HomeMy WebLinkAbout#1594- Deed; GRANT OF TEMPORARY EASEMENT A parcel of land 20 feet in width, north and south end thereof, heretofore appropriated for the widening of Ewing Avenue'�lSiy
GRANT OF TEMPORARY EASEMENT
Lot 5 shown on the recorded
plat of Calvert Subdivision; a
parcel of land 20 feet in
width, north and south, taken
off of and fTdn the entire
width of the South end
thereof, heretofore
appropriated for the widening
of Weing Avenue, commonly
known as 221 West Ewing
Avenue.
GRANT OF TEMPORARY EASEMENT
This Indenture, made and entered into this (�;;?/ST day of
. � , 1992, by and between the Board of Public Works
of the City of South Bend, Indiana, hereinafter referred to as
the "Board," and the Estate of Arthur J, Stout, deceased,
hereinafter referred to as the "Estate,"
W I T N E S S E T H THAT:
WHEREAS, Genevieve James is the duly appointed a.nd acting
Executrix sed, pursuant to
St. Jose 1
Estate of
S 00388, the
WHEF
ty of June, 1992
and at t)
tl estate located
in the C: G State of
Indiana,
Lot �! ied Plat of
Cal, '' 03 in the office
of L�J _ \ na in Plat Book
Orc L����-� , 17 and 18 in
e ,, Bend; excepting
the
� \ S t in width, North
andwidth of the
Sou for the widening
of Ewing Avenue,
S072
WHI _ , ,. ----
consisting of a
certain ley which runs
north a bj ect premises,
as indi
ared by Creekside
Creekside Mortgage Surveys, Inc.
715 Soutl, h1ichig;tii Street D Souji, 13cliLl, 1ndian❑ -16601
Phone (Z 19) ? 55-o55h FilN (219) 074-0374
PAGE 2 OF I-
GRANT OF TEMPORARY EASEMENT
f� This Indenture, made and entered into this day of
1992, by and between the Board of Public Works
of the City of South Bend, Indiana, hereinafter referred to as
the "Board," and the Estate of Arthur J. Stout, deceased,
hereinafter referred to as the "Estate,"
W I T N E S S E T H THAT:
WHEREAS, Genevieve James is the duly appointed and acting
Executrix
St. Josep
sed, pursuant to
S 00388, the
Estate of
WHEF iy of June, 1992
and at tY
►] estate located
in the C: State of
Indiana,
Lot _ Jed Plat of
C a 1
of Ste, 33 in the office
r
8, na in Plat Book
l5 C`c��
S{�c� 17 a n d 18 in
Ore ° the Bend; excepting
�.h'�A � R
and S t in width, North
` � �Awidth of the
of
����' �� for the widening
SOSou�� Ewing Avenue,
J � '
WHF
consisting of a
certain 1 `i'�--'��`���,
� ley which runs
north a J b ' ect
premises,
as indj ared by Creekside
1-0i11 F111•
Creekside Mortgage Surveys, Inc.
715 South Micilig,111 Street m S<�ut1i Bend, Indiana 16601
Phone (219) 255-6550 F;iix (219) 074.0374
PAGE ?()1:2
GRANT OF TEMPORARY EASEMENT
This Indenture, made and entered into this)s! day of
, 1992, by and between the Board of Public Works
of the City of South Bend, Indiana, hereinafter referred to as
the "Board," and the Estate of Arthur J. Stout, deceased,
hereinafter referred to as the "Estate,"
W I T N E S S E T H THAT:
WHEREAS, Genevieve James is the duly appointed and acting
Executrix of the Estate of Arthur J. Stout, deceased, pursuant to
St. Joseph Probate Court, Estate No. 71J01 9207 ES 00388, the
Estate of Arthur J. Stout, deceased; and,
WHEREAS, Arthur J. Stout died on the 14th day of June, 1992
and at the time of his death was the owner of real estate located
in the City of South Bend, County of St. Joseph, State of
Indiana, described as follows:
Lot numbered Five (5) as shown on the recorded Plat of
Calvert's Subdivision, recorded July 15, 1903 in the office
of the Recorder of St. Joseph County, Indiana in Plat Book
8, page 128 of Lots numbered 13, 14, 15, 16, 17 and 18 in
Orchard Lawn Addition to the City of South Bend; excepting
therefrom, a parcel of land twenty (20) feet in width, North
and South, taken off of and from the entire width of the
South end thereof, heretofore appropriated for the widening
of Ewing avenue, commonly known as 221 West Ewing Avenue,
South Bend, Indiana; a -rid,
WHEREAS, an improvement to such real estate, consisting of a
certain wooden deck, encroaches upon a public alley which runs
north and south along the eastern edge of the subject premises,
as indicated by a Surveyor Location Report, prepared by Creekside
Creekside Mortgage Surveys, Inc.
715 SoL1111 Michigan Street o Sokitil iieltd, 111dia11u -I6601
Phone 1219) 255,0550 1-,-ax (2N) 07.1-0374
1'A(;I: 2 ( )1-* 2
Mortgage Surveys, Inc., attached hereto, made a part hereof and
marked Exhibit "A;" and,
WHEREAS, four feet of such public alleyway were vacated on
or about the 23rd day of July, 1924, which vacation of alleyway
was ratified on the 2nd day of December, 1924, as evidenced by
the Transcript of Proceedings Vacation Resolution No. 90, Board
of Publiz Works, City of South Bend, attached hereto, made a part
hereof and marked Exhibit "B and Bl;" and,
WHEREAS, the Board desires to grant rights of temporary
easement to the purpose of permitting the subject deck to
continue to encroach two feet into the public alley, inasmuch as
it presently appears such encroachment and grant of temporary
easement will not interfere with the free and safe flow of
traffic on such public alley.
