HomeMy WebLinkAbout#2004- Deed; GRANT OF TEMPORARY EASEMENT Revocable Trust dated 7-14-93Z-, i'�E E i
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THIS GRANT OF EASEMENT is made this 21st
City of South Bend, Indiana, through its Board
in favor of The Herman M. New Revocable Living
Martha New Revocable Trust dated 7/14/93, its
(Grantee) ,
WITNESSETH THAT:
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ST J(,::..r�, ..r; 'ECORDER
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day of April, 1997, by the
of Public Works (Grantor),
Trust dated 7/14/93 and The
successors and assigns
WHEREAS, Grantee; owns certain real estate located in the City of South
Bend, Indiana, described as follows:
That part of the Northwest quarter of Section 13,
Township 37 North, Range 2 East, City of South Bend,
Portage Township, St. Joseph County, Indiana which is
described as: Beginning at a 5/8" capped rebar set for
the northeast corner of Lot 1 as shown on the recorded
plat of Mary Hutchin's Addition to the City of South
Bend, recorded in Plat Book 2, on page 67, in the
Office of the Recorder of St. Joseph County, Indiana;
thence along the east line of Lots land 3 in said
recorded subdivision, S. 000-12'-45" W., 197.60 Ft.
(197.50 Ft., Record) to a 5/8" capped rebar set for the
southeast corner of Lot 3 as shown on said recorded
plat; thence along the south line of Lot 3, N. 890-521-
14" W., 115.50 Ft. to a 5/8" capped rebar for the
southwest corner of Lot 3; thence along the west line
of Lot 3, N. 000-12'-45" E., 32.00 Ft. to a set 5/8"
G c}.i�rioG reb ati C1 oi+C� N_ f-]?O—^O •-4 l.. •• _ •7 l.pp y-+}. �.w ,.-
5/8" capped rebar; thence N. 000-12'-45" E., 165.00
Ft. to a 5/8" capped rebar set on the south line of
Sample Street; thence along the south line of Sample
Street, S. 890-50'-31" E., 191.50 Ft. to the point of
beginning.
Containing 0.8125 acres; and
WHEREAS, approximately 1.5 feet of the northeast corner of an existing
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Ppp-
_.j on Lot 1 encroaches upon the public right-of-way as indicated by
A/AGSM Land Title Survey, prepared by Pierce and Associates, attached
P�pr:PLT' made a part hereof and marked Exhibit "A"; and
WHEREAS, the Board desires to grant rights of temporary easement for
the purpose of permitting the subject building to continue to encroach upon
the public right-of-way, inasmuch as it
resently
and grant of temporary easement will not pinterfere awpithrtheufree nand asafent
flow of traffic on such public way.
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. In nrporation of ReQitals. 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 a temporary, non-exclusive right, privilege and
easement of approximately 1.5 feet as shown on the attached survey for the
purpose of permitting the existence, maintenance and repair of the existing
building, provided that such building shall not be expanded; and, in the
event that such building, situated on the subject premises, shall be
destroyed, razed or removed for any reason, the, in such event, said
building shall not be rebuilt so as to extend into the public right-of-way
and this Temporary Easement shall be vacated.
3• The Board reserves the right to
revoke this Temporary Easement at any time in the future should it
determine that the extension of the building into the right of way presents
a safety hazard or if the Board determines that the full use of the right
of way 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.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
L;I
ames Caldwell
Carl P. Littrell
iTGZiC�f�.CJl.�,G•.Q
atherine Roem r
AT EST:
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Angelaob, Jerk
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ar' INDIANA )
) SS:
Pt-__JOSE2Ii
C OUNTYNTY )
Before me, the undersigned, a Notary Public in and for said County and
State, personally ap
peared ppeared the City of,outh Bend, Indiana, by
�. ' te4ni, comprising its Board of Public
Works, and a knowledged the execution of the foregoing Grant of Temporary
Easement.
IN WITNESS
official seal on
ve hereunto subscribed my name and affixed -my
1997.
ry Public U
Residing in St. Joseph County, IN
My Commission Expires: �•'•
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