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HomeMy WebLinkAbout#1417- Deed; GRANT OF EASEMENT 1st NorthSouth alley West of Frankin running off the North side of IndianaGRANT OF EASEMENT - MARTIN MACHINE CO. 1st North/South Alley West of Franklin running off the North side of Indiana -0iyi7 GRANT OF EASEMENT Grant of Easement made and entered into this 29th day of December, 1987, by and between the City of South Bend, a municipal corporation of the State of Indiana, (hereinafter referred to as "Grantor") and Martin Machine Co., Inc., a duly organized corporation of the State of Indiana, (hereinafter referred to as "Grantee"). W I T N E S S E T H: Grantee is the owner of a parcel of property in St. Joseph County, City of South Bend, Indiana, described as lot two (2) as shown on the Recorded Plat of Stull`s Fourth Edition to the City of South Bend, Indiana, together with the fourteen (14) foot vacated alley lying west of and adjacent to said lot (parcel A). The Grantor is the owner of a fourteen (14) foot wide alley, being the first north --south alley west of Franklin Street running from the north side of Indiana Avenue, which alley turns in a northwesterly direction and adjoins a fourteen (14) foot alley running east and west parallel to Indiana Avenue (parcel B). PPPPP In consideration of the sum of One Dollar ($1.00) cash in hand paid and other valuable consideration, receipt of which being hereby acknowledged, Grantor hereby grants to Grantee a permanent easement for the purpose of allowing the existence operation and maintenance of a certain building and certain asphalt and concrete parking lots, driveways and other struc- tural appurtenances on the Parcel B property, with the legal description of such easement being attached hereto as Exhibit "A" and the easement being depicted on the land survey which is attached hereto as Exhibit "B" and which was prepared by Lang, Fenney and Associates, Inc., dated August 3, 1987, and revised December 22, 1987. This easement shall be in effect so long as the existing structure and structural appurtenances remain on parcel B and includes the right of Grantee to replace such building, concrete or asphalt or other permanent appurtenances on the parcel B property as necessary and to maintain and repair the same. It is a condition of this easement, however, that if the building and all other structural appurtenances are ever relocated so that none of them are on the easement, this easement shall automatically and without further action of the parties terminate and expire. This easement shall bind, and endure to the benefit of the parties hereto, their respective successors in title, and their successors in interests and assigns. IN WITNESS WHEREOF, the Grantor sets its hand and seals this 29th day of December, 1987. Date: 11�- '-'1-1-n Attest: STATE OF INDIANA ) COUNTY OF ST. JOSEPH ) CITY OF SOUTH BEND by its BOARD OF PUBLIC WORKS Before me, the undersigned, a Notary Public for said county, personally appeared `IUyN c. Lcswylysi�l' AUJ-) 1))/Cy FL_ , I/ A (-C known to me and constituting the Board of Public Works, of the City of South Bend, Indiana, who acknowledged the execution of the foregoing instrument as their free act and deed this 29th day of December 1987. 5ANjy,A M. pArpi6k1.6c-C- Notary Public, Residing in St. Joseph County, IN My Commission Expires: This instrument was prepared by Bruce R. Bancroft, Attorney at Law. -3- ■ LANG, FEENEY and ASSOCIATES, INC. LAND SURVEYING — ENGINEERING 71.5 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46618 TELEPHONE 219/233-1841 WILLIAM 1). LANG, PRES JOHN 13. FEENEY. l..s. SUB -DIVISIONS TERANC E D. LANG, L.S, 13OUNDARY SURVEYS GEc)RGF J. MITCHELL, L.S. TOPOGRAPHIC SURVEYS CONSTRUCTION SURVEYS Descrintion: A parcel of land being a part of the Northeast 0uarter of Section 14, Township S7 North. RanaP 2 East. Portage. Township. St. Joseph Count,,,. Indianaand beinu more particularly described as follows: Commencinq at the Southeast corner of Lot 2 Stu II,s Fourth Addition to the City of South Bend as shoG:n on the recorded plat in the Office of the Recorder of St. Joseph County. thence West along the South line of said Lot L. a distance of 12.0 feet to the place of beginninq for this description; thence North, a distance of 110.1 feet: thence East, a distance of 12.0 feet to the East Iine of said Lot 4; thence North along said East line to the intersection of said East line with the Southwesterly riqht-of-way line of the Penn Central Railroad; thence Northwesterly alone said Southwesterly right-of-way line to the interjection of said Southwesterly right-of-wav line and the North right-of-wav line of the first East -Wept public 14 foot alle,;: thence West alone said North claht-of-way line, approximately 11 feet to the West