HomeMy WebLinkAbout#2038- Deed; GRANT OF EASEMENT Construction of an outswinging door2038
Near Northwest Neighborhood, Inc.
1005 Portage Avenue
Key #18-1073-3092
Construction of an outswinging door, accommodating
handicapped people, and necessary for fire safety, will
encroach in the public right-of-way
1316 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SouTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
December 15, 1997
Mr. Todd Zeiger, Director
Near Northwest Neighborhood, Inc.
1005 Portage Avenue
South Bend, Indiana 46616
RE: Grant Of Easement
Key No. 18-1073-3092
Dear Mr. Zeiger:
PHONE219/235-9251
FAx 219/235-9171
TDD 219/235-5567
The Board of Public Works, at its meeting held October 20, 1997, approved your Grant of
Easement. Additionally, it has been recorded with the Recorder's Office. Enclosed is a copy for
your records.
If you have any questions, please call me.
Enclosure
Sincerely,
vr
Angela . Jacob, rk
JAMES R. CALDWELL M. CATHFRINE ROEMER
J:43433
GRANT OF EASEMENT
Entrance for Handicapped Access and Fire Safety
Encroachment in Public Right -of -Way
THIS GRANT OF EASEMENT made this day ofCr�C2U�,
1997, by the City of South Bend, Indiana, through its Board of
t=�3. Public Works (Grantor), in favor of Near Northwest Neighborhood,
Inc., its successors and assigns (Grantee).
WITNESSETH THAT:
WHEREAS, Near Northwest Neighborhood, Inc. owns certain real
estate located at 1005 Portage Avenue in the City of South Bend,
Indiana; and
WHEREAS, the construction of an outswinging door,
accommodating handicapped people, and necessary for fire safety,
will encroach in the public right-of-way; and
WHEREAS, the Board of Public Works desires to grant rights of
easement for the purposes described herein, inasmuch as it
presently appears such encroachment and grant of easement will not
interfere with the free and safe 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 of sufficiency of which is hereby acknowledged, the
parties agree as follows:
1) Grant of Easement. The Board of Public Works of the City
of South Bend does hereby grant to Near Northwest Neighborhood,
Inc., its successors and assigns, an exclusive right, privilege and
easement for its swinging door for handicapped access and fire
safety in the City of South Bend, Indiana, in the building located
on 1005 Portage Avenue, more particularly described as follows:
Key #18-1073-3092
Commencing at the South -East corner of the building;
thence North along the building facade a distance of 8
feet, to the point of beginning and being the same as the
West right-of-way of Portage Avenue; thence East 4 feet
at a 9010 angle to the facade; thence North 4 feet
parallel to the facade; thence West 4 feet at 900 angle
to the facade; thence South 4 feet to the point of
beginning. Containing 9 square feet.
2) Appurtenant. The easement granted herein shall benefit
and be appurtenant to the Northwest Neighborhood, Inc. structure.
3) Easement Revocable bM Board. The Board of Public Works
reserves the right to revoke this easement at any time it should
determine the swinging door into the right-of-way presents a safety
hazard to the public or if the Board of Public Words determines the
full use of the right-of-way at this location is required. If the
Board of Public Works so determines, it may take action to revoke
this easement at any regularly scheduled Board meeting, and such
easement shall thereafter be vacated.
4) Indemnification. Near Northwest Neighborhood, Inc.
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 attorney fees,
arising from the use of the public right-of-way by Grantee as
permitted by this Grant of Easement.
GRANTEE:
GRANTOR:
NEAR NORTHWEST NEIGHBORHOOD INC. CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
BYTcldkg
Zeiger, Director Carl P. Littrell
Ja aldwell
.,A. C therine Roemer
ATf!'EST
Angela KJ Jacob, Cler
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY }
Before me, the undersigned, a Notary Public in and for St.
Joseph County, Indiana, personally appeared Carl P. Littrell, James
R. Caldwell and M. Catherine Roemer, 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 this Grant of Easement
as their voluntary act or deed.
WITNESS my hand and Notarial Seal this ��day of
1997.
Notary , pti i.e
A resident of St . Josephs CCoAnt�yI N
My Commission Expires.
s
,NA
SS:
ST. JOSEPH COUNTY
Before me, the undersigned, a Notary Public in and for St.
Joseph County, Indiana, personally appeared Todd Zeiger, personally
known by me to be the Director of Near Northwest Neighborhood,
Inc., and acknowledged the execution of this Grant of Easement as
their voluntary act or deed.
WITNESS my hand and Notarial Seal this (_X. day of
1997.
Notary Public
A resident of St. Joseph Col�y; iN
.:i •
My Commission Expires:
S' <4.
This Instrument was prepared by: Michelle Engel, Assistant City
Attorney, 1400 County -City Building, South Bend, IN 46601.
�=
rn
o
rat;,
T
=C
C:)
IV
Y
70 Q
(=7>
�
�O
9 : 43433
SSTEPHEOSEPNE. J RECORDER
AV4ORSKI
OOUtlyy RECORDER
!qq i OCT 21 P 3. 1 u
ST JOSEPH COUHTY
STATE OF IR'DIANA
FILED FOR RECORD
INDEXED