HomeMy WebLinkAbout#1687- Deed; GRANT OF PERPETUAL EASEMENT Portion of First North-South Alley east of US 31 & 33/w 7
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Original iu Rcorder
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GRANT OF PERPETUAL EASEMENT
UNDERGROUND PHONE LINES
THIS INDENTURE made this day of .J &AA , 1994, by and
between the City of South Bend, Indiana, by and through its Board
of Public Works (hereinafter "Grantor"), and Memorial Health
Properties, Inc. (hereinafter "Grantee").
WITNESSETH:
That for One Dollar ($1.00) and other good and valuable
consideration, the receipt of which Grantor hereby acknowledges,
Grantor hereby grants, conveys, and warrants to Grantee a perpetual
easement of the nature and at the location hereinafter set forth
and described for the installation, construction, operation,
maintenance, adjustment, replacement, repair, alteration, removal,
modernization, and use of underground telephone lines, together
with the right of ingress to and egress from said easement for the
purpose of installing, constructing, operating, maintaining,
adjusting, replacing, repairing, altering, removing, and
modernizing said system and other equipment of facilities incident
thereto, in, upon, and under the following described real estate in
the City of South Bend, St. Joseph County, State of Indiana,
briefly described as follows:
A portion of the first north -south alley east
of U.S. 31 and 33 between Navarre Street and
Bartlett Street in the City of South Bend,
Indiana, beginning at the intersection of said
alley with the first east -west alley (now vacated)
north of Navarre Street, a six foot wide portion
of said alley measured from the west boundary
thereof extending from said beginning point to the
intersection of said alley with the south line
of Bartlett Street.for the installation of a
four inch (4") PVC conduit thirty (30") to
thirty-six (3611) inches deep to be owned by
Memorial Hospital of South Bend and used for
installation of a telephone line.
Grantee will restore the area disturbed by its work to as near
the original condition as possible.
The Grantor reserves the right to use and occupy the surface
area on and over the easement provided that said use and occupancy
does not in any way conflict or obstruct the Grantee's right to use
said surface for the purposes and intentions hereinabove expressed.
The easement granted herein and its associated benefits and
obligations, shall constitute covenants running with the real
estate and shall be binding upon the Grantors.
This indenture shall bind and inure to the benefit of the
respective successors and assigns of the parties hereto.
Grantee agrees to indemnify, defend and hold harmless the City
of South Bend, Indiana, its agents and employees, from any claim,
suit, cause of action or loss of any kind, including attorneys
fees, arising from the use of the easement granted herein.
CH PROPERTIES, INC.
BY
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
GRANTOR:
CITY OF SOUTH BEND
BOARD OF UBLI WORMS
l
J hn E. Leszczyn
resident
J'me5�±sn
. Caldwel , Member
6�11enny Puts Manier, member
ATTEST:
Sandra M. Parmerlee, Clerk
Before me, the undersigned, a Notary Public in and for said
County and State, personally appeared John E. Leszczynski, James R.
Caldwell and Jenny Pitts Manier, personally known by me to be
members of the Board of Public Works of the City of South Bend,
Indiana, and acknowledged the execution of the same as their
voluntary act or deed.
WITNESS my hand and Notarial Seal this --O day of
r
1994.
SANp1clk iJ1. Pi�('12(�E� NotaryPublic
A resident of St. Joseph County,
Indiana.
My Commission Expires:
ST. JOSEPH COUNTY
SS:
}
Before me, the undersigned, a Notary Public in and for said
County and State, Personally appeared -Tyz7,/� DG'/'C" 7T ;
known by me to be an agent of Memorial Health Properties, Inc., the
Grantee, and acknowledged the execution of the same as his/her
voluntary act or deed.
WITNESS my hand and Notarial Seal this day of z, <<
1994. it
,L�LiC 1�C �Ji' • CC�sFrL-�-
1-_Z-01 iAl� /j' ,)/-)/)Z.'Nota.ryPublic
A resident of St. Joseph County,
Indiana.
My Commission Expires:
This Instrument was Prepared by: Anne Bruneel, Assistant City
Attorney, 1400 County -City Building, South Bend, IN 46601
NSACTIONS
use in St.Joseph County (8/93)
.DUPLICATE YLI)9'Y 7 7
Notwlthslanding IC 5-14.3, a dales disclo-
sure form is not a publlc record and may
only be used by the Slate 90ard of Tax
Commissloners orpersons acting on bohall
of the State Board of Tax CommlSeloners.
F W Name
CITY OF SOUTH BEND, by and throug
M,1. Lest Name
its Board of Public Works
Socinl Security number or Fedornl ID number (optional)
Adoless (number end sheel)
12th Floor, County -City Bldg.
CRy, Town or Post Cfllce
South Bend
State
IN
ZI Code
46601
First Namo
M.I.
Last Name
MEMORIAL HEALTH PROPERTIES, INC.
Social security number or Federal ID number (opl onaq
Address (number end street)
Gly. Town or Post Chico
code
Stale p6601
IN
South Bend
Address (number and arreeQ
City. Town or Pod Orrice State Zip Code
V
Parcel or Key number
•
• County
Township name
Portage
Property class coda (chealt one) ❑ Residential ❑ Commerclal ❑ Industrial
❑ Mineral ❑ Agricultural ❑ Other (specify)
T� 4
..: a t
Does the transaction wanly as an exempt tramadion7
If Yes, specify the number of the exemption and skip to the signature section below, (To determine the number of the
Yes (J No
exemption see section snlitled'Exempt Transactions' below) Reason number 11
Exempt Transactions
It the document to be recorded clearly indicates that It Is an exempt transaction, please certify that the transaction Is exempt and provide the reason number.