NOW, THEREFORE, for and in consideration of the foregoing,
of the agreements and covenants herein contained and other good
and valuable consideration given by each party hereto unto the
others, the receipt and sufficiency of which consideration is
hereby acknowledged, the parties agree as follows:
1. Incorporation of Recitals. The recitals hereto are
incorporated into and made a part of this instrument.
2. Grant of Easement. The Board of Public Works of the
City of South Bend does hereby grant to the Estate, .its
successors and assigns, a temporary, non-exclusive right,
privilege and easement of two feet extending west to east into
Creekside Mortgage Su
715 SOLIL11 t`lirliigan Strcct S, a l� ii� �'�e'�%S� Inc.
i
PPPPP'
.%
such public alley to the purpose of permitting the existence,
operation, maintenance and repair of such wooden deck,
improvements and related structures presently in existence as
indicated by the attached exhibits; provided that such wooded
deck shall not be expanded; and, in the event that such wooden
deck, situated on the subject premises, shall be destroyed, razed
or removed for any reason, then, in such event, such wooden deck
shall not be rebuilt so as to extend into the public alleyway and
this Temporary Easement shall be vacated.
3. Easement Revocable by Board. The Board reserves the
right to revoke this Temporary Easement at any time in the future
should it determine that the extension of the wooden deck into
the alleyway presents a safety hazard or if the Board determines
that the full use of the alleyway at this location is required.
If the Board so determines, it may take action to revoke this
Temporary Easement at any regularly scheduled Board meeting, and
such easement shall thereafter be vacated.
BOARD OF PUBLIC WORKS OF THE
CITY OF SOUTH BEND, INDIANA
Mary Hall e11er
ATTEST:
Szmd me�� Clerk AST, r.
mryRU�� Pv; Z >
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, a Notary Public in and for said County and State,
personally appeared John L. Leszczynski, James R. Caldwell and
Mary Hall Mueller, who acknowledged the execution of the
foregoing Grant of Temporary Easement for and on behalf of the
Board of Public Works of the City of South Bend, Indiana.
WITNESS my hand and Notarial Seal this o�ls' day of
Notary Public
Resident of St. Joseph County, IN
My Commission Expires:
gte.bpw
Surveyor "cation Reort
'1'IiIS Itf�i'OEt"i' IS E3A51?(l ON l,lhii'I'1:1) ACCURACY 1)A'I'n /1N1) "
FE.N1?IN IN011l.i) lil: I1Slii) iqOIZ (,O1`IS'I'EZ(Jt'I'1ON OR I S'IAlll.l.
�iiNC'I: LINES. II11N(;'13ca[t[ INO I)n'1'n
Sff1NCi I3([_1N1)AItY OEt
1'1tU1'lati'Y A I)1)R I :SS:
PRO111-1t1'Y U`.,.St~ltllTI()N: 221 West wing Street, South Ber)d, IN
Wert Subdivision Lot No. 5, wept for 20 feet on the South side,
Ut:SIC;NA'['LiU f'AltFIES
MUIt RAGE-E
OR ASSIGNEES: ItEFFIti�NC13 NO.
f'I'I'I,I: Co.: Mishawaka Federal Savings
OT I I E R : Abstract & Title RE"F 'RENCE N().
Bill Stockton @ Mishawaka Federai Savings
f, Iltc ur•Arryi)!necl, an lncliana ltc•�islcrrcl I,arul Survcycu•. Ircrchy ccrlily Mat nn (lie cialc
Illst, I lrin•r� isecl the illsPCcliDll rr1• the real estate elescriltecl ltercin it the ilelcJresti irtclica
1'lllS l.O�'A'1'1ON RHpOJt'1' �b'A,� 1'llf;f'Altlil) FOR (IS], 131' ']'Ill; Ut (lie A(Wr sl? lj( iIES
ONLY AND !�(.r feel.
R NO ONE 1.:l.Sl:. '1'!!li nC'('tlltn(_'1' Of 'I'lll; I,UCn'1`IC}N I)n'!'n SHOWN
14l.11111'1'!:1)'1'r)'11I/1! Jtfi(�)UIRIil)!il"I'i11;1TJ1)1nNn "Si11tVEs}'OIt DA It1i'c
111fNlN1l.1N1 1l1 (111fR1iAWNT;S UNI.I:SS (7!'lI1;It1S'ISIi SI'!iC'll li.l) nNU li l'I,nIN
'1'IfIS l)OC'UNIiiN1'. 11: A NJORli �1('C[lJtn'1'J; OIt I)E I'r1d1.Ji1) I.nNI) Sl.I) F
ou Ill C'OItNI.!t NIONUMENTS ARli R1;(1[11RI:I). nN !NI)1nN�1 I.ANI) [ [) (}N
SHOULD Ill, t')RI)liltl?1). Y !S I)I:SIKI:Y
1 I I L!: SURVEY
! lirr[hcr rc�rtil}' Ilrrl lcl tlrc; hctil rtl' ut} kunct Icc1Z,c Iltix C c>calicln RcRctrt cclltlilrrlts will, I
SU1ZVIi}'Uft I.00'ATION Rlil'OIt'I' Millinitlnr Reclrlirelllcnls.:rti'lcici ttccl h tllc
of I'rrslcssic►nrtl I.:rrrcl Surveyors, Inr, ern J,rrut�ll , c c (Ile
ilf irlcli;rrt;r, luc., rrn Molrrh ? c } ` )• 1 81• ;rncl a > lrcty I y Indiana Sc>eict}
{1, E)gl I ! c cl J,y tltc '1'itic UrJcJcrr'tYt�rtes;>
17 !C
10-8-92
SUItVI'Y0RS SICNA'I'Ultls ~'NO..
