Loading...
HomeMy WebLinkAbout#1567- Deed; GRANT OF EASEMENT Original plat of the town now as City of South Bend. Located at the northeast corner of Main, Wayne prt 2f! I.5 (i `7 GRANT 0 EASEMENT Lot 289,290, and 291 as shown on the original plat of the town, now City of South Bend. Located at teh Northeast corner of Main Street at the intersection with Wayne Street. J> GRANT OF EASEMENT ` D day of June, 92, T THIS GRANT OF EASEMENT is made thisd _= by the City of South Bend, Indiana, a municipal corporation, "y and through its Board of Public Works (the "Grantor") in favor o National Autopark, Inc., an Indiana corporation, its successors and assigns (the "Grantee"). Recitals A. The Grantee is the owner and operator of a multi -level ..� parking garage facility (the "Parking Facility") located on the >3 following described real estate in St. Joseph County, Indiana: Lot Numbered Two Hundred Eighty-nine (289), Two Hundred Ninety (290), and Two Hundred Ninety-one (291) as shown on the original Plat of the Town, now City of South Bend. Commonly described as being located at the Northeast corner of Main Street at the intersection with Wayne Street in South Bend, Indiana. Tax Key No.: 18-3007-0239 (the above described property is herein referred to as the "Parking Facility Property"). B. Construction of the Parking Facility was undertaken in 1965 and the Parking Facility has remained in continuous use and operation since its construction. C. When the Parking Facility was constructed, an enclosed pedestrian walkway (the "Skyway") was constructed over the adjacent public alleys located to the east and north of the Parking Facility. The Skyway connects the Parking Facility with (i) the building at 112 West Jefferson Boulevard, South Bend, Indiana, which is currently the location of the main offices of Norwest Bank Indiana, N.A., and is commonly known as the "Norwest Bank Building" and (ii) the building at 211-223 south Michigan Street, South Bend, Indiana, which is the location of the former Robertson's Department Store and is commonly known as the "Robertson's Building." D. When the Parking Facility was constructed, an underground walkway (the "Tunnel") also was constructed under the adjoining public alleys located to the north and east of the Parking Facility. The Tunnel connects the Parking Facility to the basement of the Norwest Bank Building. E. The Skyway and the Tunnel have been in continuous use and operation in the public right-of-way since the Parking Facility was constructed. No public record can be located of an easement previously granted by the City of South Bend with respect to the Skywalk or the Tunnel. This easement is granted, inter alia, to validate the existing use, and to authorize the continued use, of the public right-of-ways adjoining the Parking Facility for the Skyway and Tunnel. F. When the Parking Facility was constructed, certain additional encroachments in, over and onto the adjacent public right-of-ways were created. Grantor acknowledges that such encroachments, as herein described, do not interfere with or obstruct the adjacent public right-of-ways. This easement is further granted to authorize the continued use of the Parking Garage Facility with such encroachments. NOW, THEREFORE, THIS INDENTURE WITNESSETH AS FOLLOWS: 1. Grant of Easement. In consideration of the sum of One Dollar ($1.00) paid by Grantee and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor hereby grants, bargains, sells and conveys to the Grantee, its successors and assigns, forever, the permanent and perpetual right and easement to use, operate, inspect, maintain, repair, remove and replace the following: (a) the Tunnel, under, across and through the property described on Exhibit A attached hereto and by this reference made a part hereof and as further shown on the Survey prepared by Cole Associates, Inc., dated June 8, 1992 and attached hereto as Exhibit C (herein, the "Tunnel Property"); (b) the Skyway, over, across and through the property described on Exhibit B attached hereto and