HomeMy WebLinkAbout#1247- Deed; NON-ACCESS EASEMENT from Trebor to City of South Bend - Part of the N. E. Quarter of Sec. 4, Twp. 37 N., Range 2 E., St. Joseph Co. - (RE, TO CONTROL ACCESS TO BENDIX DR., LaSALLE SQUARE SHOPPING CENTER)NON -ACCESS EASEMENT from Trebor to
City of South Beni, - Part of the
N.E. Quarter of Sec. 4, Twp. 37 N.
Range 2 E., St. Joseph Co. -
(RI: TO CW TROL ACCESS TO BENDIX
D_.. - LaSALLE SQUARE SHOPPING CENTER)
(SEL EASEMENT)
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NON -ACCESS EASEMENT
Trebor, an Indiana Limited Partnership, of St. Joseph
County, Indiana (hereinafter called "Grantor") hereby grants and
conveys to the Civil City of South Bend, Indiana, a municipal
corporation (hereinafter called "Grantee")for and in considera-
tion of One ($1.00) Dollar and other valuable consideration, the
receipt of which is hereby acknowledged, a permanent, exclusive
easement for the following purposes:
1. To control access from the Grantor's real
estate to Bendix Drive; and
2. To prohibit the Grantor, its successors
and assigns, from obtaining access onto
Bendix Drive without the permission of
the Grantee.
Said permanent exclusive easement shall be on and along
a strip of land situated in the City of South Bend, St. Joseph
County, Indiana, more particularly described in Exhibit "A"
attached hereto and incorporated by reference herein.
Grantor, except as herein granted, shall continue to have
the full use and enjoyment of the herein described real estate.
Grantee shall indemnify and shall hold Grantor harmless
from any claim of damages to person or premises resulting from
the use of the above -described property for the purposes set forth
herein.
DATED this day of 1980.
TREBOR, an Indiana Limited Partnership
TT -Robert
aggi Jit'. , I eNal Partner
ACCEPTED this j A&O- day of , 198NI-J
o p CITY OF SOUTH BEND, BOARD OF WORKS
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STATE OF INDIANA }
ST. JOSEPH COUNTY )
SS:
Before me, a Notary Public in and for said County and
State, personally appeared Robert A. Yaggi Jr., known to me to
be the General Partner of Trebor, an Indiana Limited Partnership,
who acknowledged the execution of the foregoing Non -Access Ease-
ment for and on behalf of such Limited Partnership.
WITNESS my hand and seal this day of�'� "( ,
1980.
My Commission Expires:
December 25, 1983
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
i nne ontgomeN ry Public
Residing in St. Joseph Go nty,
Before me, a Notary Public in and for said County and
State, personally appeared
and Joseph E. Kernan
Patrick 11. McMahon, Richard L. Hill
, known to be members of the
Board of Works of the City of South Bend, who acknowledged the
execution of the foregoing Non -Access Easement for and on behalf
of the City of South Bend.
WINTESS my hand and seal this 3rd day of March
1980.
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My Commission Expires: IZi'tty L . all Notary Public
June 6, 1983 Residing in St. Joseph County, IN
Part of the 1,1ortheast Quarter of Section 4, Township 37 North, Range
2 East, St. Joseph County, Indiana; more particularly described as
follows: Commencing at the Southeast corner of the said Northeast
Quarter; thence North 00000'00" East, 11.80 feet to a point; thence
North 89°19'44" West, 60.00 feet to the Northwest intersection of the
rights -of -way of Bendix Drive and Prast Boulevard, said rights of
public access and thoroughfare being dedicated in Plat Book No. 13,
pages 68 and 69 in the Office of the Recorder of St. Joseph County,
In(:iana; thence North 00°00'00" East along the said 1•7esterly right--
of-i-:ay of Dendix Drive, 638.00 feet to the POI T OF BEGINNING of this
descrirtior.; thence South 90100'00" West, one (1) foot to a point;
thence :forth 00°00'00" East, 121.90 feet to a point; thence North
90000' 00" East, one (1) foot to a point on the said right--of--way of
�;enc'..i:•: Drive; thence South 00000' 00" ?,'7est, along said right-of-way,
121.90 feet to the POINT OF
EXHIBIT "A"
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