SU1tV1-Y()1tSJOB)NO. STATTEE OOF jr 5 F '
9229 r �'•.��n N� :' �r
Creekside S
Mortgage Sure 715 5clutlt A9irlligan Street ®,' - �s>• IrZCe
Sr'uclr ��icn�1, 1ncJi;rna-If)(iUJ
f'AC,1: ? O1.
I
Surveyor Location Report
Lot No. 5, Excepting 20 feet on South, Calvert Subdivision
221 blest Ewing Street, South Bend, IN
-t, ALLEY
36.0'
!. 0 Gar.
Conc.
O 0 r.
N
24.3
v-:
Jc
U
14. 2 n Wood
0
Deck
ti
f. 9' fa o
0
rn
N
�
rn
2.3
.N, 2 S for y
0
O
b
4.0'
26.5'
4.8' Walk
36.0'
'20'
t Exception
E. EWI NG AVE.
4'�
E'nc,
LLJ
Q
E nc.,
6�+
Tf1E rr11!4/!{{Y STRUCTURE
S11OWN ON 1111S DRAYW111L.
1S NOT IN A FLOOD
WAZARD AREA.
No ptrys ico! evidence
of R.
'• Q .•�G4S i ��'•. '�'
S • 0523 yk
'.TATE OF
.d
This report was prepared SWwithout a copy of the Title Insurance Policy 't'
SU��
and may be subject to order restrictions contained thereon. This drawing •.''�
conforms with the Surveyor Location Report minimum requirements as cer-
tified on page two of this report. Any encroachments are specifically noted
above. This report is of limited accuracy and should not be used for con- '!J
struction or for establishing boundary or fence lines. Regis►eied Land surveyor
Creekside Mortgage Surveys, Inc.
715 South Micliigan Street . Soutli Bend, Indiatia 40601
Phone (211)) 255-6556 Fax (219) 674•0174
Scale Date Drawn by Drawing no. PAGEfOF2 1" = 20+ 10 �8. 92 AG 9229
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And the Ao9.rd 110w crde r,; -
Lhat a list or rc,13 be prepared --of all o�vi're,r
�hoxciers of l;roparty grid of valuable itli;ere3t; theIre'I'-;1cught to be iaket of
be ITJJU�fou31y affec Geci whi,,b list or roll shall also c;e;;c ribe she- propert3
benefl- sally n.ffec ted
At Lost;. Ve ronica C B pe—.11ey L.B.Sla.ug�bter
Clerk of the ward President .
0000a0000° o
Record No iw Page 644
B08rC1, met in regular ssjsiol, a, 9-00 A.M. All'Members prevent
Tuesday December grid 1925
EXHIBIT 61
Tr�01 r}pt of Proceadings Vacation xosolut�iotl NG g0 Board pf Public WQrkg
city of SO
State of Indiana , St. Jose ph coutity,- 33 . Board of --- ...:... —.
ublis Warr<,;
Tra,n3c rip- of the proc�,eciizrg
Ttr Record No 12ke ; Vacation Re:; olu t inn No , yo 0
y
Wednesday July 23 rcl 1924 Page 473-474
Board met in regullir session at 7:15 P.M. All members present
Vaca,tiarl Resolution No 90 foe the Vacation of alley lying along the we;
lilre of«the Terre 1-!auto an:i Logeiloport RRitroad vf&bt of way
to the fir;;L alley ziovth of Ewing Avenue, adopted as follo�r3;from Ewing Avei
Vacation l�r;3'olution NO 90) 1924
Resolved by the Board of Public Work3 of tha city of South
The,t -it i3 desirable to v � RetlupTti:iiarlt
orate 'be Full-OWing; The alley lying along the we;
1ina of Lhe . $ Fr L. Ra it road right of wa,y' from 1:witlg Avenue to the fir; U
noftub of Ewing Avenue. bounded by a ,line running as follo?,s;i,G-wiv;
Beginning' aL the �ouvheast co veer of lot 5 in Ca.1ve rU's sub of to is 1
in Orche.ra lawn Addition; thence 71of"h a diatazloe of pTizzety,-seveii (97) fe4t
the aauth lire of the first alley north Of Ewing Avenue; thence eat fourte
feet to the avert line 'or the T.H. & L. R. R. right of vtiay; thence south along
right of way line a uis-ljance of ninety -,even (97) feet to the north line of
Avenue; thence we;,t fourteen (14) feet to the point of l=Pgillrling
The follOWillg property may be inJuriously or benefic1al,ly aYfect
, ed by
vacation; Lots , 1, 2119 3,' 11 51
6, 7, �3, 'yLinCave rt
d 10 ill l's sub of lots
1 1 15 2• 16 17 ) aild lid in Orcba,rd lawn AdditiOn and L6''1.'3 10, i1 a,rrr� 12 in
0 rcha,rd Lawn Addi t ion
Notice or Uhis resoluUcn .3ha,11 be published oil the 24tb day of July 1
atiu oil Lhe 31s U dfJ Y of July 1924 ill the South Beij Tribune and News Times
This Eoard at i Us office i1: Lhe C i Ly -lla 11 -On the 20 th - iiay of Augu3 t l
aL 7:15 P.M Will' hear and receive renions Lrarleas front all lrerson;; interests
ar af'fec ter: by Lhese pj•oceedlt,gs
AdopLed this 23rd day of Jjly 19'24
Ar Lest; Ve rotlic;a C Sweeney L.B. Slaughbe r
Ulerk o, the Board Pre�iderit
At''ast; Ve rcnica C 3weezley . (SiF:zied) L. B. gl.aughte r
Clerk of Lha Board President
0 0 0 0 0 0 0 0 0 0
Record No 12 Page' 491
Ple Ut1e3 day Au�uj t 20 th i 1925 •
Board met i11 regular session aL 7:15 F. M.' A11 'membe ri present
Hearing baLi oil Vet ati�zl' tRe.;`oluLiorl 'No 'g0 for the Vacation of e.11ey in
Orchard La Nzr'Aciclitian� or alley lying- along, wo.;t 3icte of Ahe Terre Haute &
Logarispo:,t Ra il'vay .