by this reference made a part hereof and as further shown on the Survey prepared by Cole Associates, Inc., dated June 8, 1992 and attached hereto as Exhibit C (herein, the "Skyway Property"); and (c) those building enchroachments of the Parking Facility identified and described on Parcel No. 1 in the survey prepared by Cole Associates, Inc. dated June 17, 1992, a copy of which is attached hereto as Exhibit D-1 and D-2 (which enchroachments are referred to herein as the "Building Enchroachments ) on, over, across and through the public right-of-ways for the public streets, public alleys and public sidewalks adjacent to the Parking ublir-1 Facility sass are reflected on the said survey (which p herein referred to as the "Encroachment Property") - TOGETHER with the right, liberty and privilege to employees, Grantee, its successors and assigns, by its agents, p Y the contractors and workmen, to enter upon the y, overrtherproperty Tunnel Property and the Encroachment Property, required for of Grantor, as may from time to time be reasonably the purpose of using, inspecting, maintaining, repairing, removing and replacing the Skyway, the Tunnel and the Building Encroachments, subject to compliance with applicable laws, ordinances, codes and regulations. ements 2. Binonding Effect. the Grantor andeitssgranted binding upon successors and assigns. 3. Appurtenant. The easements granted herein shall benefit and be appurtenant to the Parking Facility Property. 4. Duration. In the event that the Skyway, the Tunnel or the Building Encroachments shall be removed and not replaced within a period of two (2) years, then the right and easement with respect to the Skyway, the Tunnel or the Building Encroachmterminate as to such featurescase ysoe, shall removed andenottely replacedeasnd terminate as t aforesaid. 5. Related Agreement. The provisions of this Agreement shall not affect, modify or restrict the obligations of1any of and the parties to that certain Agreement dated Octoberin the Office recorded at Miscellaneous Record Book 2ertapning to the of the Recorder of St. Joseph County, p construction and maintenance of the Skyway• 2 S IN WITNESS WHEREOF, the Grantor has duly executed this instrument on the date first indicated above. CITY OF SOUTH BEND BOARD OF�.�LI W F`iiS /r x/ STATE OF INDIANA ST. JOSEPH COUNTY ) } SS: Before me a Nota personally appeared , Public in and for said County and State ana JJNI'v ,}r • , members of the Board of Public Works of the City of South Bend, Indiana, a municipal corporation, who, as officers of said municipal corporation, represented that they are duly authorized to execute and deliver the foregoing instrument for and on behalf of, and as binding upon, said municipal corporation. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this jo � day of June, 1992. • s r, SHI��� pRamr--P-i-EE , Rotary Public A resident of St. 3oseph County, ZI3 4on Expires: JAM-1:NWB—Aut2.EAS This instrument prepared by James A. Masters, #9074-71, NEMETH, MASTERS & LEONE, 307 Norwest Bank Building, 112 West Jefferson Boulevard, South Bend, Indiana, 46601; Telephone: (219)234-0121. 3 For DESCRIPTION OF PEDESTRIAN TUNNEL EASEMENT An easement to permit pedestrian travel between the buildings located on Lots �85 and 291 as shown on the original plat of the Town, now city of South Bend, Indiana. The centerline of said pedestrian tunnel is described as follows: Beginning at a point on the west line of said Lot 285, said point being 24.5 feet, more or less, north of the southwest corner of said Lot 285; thence west 4.3 feet, more or less; thence South 20.5 feet, more or less, to the point of curvature of a curve to the right; thence southwesterly along Said curve•5.5 feet, more or less, to the point of tangency of said curve; thence southwesterly 14.8 feet, more or less; thence south 5.4 feet, more or less, to a point on the North line of said Lot 291, said point being 5.2 feet, more or less, west of the northeast corner of said Lot 291. The width of this easement is intended to be sufficient