS, the City currently has ti-,o alleys Cun ninq through
the a `orementloner! real estate i•':1'_ch are- to he the first
such alley lyinq between Lafayette eo-ulev rd and „�a.1, Street, runninr;
Morth and South from the South lime of "lava.rre Ftrcio•t to a point 99`
South, ce scribed as follows,
1 ert,_nni.ncy at the Tlor.. tli::�s"t. corner of Lot 1L07 as
shown on the Pecorded Plat of the Original Plat.
of Sout3Z Benca, Indiana- thence South along the,
West line of Lois 137 and. 18( in said Recorde&
Plat, 99' to the Southwest corner of -the :?orth
one-half (W of_ said Lot 183; thence C''^st 14'
to the Southeast corner of the North one: -half
('�) Of Lot 197 as shown on said. Recorded Plat;
thence, North along the cast 1. i 3io of Lots 197 and
198 in said Recorded Plat, 99' to the Northeast
corner_ of said Lot 19,q• thence East 14' to the
place of beginning;
and the second such alley lying between Navarre Street and T-1a1 i.on
Street running East and 'Oest from the East lino- of Boulevard
to the i�1es L- line of the: North and South alley bete acn Lafayette
Boulevard and Ma-i_n Street wbi-ch is described aE�: fo.11ocvs,
Reoinning at the SauthWeSt corner o.- Lot 196
as shown on the Rccordeer Plat of the Clriainal
Plat_ of South Bend, Indiana- thence Fast alone
the South line of said Lot 19G, 165' to the
Southeast, corner of said Lnt; thence South 1.4'
to the Nfortheast corner_ of Lot 195 as shown on
said. Recorc3ed Plat, thence a.lonq th-:, N 0 r t- _3
�j,�;(��8',",0�j 03 1J
line of said Lat 195, 165' to the T•iorthwest 'Fr,rio�jI
corner of. sairl Lot 195; thoncee Morth 3_71' to thy'-'(
rnlace of beginr??_ncj;
Odd !1j V 1� 9 93A
P � .,'�iUti�`!i
c-znO
WHEREAS, -the City a.s in need of an ea.sersvent for ingre-ss a.nC.
egress as a result of
the aforemention,�cl allcly vacation.
N07q THEREFORE, in consideraL-Ion of the r�t^tual promises crrantecl
and benefits received throz1c.0-1 the execution of this; Acrreement, it
is Mutually covenanted, .:,tinulated an,0 agreed by and ;ae.tween the
parties hereto as follows:
1. That the Medical roundatio.r_ herebv crrants to the C'.J_tv a
easement For incrress and ecrress over a parcel of land described
as :follows,
Commencing at the Northeast corner of Lot 197
of the Or.iainal Plat of South Rend? thence South
along the East line of said Lot 197 a distance
of 45' to the true point o` beginning, thence 1-rest
along a line parallel. to the North line of said
Lot a distance of 165' to a Point on thc: T-lnst line
of said Lot 197; thence South a distance of .14'
aloncr the West line of said Lot; thence Ras t
alon,j a line parallel to the North line of said
Lot a distance of 154'; thence Southeasterly a
distance of 13.04' more or less to -the Sout?zeast
corner of said Lot; thence North a.l.nn.c_r the L1es t
line ofsaid T,ot a distance of 21' to the 7Doin�
of becrinning.
2. That the City hereby accepts such easement .From the Ned.i.ca]_
Foundation.
3. That the City hereby grants unto the Medical Foundation an
easement, For ingress and egress over the narcel of land described!
in Paragraph ]_ above.
4. That the Medical Foundation hereby accents the easement
granted by thc. City in Paragraph 3 above.
5. That it is -further understood and agreed that the said
easement described above is to be held by the representative grantees
anO, their successors and assigns as ap-purtenant to the, 7_anc7 owned by
the Medical Founder tion.
G. That all easements granted by the ?parties hereto shall
automatically terminate at such time when all real estate contained
in the block i%rhich is }pounder! by tdavarre Street on the r,Tor_th, Main
Street on the East, Marion Street on the south, and Lafayette
)n the tlest in the City of South Bend, St. ,7osePh County,
Indiana becomes titled in the name of the South lend. Neddcal
Foundation, Inc. or its successors and/or the Mar-m_-. n Corporation
or .its successors.
7. That notwithstanding the terms and concH t-ions Of the
Previous i-Darac?raph for automatic termination of the easement herein
granted the City, the City agrees to execute a recordable release
of all easements granted under this agreement, or any such other
documents, in order to remove any and all easements granted herein
or possible clouds on the title of the lands effected by the afore-
said easement.
8. That this agreement is the final and complete embodiment of
all agreements between the parties hereto and shall not be modified
or revoked other than by compliance with the terms expressed herein
or by written agreement executed by all parties hereto.
IN PIITjNESS TIHEREOF, said narti cis have hereunto set their_ hands
and seals the day and year first alcove tiaritten.
(SEAL)
ATTEST:
Robert D. Dodd. Mi. D.
Secretary -Treasurer
STATE Or INDIANA )
) SS.
ST_ . JOSE'L H COUNTY )
SOUTH BEND MEDICAL FOUNDATION, TNC.
f
By
ecn - �7 , F-1 . D . Pr. es? ent
Before me, the undersigned, a Notary Public in and for said
County and State, personally appeared the within named Robert P1.
Sweeney, M.D., President and Robert n. Dodd, M.D., Secretary -
Treasurer to me known to be such President and Secretary ---Treasurer
of saic-! Corporation and acknowleclqec the execution of the forecioi,nc Agreement for and of behalf o, ..
1�73
sc7..ir. Corno.rZtion a,1d h
.y its authority.
day and Dlotaa-icil Seal this 19th city of necer�her,
1979.
i
rIY CO'tT171;. ss lon EXT]i-res :
_____ Septc�mber 7, I980
(SEAL)
T�y:
ATTEST-
P�ti�ia a;
.STATE OF INDIANA )
) SS:
S7'. JOSEPH COUNTY )
JaVIE;- Enyeart
NoPubli.c. s 1-uznc� in st-
JoCounty , Indiana
CITY OF SOUTH BEND, INDIAN1-'.•
Before me, the undersigned, a NO terry Public in and :for said
rn• RI dho rJ
County and State, personally appeared the within. named Patrick M.
McMahon, Thomas J. Brunner ancl Peter H. Mullen
r
to me known to be such members of _and the Board of Public
Works
of said Corporation anti acknowl -c1ged the ea_ecuLion of the iorecxoinc7
Agreement for and on behalf o:E said. Corporation and by* its authority.
'WITNESS, my hand and notarial Seal this 31s day of December
r;
1979.
7�
David A. Wells
Notary Public, Residi.nr, in St.
Joseph County, Indiana
My Colm�Ti.saion Expires:
January 22, 1983
This instrument was prepared by Eclwarc'. N. Kalamaros & Associjtes, P.C.,
11th Floor Tower Building, South Send, -Indiana-4,6603. who realle
�st aE
the St. Joseph County Recorder that this Agreement- be returned to it
after nrooer_ recordation.