In the above ma L ter At L Yea le
. y. B y appeared aril f. iled 'Nri L terl re z1s trar:
'be, Board after he�1.rir1 all- part,i.s. interested, modified said ee3o i;iorl by
vacatirIF, strip m fou-r_(4_'-)._f'er:t wide a,lontkk[a urea t :�icie of the all
Y �z11 v a r: �fi�3�h es r oltutfat� iz� hal thiirF ra#,11'ie�, confirmed an:i approve'-y
Arid the Board rio,,4 rrderj that a list or roll be prepared of all owli•er5
holders of praparty alld of val-cable intore.t. theseill, sGugtri, ;,c, be i►ElltBt1 a
be ir1 furious ly affected wb is h list o r roll shall also c�;;c ribe the- p rope rt3
benefi„ially effected
Attest;.Varonica C �••^-,
,iPe1ley L,B.Slau fate r ..
Clerk of the Board President
000000000o a
Record No 1,3 pegs 544
Boarca me G 1?l regular se3slo7i a. , 9:00 A.M. All OMember3 prevent
1Tue s day De C e mbe r 2nd , 1925 •
Engineer filed assessment roil r,:;.' aijvra,r(.Li of demo-pes and as3essmetl is c
bet1eftt" for the ve,olzt:icr,. of a ;;L.c'i?� ��` 1r,.3.c, PGUr feet wide Off of the V463
:side cf the alley ly.111E, i.3atjg tjie �rar.; 1.1ne of the Terre 11.aute aria Loge,ztspt
, ..- 4 1 ...I _.. 1, .1 .. P — •. P w ....,. rv... -f ..... A .. _.. . J - 1 t- - n l I- . . I
FR£I]ERICK H. E'TTL
ATTORNEY AT I..AW
SUITE 412 LAFAYETTE BUILDING
115 LAFAYETTE 130ULEVARO AREA CODE 219
SOUTH BEND, INDIANA 46601 TELEPHONE 233-9458
November 13, 1992
Ms. Sandra Parmerlee
Clerk of the Board of
Public Works
City of South Bend
State of Indiana
County -City Building
South Bend, Indiana 46601
Re: Estate of Arthur J. Stout, deceased
Request for Grant of Temporary Easement
Bear Ms. Parmerlee:
I represent the Estate of Arthur J. Stout, deceased. At
the time of his death Mr. Stout owned the property located at 221
West Ewing Avenue, South Bend. That property is located on
Ewing, just west of Main Street on the north side of the street,
where the railroad right of way and a public alleyway intersect
with Ewing Avenue. As a result of a mortgage survey commissioned
by Mishawaka Federal Savings & Loan, a copy of which is enclosed,
the estate has learned that Mr. Stout's wooden deck encroaches
two feet on the public alleyway. (Note that the encroachment
would be six feet except, that four feet of the alley were
vacated in 1924, as indicated by a copy of the enclosed Vacation
Order).
Because of the two feet of encroachment on the alley, it is
impossible for the estate to sell the property without the grant
of temporary easement. I have discussed this difficulty with
Jennie Pitts Manier, Deputy City Attorney, who indicated that she
has encountered this difficulty many times before in representing
the City. Mrs. Manier suggested that I request a temporary
easement and that I contact you.
I am, therefore, formally requesting that the Board of
Public Works grant a temporary easement and I am tendering,
herewith, a form of Grant of Temporary Easement to be utilized in
granting such request. Please review this matter with the Board
of Public Works and counsel for the board, Ms. Mary Hall -Mueller,
to whom I have directed a copy of this request.
Ms. Sandra Parmerlee
November 13, 1992
Page 2 of 2
I would be happy to meet with you to further explain my
request. I loop forward to hearing from you.