to include the 6.0 foot wide passageway, exterior wall thickness and any appurtenances that mdy add to the width of this tunnel. Actual width of this tunnel i5 indeterminable at this time. EXHIBIT "A" DESCRIPTION OF OVERHEAD PEDESTRIAN WALKWAY EASEMENT Beginning at a point on the east line of Lot 291 as shown on the original plat of the Town, now City of South Bend, Indiana, said point b in 15 5 feet more or less, south of the northeast corner oofnsaiid ior e g Lot 291r; thence northeasterly 19.5 feet, more or less, o a p the west line of Lot 286 in said original plat of the Town, now City of South Bend, said point being 1.5 feet, more or less, south of the northwest corner of said Lot 286; thence north along the line of said Lot 286, extended north, 15.0 feet, more or less; ence southwesterly 19.5 feet, more or less, to a point on the east line of Lot 291 in said original plat of the Town, now City of South Bend, said point being 15.0 feet, more or less, north of the Point of Beginning; } th east line of said lot 291, 15.0 feet, more or thence south a ong e less, to the Point of Beginning, EXHIBIT "B" c -J � I a I 2 15' AHsy t0+ I ] P C 'aP•15.5' v ' /ry 3R5Ti 0 �aP � I 'O �(Ya 'tl} cla7 nQ" -ten � • �C r A .c u• �a • �oyJy 'moo N s fan�a 'l-fit sas'de°e 3 g Sae 4 rip 9�=j ecgy� 9aMso7 6 HS�vw. �e age cq.� a�?6' ��•�rgs � !�'s�s�� a �i¢ ��: r"�?��o9-�`s � _8 Esc;?,�� •.> LYE �x lot- a a •'C c = i 93 a3 C4:8 - 6� :-a a 4 PLA.T Ir L75tu[XTi 6llrltrR z N6hwt5T 61.Mh AHD rl,►IKIN6 61hA6! n S..IA 6."d,l"d4."e t_ l UKEERS MOVEC15 PIANKM sous» aao OOAN us CKSMR ON ,gpFal>f1E MxKkwK 19 EXHIBIT "C" MAIN (99'R/W) 'J l I}n rL YAhve walk /a•M� _ _— — � � w — rr.e• /o.aRDavr vr"F.YK p N w Aq 15.3- � r•e j --- STREET =------------------------ I o I l I Iry isn j i 'f � I r`� I If f 1� \ \ jy I N i N ' I•` N i ll N i 1 i Il I ?I I I I I I 198.19 M - 198' A - tl.S' - •�yy-----_ - —Eke '•e N ----°Cx,------^Z3m. dr5u[u _ = ��'.•9- -tom __--��—_ ��._ _• __-_--_ '�= 4.G '" Ter ___---_-_--._- �J. __ o w` � 11 I 1 •� ` II � �,•o �I �Ao 1 1 I a i I o� 1t I I ' YOaa I ,II I,1 '2 a�z I -- 1 � I C°;!q I I I I qI ► I l tp 1 N II N 1 N I A co 1 m I I ran I j 13 I if I I I I I I I I I I I i I I I 1 i I I i 1 I I -- ------- - - - - -L -----_ ---------------- MICHIGAN (99 R/W) uI2030D 3 � n I ,y i N co W U L O STREET g� ri/ A 4 rl rl ` 10 fJ L1 ® C) O C I E o 9© 06 e ra a M e:• F.�$ 3fc• cf e:?a Sx ';=:;r r v xa•q¢asE'saiFn!?J; e:i::i :tt q`- ¢ . rr c s 99 x .i� da'14 �it I i �i��s� cs F t :: s� x x.- i j1a Ia�3 i ;r?j < �_ -:1� 'i` .1. - e Cd.i�=iRen .f �y'! = _?"T•:�--719 x:' v '�.-^;E 7 a5_y *; y Fj3xi� q t7 tt$i a �:• - .ra 'ei - c=-: i� li .;� 6 qau '• ii ,: a • xe-yi i1;i q p.ca a ••_,rez>:.j a •' c� xj5-i. •t=r?.1»•� i.- 1 i3ii F l crJ" i hyl'i zs=r 3 � �:.yr i.'��x;e:3r� �-� F?�;i73.a��� i`'.c •s �c�,: err_ I%: i ii " 'i a i. a;• i•.: c•� i3 ; :z 3 y :a. �tii rt, 34r •t�_. ,yi"e.; _�! i:i �A�'li; '�i�`ILi,•i•�.t', 1" �y ^ a ALTA/ASCM LAND TITLE SURVEY F04rjli� b 1WF da'ad rS9 ro9l[o11 LOTS 289,290 d 291 qq by date AS SHOWN ON THE ORIGINAL PLAT OF THE CITY OF �nd1(ISh lk"07P SOUTH BENDPART OFWI/2NWI/4 SEC.12-T37N-R2F- nw ...l., SOUTH BEND,PORTAGE TOWNSHIP, ST. JOSEPH CO.,INDIANA I EXHIBIT ttD-1" m T T M N 0 Z N r6 r o, N in Thin Suivet Requenled By: r •11� Caine Invellmenl Limited PortnershiP t100 Natronal City Bang Building ev_ Cieland•Ohlo Aq 114 -.Co+e A:wc U�ei tic �I I � � I � I Iw I I I I { 1 III 8, 1a��0d �Cuacuaso� J I ,�� aov,XIOM �o/�,�s'apae E `� pnac/�a�0 aP�M�I/��j) { ` Jaawo0 407 d0 !e 1 sl aau�o0 6P/9 it � I 3 I l;, y6 p 1 Q p �71lVM snogyyp"pa X/oMr�B;,4�a it 8 QD>y.+ano I I w10ti'S9/-- 27b uau-100 407 40 M,40.0 � s/ uau�o0BB"$ I 1 IY II it 69Z ! II .L'•y ``� II I II r I y Vnl — — -- — — >fjoM anoRd,9'B ubrs I r- I, i I e i ` !'ON 7-7:)Z ';oal raj D 061Z ! i J Z 1 1 6crr�.rr� y a?r}moo h�i.osvw GO 9� HJ 9[/O� /SJ01S 2/, Jr' �� a"'1 r° ip 16 N j9 e —z .8• - . y _. 'W.52'S9/ Il; �l',—',�'` /a1 '9'4 r I N.6o'o s/.JRUJDD Dp19 l � I Z 6 Z } I II I I 1 I 1 � I � rn Ll P,,,l D E X'L'--'DI I-vi