edge of an asphalt drive; thence South. a distance of 14.0 feet to the South right-of-wav line of said East-West alley; thence East alonq said South right-of-way line to a point 14.0 feet West of the East right-of-wav line of the now vacated North -South alley: thence Southeasterly 25.5 feet to a point on said East ricaht-of-way line being 17 feet South of said South right -of -day line: thence North alone; said East right-of-wav line of the now vacated North -South alley to its intersection with the Southwesterly right-of-way line of a 14 foot alley (measured perpendicular to the Penn Central Railroad): thence Southeasterly along said Southwesterly right-of-way line to a point of intersection with a line which is 14 feet West and measured Perpendicular to the East line of said Lot 2: thence South Parallel with the East line of said Lot 2 to a point 2 feet West of the place of beainnina said point also being on the South line of said Lot 2; thence East alonq said South line. a distance of 2 feet to the place of beglnninq. EXHIBIT "A" CITY of SOUTH BEND JOSEPH E. KERNAN, MAYOR COUNTY CITY BUILDING fiC?UEM BEND INDIANA 46601 BOARD OF PUBLIC WORKS .lO Rn E. i osze;ynsk,. Pfssidanl ;,;nvra E �eGerca K,-Ih enO2 I+.0 mphr r�s MR. BRUCE R. BANCROFT ATTORNEY AT LAW BARNES & THORNBURG 100 North Michigan Street South Bend, Indiana 46601 a January 25, 1988 RE: GRANT OF EASEMENT - MARTIN MACHINE COMPANY, INC. Dear Mr. Bancroft: 219/284-9412 Attached for your information and file is a "recorded" copy of the Grant of Easement as it relates to Martin Machine Company, Inc. If I can be of any further assistance to you regarding this matter, please do not hesitate to contact this office. Sincerely, BOARD OF PUBLIC WORKS Sandra M. Parmerlee, Clerk snip Enc. CY `' F H L Cvlr i U Iti'rP15faY __f % 0- ,C- nxing MR GRANT OF ' EASEMENTS":;'�,�r Grant of Easement made and entered into this 29th day of December, 1987, by and between the City of South Bend, a municipal corporation of the State of Indiana, (hereinafter referred to as "Grantor") and Martin Machine Co., Inc., a duly organized corporation of the State of Indiana, (hereinafter referred to as "Grantee"). W I T N E S S E T H: Grantee is the owner of a parcel of property in St. Joseph County, City of South Bend, Indiana, described as lot two (2) as shown on the Recorded Flat of Stull's Fourth Edition to the City of South Bend, Indiana, together with the fourteen (14) foot vacated alley lying west of and adjacent to said lot (parcel A). The Grantor is the owner of a fourteen (14) foot wide alley, being the first north -south alley west of Franklin Street running from the north side of Indiana Avenue, which alley turns in a northwesterly direction and adjoins a fourteen (14) foot alley running east and west parallel to Tndiana Avenue (parcel B). DULY ENTERED FOR TAXATION BEVERLY D. CfZONE Am I OIL ST. JOSEf'H CO. INDIANA In consideration of the sum of One Dollar ($1.00) cash in hand paid and other valuable consideration, receipt of which being hereby acknowledged, Grantor hereby grants to Grantee a permanent easement for the purpose of allowing the existence operation and maintenance of a certain building and certain asphalt and concrete parking lots, driveways and other struc- tural appurtenances on the Parcel B property, with the legal description of such easement being attached hereto as Exhibit "A" and the easement being depicted on the land survey which is attached hereto as Exhibit "B" and which was prepared by Lang, Fenney and Associates, Inc., dated August 3, 1987, and revised December 22, 1987. This easement shall be in effect so long as the existing structure and structural appurtenances remain on parcel B and includes the right of Grantee to replace such building, concrete or asphalt or other permanent appurtenances on the parcel B property as necessary and to maintain and repair the same. It is a condition of this easement, however, that if the building and all other structural appurtenances are ever relocated so that none of them are on the easement, this easement shall automatically and without further action of the parties terminate and expire. This easement shall bind, and endure to the benefit of the parties hereto, their respective successors in title, and their successors in interests and assigns. -2- IN WITNESS WHEREOF, the Grantor sets its hand and this 29th day of December, 1987. Date: /a -d9-.0119 Attest: STATE OF INDIANA ) COUNTY OF ST. JOSEPH ) CITY OF SOUTH BEND by its BOARD OF PUBLIC WORKS -A A � - Az" 1p Before me, the undersigned, a Notary Public for said county, personally appeared ZaL// C. � 5ZCZy/l(jA� /-�AQ 11 OHAE f L. VPrJCE _ , known to me and constituting the Board of Public Works, of the City of South Bend, Indiana, who acknowledged the execution of the .foregoing instrument as their free act and deed this 29th day of December 1987. ,:My. Comiffi.