V��sinc�el
Fr'edeLickYB. Ettl
FBE/dlw
cc: Mrs. Jennie Pitts Manier
Ms. Mary Hall -Mueller
Mr. Louis Klatch, York Title & Escrow
Enclosure
1
:EZIF—
CARL LITTRELL
PUBLIC WORKS
MARY HALL MUELLER 'vim
ASSISTANT CITY ATTORNEY
]D^'-r]F—' o NOVEMBER 30, 1992
REQUEST FOR TEMPORARY EASEMENT -- ESTATE OF
ARTHUR J. STOUT, 221 W. EWING AVE., SOUTH BEND
Please find attached correspondence from Attorney
Frederick B. Ettl and proposed Grant of Temporary Easement and
attached Exhibits.
It seems that, when Mr. Stout died, it was
discovered that he had built a wooden deck that extended two feet
into the alleyway east of his house. Mr. Stout's estate is
asking that the City grant a temporary easement which would
permit the continuation of the wooden deck's encroachment into
the alleyway.
I would appreciate it if you would review the
enclosed documents and give me your opinion on the following:
1. Is the alleyway east of Mr. Stout's house in
use, and, if so, is it of sufficient width to allow the safe
passage of vehicles despite the encroachment of the deck?
2. What would be your recommendation regarding the
grant of this temporary easement? Do you see any significant
safety problems resulting from this encroachment?
Even if you do not have any problem with the
temporary encroachment of the wooden deck into the alleyway, it
would not be my inclination to allow Attorney Ettl to have as
comprehensive an easement as he has requested. I would want a
proviso that, if the wooden deck is destroyed or removed for any
reason, it would not be reconstructed into the alleyway. I would
also want a proviso that, if the City determines at any time in
the future that the wooden deck presents a safety hazard, this
easement could be withdrawn by the City.
Please let me know what you think.
Encs.
cc: Sandra M. Parmerlee w/Encs.
21ittrell.mhm
Creeksxce Mortgage Surveys,-.
Into
715 Soml, hlirlligmi Sircct ® Sciutli Nell 1, hidi in;i -I6601
1'ho1w (Z 19) 255-0550 1,OX (Z N) h7.1.0374
I
FREDERICK H. ETTL
ATTORNLY AT LAW
SUITE 412 LAFAyETTE BUTLDING
115 LAFAyETTE 130ULPVARD
.SOUTH BEND, jNEIANA 4660,
November 13, 1992
Ms. Sandra Parmerlee
Clerk of the Board of
Public Works
City of South Bend
State of Indiana
County -City Building
South Bend, Indiana 46601
Re: Estate of Arthur J. Stout, deceased
Request for Grant of Temporary Easement
Dear Ms. Parmerlee:
AaEA CODE: 219
TELEPHONE 233-9456
I represent the Estate of Arthur J. Stout, deceased. At
the time of his death Mr. Stout owned the property located at 221
West Ewing Avenue, South Bend. That property is located on
Ewing, just west of Main Street on the north side of the street,
where the railroad right of way and a public alleyway intersect
with Ewing Avenue. As a result of a mortgage survey commissioned
by Mishawaka Federal Savings & Loan, a copy of which is enclosed,
the estate has learned that Mr. Stout's wooden deck encroaches
two feet on the public alleyway. (Note that the encroachment
would be six feet except, that four feet of the alley were
vacated in 1924, as indicated by a copy of the enclosed Vacation
Order).
Because of the two feet of encroachment on the alley, it is
impossible for the estate to sell the property without the grant
of temporary easement. I have discussed this difficulty with
Jennie Pitts Manier, Deputy City Attorney, who indicated that she
has encountered this difficulty many times before in representing
the city. Mrs. Manier suggested that I request a temporary
easement and that I contact you.
I am, therefore, formally requesting that the Board of
Public Works grant a temporary easement and I am tendering,
herewith, a form of Grant of Temporary Easement to be utilized in
granting such request, Please review this matter with the Board
of Public Works and counsel for the board, Ms. Mary Hall --Mueller,
to whom I have directed a copy of this request.
C eekside Mortgage Su�r�ve c� ��� Inc.
717 S
utli h1icliib;111 Strut • SolUth Bend, Indiaim - 6601
111011e (2I9) 255-6556 i:.,,. 111M I I ,
Ms. Sandra Parmerlee
November 13, 1992
Page 2 of 2
I would be happy to meet with you to further explain my
request. I look forward to hearing from you.
B. Ettl
FBE/dlw
cc: Mrs. Jennie Pitts Manier,/
Ms. Mary Hall -Mueller./
Mr. Louis Klatch, York Title & Escrow
Enclosure
Creekside Mortgage Su
r�veys, Inc.