1. Security Interest document such as mortgage and trust deeds 7. Transfer for no consideration or gut
2. Leases that are lot a term of less than ninety (90) years 8. Do.:umenis Involving the partition of land tenants In common, joint tenants or
3. Document for compulsory transactions as a result of loreclosuro or express threat of lonenis by the entirely
foreclosure, divorce, court order• condemnation or probate 9. Re-recording to correct prior recorded documonl
4 Transfer to a charity 10. Deeds placed in escrow prior to July I, 1993
5. Agreements and othor documanls for mergers, consolidations and incorporalions I I . Easomonts 1 Right of Way Grants for no consideration
involving solely nonlisted stock 12. Documents executed prior to July 1, 1993, but not previously recorded
6. Quitclaim deeds not serving as a source of title
it
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The parties to a real property conveyance document are required to file this form and atlosl in writing and under the penallos of podury that the Information contained heroin is true and
cofrecl. A person who knowinqly and intentional) falsifies any inlormafion required on this form commits a Class C misdemeanor.
Under Penellfos of Perjury, I hereby certify that this Sales Disclosure, to the best of my knowledge and belief, Is true, correct and complete as required by law, and Is
prepared In accordance with tC 6-1.1-5.5, "Fleet Property Sales Disclosure Act".
For an exempt transaction only one signature (seller, buyer or either's representative) is required.
Signature of sell representative
Telephone number Dale signod (mnn(h, day, year)
(219) 235--9241
ti
Signat of buyer o res ni
Telephone numb -or Date slgnod (mon' ,day year)
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This instrument prepared by Bruce R, Bancroft, Attorney -at -Law, Barnes & Thornburg,
600 Ist Source Bank Center, 100 North Michigan Street, South Bend, Indiana 46601
ultu xxXa
GRANT OF PERPETUAL EASEMENT
UNDERGROUND PHONE LINES; )
THIS INDENTURE made this day of �(kJ , 1994, by and
between the City of South Bend, Indiana, by d through its Board
of Public Works (hereinafter "Grantor"), nd Memorial Health
Properties, Inc. (hereinafter "Grantee"
That for One Dollar ($1.00) and other good and valuable
consideration, the receipt of which Grantor hereby acknowledges,
Grantor hereby grants, conveys, and warrants to Grantee a perpetual
easement of the nature and at the location hereinafter set forth
and described for the installation, construction, operation,
maintenance, adjustment, replacement, repair, alteration, removal,
modernization, and use of underground telephone lines, together
with the right of ingress to and egress from said easement for the
purpose of installing, constructing, operating, maintaining,
adjusting, replacing, repairing, altering, removing, and
modernizing said system and other equipment of facilities incident
thereto, in, upon, and under the following described real estate in
the City of South Bend, St. Joseph County, State of Indiana,
briefly described as follows:
A portion of the first north -south alley east
of U.S. 31 and 33 between Navarre Street and
Bartlett Street in the City of South Bend,
Indiana, beginning at the intersection of said
alley with the first east --west alley (now vacated)
north of Navarre Street, a six foot wide portion
of said alley measured from the west boundary
thereof extending from said beginning point to the
intersection of said alley with the south line
of Bartlett Street for the installation of a
four inch (4") PVC conduit thirty (30") to
thirty-six (36") inches deep to be owned by
Memorial Hospital of South Bend and used for
installation of a telephone line.
Grantee will restore the area disturbed by its work to as near
the original condition as possible.
The Grantor reserves the right to use and occupy the surface
area on and over the easement provided that said use and occupancy
does not in any way conflict or obstruct the Grantee's right to use
said surface for the purposes and intentions hereinabove expressed.
The easement granted herein and its associated benefits and
obligations, shall constitute covenants running with the real
estate and shall be binding upon the Grantors.
This indenture shall bind and inure to the benefit of the
respective successors and assigns of the parties hereto.
Grantee agrees to indemnify, defend and hold harmless the City
of South Bend, Indiana, its agents and employees, from any claim,
suit, cause of action or loss of any kind, including attorneys
fees, arising from the use of the easement granted herein.
,NTEE :
ORIAL HEALTH PROPERTIES, INC.
STATE OF INDIANA }
ST. JOSEPH COUNTY } SS:
GRANTOR:
CITY OF SOUTH BEND
j
RD OFU LI WORKS
n E. Leszczynsident
mes Caldwel Member
envy P' �t��
anier, Member
AT ST:
r�-ct�`7'ril.
Sandra M. Parmerlee, Clerk
Before me, the undersigned, a Notary Public in and for said
County and State, personally appeared John E. Leszczynski, James R.
Caldwell and Jenny Pitts Manier, personally known by me to be
members of the Board of Public Works of the City of South Bend,
Indiana, and acknowledged the execution of the same as their
voluntary act or deed.
��
WITNESS my hand and Notarial Seal this ,N 1994. o�day of
My Commission Expires:
-7—; U-- glo
S/�ND iJl. I+2fr2lEEf NotaryPublic
A resident of St. Joseph County,
Indiana.
TE OF INDIANA )
) SS:
JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for said
tty and State, Personally appeared
-•��'n by me to be an agent of Memorial Health Properties, Inc. , the
Grantee, and acknowledged the execution of the same as his/her
voluntary act or deed.
1994.
WITNESS my hand and Notarial Seal this day of
,
NotaryPublic
A resident of St. Joseph County,
Indiana.
My Commission Expires:
This Instrument was Prepared by: Anne Bruneel, Assistant City
Attorney, 1400 County -City Building, South Bend, IN 46601