� n Expires: Notary Public, Residing in St. Joseph County, IN This instrument was prepared by Bruce R. Bancroft, Attorney at Law. -3- LANG, FEENEY and ASSOCIATES, INC. LAND SURVEYING — ENGINEERING 715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46618 TELEPHONE 219/233-1841 WILLIAM D. LANG, PRES. JOHN B, FEENEY, L.S. TERANCE D. LANG. L.S. GEORGE J. MITCHELL. L.S. Description: SUB -DIVISIONS BOUNDARY SURVEYS TOPOGRAPHIC SURVEYS CONSTRUCTION SURVEYS A parcel of land being a part of the Hortheast Quarter of Sect i on 14. Townsh i p 37 [lorth . P.ancae 2 East . Por t aoe Township. St. Joseph County. Indiana and heInc; more Dar tIcuIarly described as follows: Commencinq at the Southeast corner of Lot 2 Stu II's Fourth Addition to the City of South Bend as sho�.n on the recorded plat in the Office of the Recorder- of St. Joseph Countv. thence West alone the South line of said Lot L. a distance of 12.0 feet to the place of beglnnlncl for this description: thence North, a distance of 110.1 feet: thence East, a distance of 12.0 feet to the East line of said Lot 2; thence North along said East line to the Intersection of said East line with the Southwesterly right-of-way line of the Penn Central Railroad: thence North%•:ester1v a1oncr said Southwesterlv right-of-way line to the intersection of said Southwesterly right-of-wav line and the North right-of-wa,,, line of the first East-West public 14 foot alley; thence West alone said North riaht-of-way line, aQproximately 11 feet to the West edge of an asphalt drive; thence South. a distance of 14.0 feet to the South right-of-wav line of said East-West alley; thence East alonq said South riclht-of-wav line to a point 14.0 feet West of the East right-of-wav line of the now vacated North -South alley: thence Southeasterly 25.5 feet to a point on said East right-of-way line being 17 feet South of said South right-of-way line: thence Horth along said East riclht-of-wav line of the now vacated North -South alley to its interjection with the Southwesterlv right-of-way line of a 14 foot alley (measured perpendicular to the Penn Central Railroad); thence Southeasterly along said Southwesterly right-of-way line to a point of intersection with a line which is 14 feet West and measured perpendicular to the East line of said Lot 2: thence South Parallel with the East line of said Lot 2 to a point 2 feet West of the place of beoinnina said point also beina on the South line of said Lot 2; thence East along said South line. a distance of 2 feet to the place of becginninq. EXHIBIT "A" 14' ALLEY BOUNDARY Part of the Northeast Quarter Of Se Portage Township, St. Joseph Count cti0n I Y ' rndiara. SURVEY Range 2 Fast Lots numbered 2� 4, 5, and 6 as shown the City of South Bend along with a on tte recorded Plat of Stull' v-i, d1°Cent vacated alley. s Asphal t N / Encroachmen \ Asphalt \ Encro0C i Ln Lit Uj 4 (n L Q LL Township 37 North , N 4 th Addition to LAND SJRvFy0R'S CFRr1FIC.�H: �_ 1, J. F;ernardFePnny, hnrr-by c�r1i;,� that tnP 'a,vs Ash S:a#P o` Indiana; That this) t ! ar by me on 3 plat corn accurately a1~d tom`_-1987; that tho !oca at the monurna,n,'s vjiii bn Suhdfvlsror; Ordinance of St. Josaw; Co: n iy, I nc is L EGEN p a Iron set AK nail set Deed Record 344, pg 547 recorded 1212214,. SURVEY Northeast Quarter of Section 14 , Township 37 North , Range 2 East, nshlp, St. Joseph County , Indiana, ed 2, 4, 5, and 6 as shown on the recorded Plat of Stull's 4th Addition to South Bend along with adjacent vacated alley, sphaJt � ncroachm rs \ 153.5' (m.) z LL LAND S U RVFYOR' S CERTIFICATE: 11 J. Fprnard FeQnAy, hereby cprti y that[ am a Land Surveyor, licensed in co,ulia icp';<<;�?� the laws of State of Indiana; that this plat correctly represents a survey completed or certified the by mP on _3 1987; that the location, size, type a,I_{ mainria' of a,' mon'jrne i :� are accurately sh- h, and that the monuments will by installed in accordance with the provisions of the Subdivdsion Ordinance of St. Jospp.,� County, Indiana, . �e rna rd FPen Py - - �% --- Registered La Ind Surveyor No. S �9 State of I ndia n a LEGEND ❑ Iron set O PK nail set CND cC �1 E i - 30 0 3 +. Asphalt Encroach men 1 1 •PO TT rT ' 129.35' � tD AspNa I t ` Enc(oachm t ' _ L L_1 Concrete QZ ... tri ch One Story I 0 .Building J U C U a N :l s CO u] CV cc GPI C, ao ,c 1NDIANA 165, 35 ` AVENUE Deed Record 344 , Pg. 547 recorded 12122141. 60' r1w EXHIBIT "B" LEGEND 1 ron 5e t 0 PK nail set ,pralt `�cEoocMn � 1 %S O^ 'A N, v j Q � CD OI V) N 1 � II —t' ' I L- Deed Record 344, pg. 547 l recorded 12122141. a '4, 60 1 r1w t �LI � LU .CO F _ i z i Q LL EXHIBIT "B" LEGEND ❑ Iron set o PK noil set Staba or' lniiana SCALE 1 " - 30 ro �� 45 6 c