GRANT OF TEMPORARY EASEMENT
Indenture, made and entered into this day of
, 1992, by and between the Board of Public Works
of the City of South Bend, Indiana, hereinafter referred to as
the "Board," and the Estate of Arthur J. Stout, deceased,
hereinafter referred to as the "Estate,"
W I T N E S S E T H THAT:
WHEREAS, Genevieve James is the duly appointed and acting
Executrix of the Estate of Arthur J. Stout, deceased, pursuant to
St. Joseph Probate Court, Estate No. 71J01 9207 ES 00388, the
Estate of Arthur J. Stout, deceased; and,
WHEREAS, Arthur J. Stout died on the 14th day of June, 1992
and at the time of his death was the owner of real estate located
in the City of South Bend, County of St. Joseph, State of
Indiana, described as follows:
Lot numbered Five (5) as shown on the recorded Plat of
Calvert's Subdivision, recorded July 15, 1903 in the office
of the Recorder of St. Joseph County, Indiana in Plat Book
8, page 128 of Lots numbered 13, 14, 15, 16, 17 and 18 in
Orchard Lawn Addition to the City of South Bend; excepting
therefrom, a parcel of land twenty (20) feet in width, North
and South, taken off of and from the entire width of the
South end thereof, heretofore appropriated for the widening
of Ewing avenue, commonly known as 221 West Ewing Avenue,
South Bend, Indiana; and,
WHEREAS, an improvement to such real estate, consisting of a
certain wooden deck, encroaches upon a public alley which runs
north and south along the eastern edge of the subject premises,
as indicated by a Surveyor Location Report, prepared by Creekside
Mortgage Surveys, Inc., attached hereto, made a part hereof and
marked Exhibit "A;" and,
WHEREAS, four feet of such public alleyway were vacated on
or about the 23rd day of July, 1924, which vacation of alleyway
was ratified on the 2nd day of December, 1924, as evidenced by
the Transcript of Proceedings Vacation Resolution No. 90, Board
of Public Works, City of South Bend, attached hereto, made a part
hereof and marked Exhibit "B and B1;" and,
WHEREAS, the Board desires to grant rights of temporary
easement to the purpose of permitting the subject deck to
continue to encroach two feet into the public alley, inasmuch as
such encroachment and grant of temporary easement will not
interfere with the free and safe flow of traffic on such public
alley.
NOW, THEREFORE, for and in consideration of the foregoing,
of the agreements and covenants herein contained and other good
and valuable consideration given by each party hereto unto the
others, the receipt and sufficiency of which consideration is
hereby acknowledged, the parties agree as follows:
L. incorporation of Recitals. The recitals hereto are
incorporated into and made a part of this instrument.
2. Grant of Easement. The Board of Public Works of the
City of South Bend does, hereby, grants to the Estate, its
successors and assigns, a temporary, non-exclusive right,
privilege and easement of two feet extending west to east into
such public alley to the purpose Of permitting the existence,
operation, maintenance and repair of such wooden deck,
improvements and related structures presently in existence as
indicated by the attached exhibits; provided that such wooden
deck shall not be expanded; and, in the event that such wooden
deck, situated on the subject premises, shall be completely
destroyed or razed as a result of casualty or catastrophe, then
in such event such wooden deck shall not be rebuilt and this
temporary easement shall be vacated.
3. Successors and Assigns. This Temporary Easement shall
be binding upon and shall inure to the benefit of the parties
hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the undersigned have duly executed this
instrument as hereinafter stated.
ESTATE OF ARTHUR J. STOUT, DECEASED
By
Gen- ieve James, Exec ix
D OF PUBLICPUBLICor WOVMS OF TIIE CITY
SOUTII BEND, INDIANA
By
DIANA
r. JOSEPH
)
SS:
Before me, a Notary public in and for said County and
State, personally appeared Genevieve James
who acknowledged the
execution of the foregoing Grant of Temporary Easement.
WITNESS, my hand and Notarial Seal thy. �34 day of
1992.
ULRIC: B. ET L, No ary Public
ident St. Joseph County, IN
My Commission Expires:
October 20, 1993
STATE OF INDIANA )
SS:
COUNTY OF ST. JOSEPH )
Before me, a Notary Public in and for said County and
State, personally appeared
of
South Bend, St. Joseph County, State of Indiana, who acknowledged
the execution of the foregoing Grant of Temporary Easement for
and on behalf of the Board of Public Works of the City of South
Bend.
WITNESS, my hand and Notarial Seal this
day of
, 1992.
, Notary Public
Resident of St. Joseph County, IN
My Commission Expires:
EXHIBIT A
surveyor- FLocation Report
THIS REPOltl' IS BASED ON LIMITED ACCURACY DNIA ANDTHEREFORE NO DNIA
HEREIN SHOULD HE USED FOR CONS'i'RUC'I]ON OR I S'1'ABL1SI11NG BOUNDARY Olt
FFINCE LINES.
PRUITIUY ADDRESS: 221 West Ewing Street, South Bend, IN
1'RUl'Isit'1'Y D'3SCR11'1'1ON: Lot No. 5, Except for ZO feet on the South side,
Calvert Subdivision
UESiGNI ITD PAIUIES
IVIOVI C;AC;HT, NO.
OR ASSIUNEE-S: Mishawaka Federal Savings
TITLE CO,: Abstract & Title Ri:FERENCE NO.
O 1' I I L R ' Bill Stockton @ Mishawaka Federal Savings
i, the urdersignccl.,;sn imliana Regisierecl l�iiul Slli'4'Cym. herchy certify Ihat on the dale
tihc�u n. i suPcr'-i.w l ilie hisliecdon of Ilie re;il etil:i(c clrscrihcti herein ;it the Aelclress inclicate(l.
THIS LOCATION Risl'UR'I' VAS 1'IZI;J'A1Zii1) FOR USli BY THE I)I:SIGNA'I'la) PARTIES
ONLY AND FOR NO ONE FI.Sii. THE A(.'CURAC'Y OF '1'Ifl: !.O('A't'lUN DNIA SHOWN
IS I.IA1C1'Ii1)'17 )'1'JiA'1' IZi?OUJRi:1) BY'1'111? INDIANA "SURVEYOR I.00'A'i'1ON 1t1;1'OIZ'1"'
Ai1NII 1ILW )Zi-QUIRFAWN'i;5 UNi FSS (11.11I;RWISI: Si'17C]1;11:i) ANI) EXPL.AINI:I) ON
'1'IiiS 1)OC'UAIHN"1'. I A A9ORli A('C'111tA"1Is OIZ I)li'1i111.i;1) I.AN[) S[)1tV1?Y IS 1)1:Sllil:l)
OR 11; C'ORNi.R NIONUMEN'I:S ARE, Rl:QUIRI.D. AN INDIANA LAND 'I'ITI.F SURVEY
SHOULD lit: t;JRI)liltl:l).
I further cerlil'y Ihal to the best 0l' my knn44lcc1L.c Illis lAmIlic)n Report ctmli)rrns with the
SURVIi1'Uit LOCATION RIFI'(m*I' A•iillillfUril Rrcl►iirenictitti, as aclolilecl by (lie lilcli;iria Sociely
cif l'rolcssion;ll I,ar)(I Surveyors, iric., on hinmiry 29, li)KI, ❑ncl:ilil)rovccl by iIle'I'ille Ur141et iif [ncliana, ine., on March 20, 1981, ,',ado 10
P .
C'L•R'I'l1 IC'A ['IUN 1)A'i'1� �, ,SrE�Fo• c
10--8-92
SURVl;YO1tS SICNA'I'URI's n ' NO
* 5 - 0523
° STATE OF
SUIZVFiYUItS JOB NO. ��.°./A'h , �r4P
Creeksxde Mortgage � Surveys, Inc.
715 Scititli A9icliib;iii Street & S;futl) 1Jcricl, Indiana 16601
Phone (219) 255-0550 17';ix (219) 074-0374
IG1: ? ()1:
Surve -�
�yo.. L,ocation Report
Lot No. 55 Lxcepting 20 feet on South
2L1 4lest Ewing Street, South Calvert
SouthBendu�IN�ision
ALLEY
— --t24,
36. Q'
4' Enc,Conc.D r.3
x
� W
14.2 _ Wood C�
to Oe c h
Q
1.9 10 O O
to O)
J 12 Sfor y y
d' o
c E nc..
4.p'
d 6�f
26.5'
4.8' WGIh
36.0'
Jilt raI'RY szucrvF
sir"Wiu Uri��is'nuAv,:ir��
IS' NOT IN. A 400.0
_ HAZARD, ADD'
Excep lion j No physicol:e'vidence
-- ' -- __�I or k's
-
P� •
E. EWl NG A VE. NO.
$.p523' * .
:TATQ . OF
TINS report was prepared arwithout a copy of the Tirle insurance Policyram•'-��,hIAtIP �L- ,t
and may be subject to other restrictions contained thereon. This drawirlg5U
o
conforms with the Surveyor Location Report minimum requirements as cer 'M•III�•►N'"� 1
lilied on page two of this report. Any encroachments are specifically noted
above, This report is of Amiled accuracy and should not be used for con. �•
slrucliorr or for establishing boundary or fence lines.
=Revgis�i�eredLand Surveyor
Cree�kside MortgageSurveys_','Inc,
715 South Michigan Street ! South Bend, Indiana .46601
Phone (219) 255•6556 Fax (219) 674.0174
Scale Date Drawn by Drawing nn.
PAGE I" = _90' !0 •8 92 q�
__ 9229
r�....... .... ............
.X,I•iIE3�7...n
1
LO
•a
a
rr� ti •� � � 'h f� c,
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4-4
ql _ �1 cc . O u q *8 R; c,�
' rr
q_jro
0
D �� Crl N o w. F i w
A r!! O ti �., m U aU,
//1e•�'� aJ fJ) C1 ud .C) .-/ a3 N
tv
ko q) } �,�L is t� tr a o 0 u
4•1 .� r-1 ~if H G p to 4 r C.) T CS
cp U
A •7 '
fj N ''
+� O 05 cc °)
U J 4 O
Id t9i .d :4 P-1 p U � 4 0 1 N y
o P: ra
'Cf r-i 0 t C4 [1 x
F. tCD C4
ad al �» 00 O) t 1 d1 JD� CV n (�' xl •.-1 r i *N t�
° o B "] cc
� 4), u �''0 as
e U ej (] O. 1H p N
cd
.•-(. al Liu G G al -� .., � a1 A) . rj
t3J �] N 4 c
.. qN -a N � iU CD 04 cm
r1
09 CM N t4 t4 ry i, a) f3 Q 1
Cd e u � ea ti3 o [ Xi n) 0 -• H a)
al o 0 al 03
f• lg d• b O d � 1 r' G -' O .fl 41
U �) I a ri 7 r] rn
rij t .
CD
E` w t:4
,f
.1 atyyt-r�vo[s
And the Board now orCier.S (.hat, a113t or rul'1 ba prepared of aij. owrier,;
ho3rier3 of ProperbV aril of valueble izitere:ito thexein. sGught C; be taken of
be 'ziJurlou.3ly affec teu wbieh list or roll shall a13o dose ribeu
the- property
benefl (ally o•fi'ec ted '
Al',best;.Veronica C S'ripezzey 9 L.B.Slaufhter
Clerk of the Board president
0000000000
xecord No 1j pe,g8 544 '
Boara m6 b lzz regular se3sion at, 9:00 A.M. All Members preaelit,
Tuesday December 2rid 1925
Englneer filed aaSCSSWzzu roi 1 c;' Rjvs,r.(L� of {iAroq.'re, 1T 0 —_,.[•r.A, •.
r pt or Prooeoding3 Vacation R930luti0tl .No 9p Boarcl pf Publie "+7arks
-- . - — -
--
--- - -
....._ ...._...__. _. _ - _._.... Go 1,a tl c
;t,ate of Indi.ana, St. Joseph Courtl,y,ss Board of pp -
t Trent rip, of the pros re�iirl�a
Ill Re; Vacatirrl Resolutl No g0'
Record No 12
Wednesday July 23 rd 1924 Page 473_474
Board me, U iri re .ulAr session at 7::15 PtlM, All, membe
Vacation Resalutiori No 90 f0e the Vace I of alleys pf-esenjrxg tti th
1 iI�Q 4I'+• uhP 'i'e r c'P �jaU to an!1 Loecari;� pc ct i�rxil road rft, p�• vya g e we;
to the fir; �, a11eY north of Ewing Ave,,u.e P adopted as follo,�; from Ewitig Aver
Resolved by the. ?'aa,rd afoPublici�'Norkstofrrtha NO 90� 1924
That it is desirable to vacate- the folianin city of South Peilu,Iildiant
lir:ce of bhe J H. a 1 g; The alley lying along the we;
L•!ta [] raad right of wa,y� from lMing Avenue to the first
north of E�riti ;Avenue , bounued by a line running as follo,71s; to -wit;
Beg;irtrling ab the ooubheast carzier of lot 5 111
ill Orchard lawn AdaibiGrl; thence north a distan,;e of yieet f s sub• aY lots
the South like of the first alley north Of Ewing Avenue; thence eeaCt7fourte
feet to the West line *or the T.R. & L• 1?• H• right of way; thence south along
right of way line a uisuance of ninety -,even (97) feet to the rlorttl like of
Avenue; thence west fouruteen (14) feet to the point of beginuir,g
The f011077ilig property may be irl,;uriously or
vacRtion; Lots 1 21 3�' 1� 5� 6 7� �� beneficielly affected by
0 and 10 iz1 Calvert s sub of to Ls
1 15 a• lfi , 17, aiid ici in Orchard lawn AdditiOu and Lb't3 1o� 11 aria ,12 in
Orchard Lawn Addition .
Notice of Ibis resolution ,shall be publi;;beh oil the 24th day of July 1
and ou vhe 31st day of July 1924 in the
South Bend Tribune and Dews Tim85
Tlafs Eoarci at i to office ill the C i Ly -Ila 11 -oil Lhe 201 b . say of August 1
aL 7:15 P. M Will' hear arid receive renioris trances frot,l all Persou3 iritereste
or Mrfeo beci by Lbese Pecceedings
AdopLed t1118 2;3rd day of J'J1y 19�4
AU' Lest; Veronica C Sweeney. L•B. Slaughte r
Ulerk oP the 'i?oard Pre3iLie tit
At 4ea t; Ve rcniea C Sweeney (Signed) L. B. Sladghte r
CIO rk of the, Board Pees ident
000000uoao
Record No 12 ,
71e arleadaJ .J Au � • t 20 th , 1925 Page 191
tl
Board nie t in regular session al, 7:15 P. M. A11 'membe r;j present
Hearing had on Va'eati6rl' R0.3'alutiori 'No' '90 for Lha LaNV Oracatiozl of Bile i
c�ia.rcl rl' Aclditian, or alley lying along vrs.;t aids of t
Logansporthe Terre y r1
Ra fltva,y flauto &
In the shove ma L ter At ty Yeagley appeared and f. iled ,vri i, terl re rls tram
'he•Beard. after her�.riir►terested-r moaifivd said reso tiiori. b
vacating.:jtrip :four � Y
(4_'_).._feet wide alon 110 vies t :4i de of the all .� Only at, .
Rt ifi h s redolutior� itr a l ihirr a retlfle�i cor,firrn®d A?l nrc&.Z
And the Boer
� I1U79 title r,; that 3, l f3 �+ D1' roll bo pre�,sr6rcr or- all o,v�tuF:7
beljllj a£ PC -or and of valuable itltore�jtj therein SOughb to be ir,e.ketl o�
�uricua lv affec ted which list or coil shall also uesc Vibe uhe P rope rt�
berlefi4 ia] ly o.fie�
..tec,
Ai, Lou t; Via roni '
,.e C S`?rPell
ey L,B. S1.auPhte
r
Clerk of the 8oe.rd 913residerlu� .
RGCGrd No ti 000daoogoo
1
boara me L iI1 re Page 544 •
,ruega& regular 3e39 i011 u,t, 9:00 A.M. All' Members present.
y De;,embe r 2nd 1925
Engitiee c filed a, ,
beneftta for t5essmeliL rGl1 er' e,ve,rt of cia,me:Ee3 arid asae3smonL5 0
the vactst lcr�. of a tj�t;, ,, f 1, ,cc. Pour feat wiciQ aff of the vies'
:a isle cf the alley lvjj1L7. e }ct�
t.i.t1P. Of the TP.1•rN �i.&lk`v0 5Li1Ct LGEle3'sP
_� •- s^.� C`.,.i„.r .5.,.>i•�r to t.l1n T`4 C„' n.17nV vr;!'tr? or' F+,,-Piiiz Ai