HomeMy WebLinkAbout#2055- Deed; GRANT OF EASEMENT Construction easement for Morris Civic2055
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GRANT OF EASEMENT
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1 Redevelopment Authority
Vacated Nordi/South Alley
Construction easement for Morris Civic
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GRANT OF EASEMENT
This Grant of Easement ("Easement") is made this 23rd day of
February, 1998, by the CITY OF SOUTH BEND, INDIANA, by and through its
Grantor of Public Works (Grantor), in favor of the South Bend
Redevelopment Authority (Grantee).
BACKGROUND
A. The Grantee is or will be the fee simple owner of certain
real property located in the City of South Bend, St. Joseph County,
Indiana, legally described on Exhibit A attached to this Agreement (the
"Property")
B. The City of South Bend intends to make certain improvements
to the Morris Civic Auditorium and Palais Royale Ballroom (the
"Project").
C. The construction of the Project will necessitate the use of
the alley property described at Exhibit B (the "Easement Area") for
foundations, construction and paving.
D. The Grantor has custody and control of public right of way
within the City of South Bend.
AGREEMENT
Therefore, for valuable consideration, the receipt and sufficiency
of which is acknowledged by the parties, it is agreed as follows:
1. Grant of Easement. Effective immediately upon execution of
this Agreement, the Grantor hereby conveys and warrants to the Grantee,
its successors and assigns, for the benefit of the Property, an easement
in perpetuity to use and occupy the Easement Area for purposes of
construction, paving, and foundations (the "Easement") . The Easement
shall be appurtenant to the Property and not be construed as an easement
in gross.
2.1 Recording. This Easement shall be recorded in the St.
Joseph County Recorder's Office.
2.2 Entire Agreement and Amendments This Easement,
together with any .Exhibits and documents referred to herein constitute
the entire understanding between the parties hereto with respect to the
subject matter of this Easement and supersedes any and all prior
arrangements or understandings between the parties regarding the subject
matter of this Easement.
2.3 Exhibits. All exhibits attached hereto are hereby
incorporated by reference and made a part hereof.
2.4 Assignment anCj SliCcessn_rs. The provisions and
covenants contained herein shall run with the land and inure to the
benefit of and be binding upon the successors and assigns of the parties
hereto.
2.5 Paraaraph Headings The headings of the paragraphs of
this Agreement are inserted solely for convenience of reference, and are
not intended to govern, limit or aid in the construction of any term or
provision hereof.
IN WITNESS WHEREOF, the undersigned have executed this document as
of the day and year first hereinabove written.
CITY OF
SOUTH BEND
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al�dwel1,President
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Carl P.
Littrell, Me
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Catherine Roemer,
Member
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Angela K. Jacob, C1e,
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STATE OF INDIANA
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COUNTY OF ST. JOSEPH )
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Before me, a Notary Public in and for said County and State
personally appeared James R. Caldwell, Carl P. Littrell, and M.
Catherine Roemer, known to me to be members of the City of South�B�ii�,r,.
Board of Public Works, and acknowledged the execution of the faega' �c7°"�'•.
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Agreement as their volu�pp,�ry act and_ ee for and on behalf of�;'�'a�i� �..-....
municipality this day of 1998
Notary'
Residing in St. Joseph County;
My Commission Expires:
This document prepared by Anne E. Bruneel, Chief Assistant City
Attorney, 1400 County -City Building, South Bend IN 46617
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EXHIBIT B
LEGAL DESCRIPTION
EAST/WEST ALLEY - MAIN ST. TO MICHIGAN ST.
10
THE FIRST EAST/WEST ALLEY NORTH OF WEST COLFAX AVENUE FROM THE
EAST RIGHT-OF-WAY OF NORTH MAIN STREET TO THE WEST RIGHT-OF-WAY OF
NORTH MICHIGAN STREET FOR A DISTANCE OF APPROXIMATELY 344 FEET AND
A WIDTH OF 14 FEET.
BEGINNING AT THE NORTHWEST CORNER OF LOT 9, ORIGINAL PLAT OF SOUTH
BEND, BEING THE SAME AS THE EAST RIGHT-OF-WAY OF NORTH MAIN STREET
AND THE SOUTH RIGHT-OF-WAY OF THE EAST/WEST ALLEY; THENCE NORTH 14
FEET ALONG THE EAST RIGHT-OF-WAY OF NORTH MAIN STREET EXTENDED TO
THE SOUTHWEST CORNER OF LOT 10, BEING THE SAME AS THE EAST RIGHT-OF-
WAY OF NORTH MAIN STREET AND THE NORTH RIGHT-OF-WAY OF THE
EAST/WEST ALLEY; THENCE EAST A DISTANCE OF APPROXIMATELY 344 FEET TO
THE WEST RIGHT-OF-WAY OF NORTH MICHIGAN STREET; THENCE SOUTH 14
FEET ALONG THE WEST RIGHT-OF-WAY OF NORTH MICHIGAN STREET TO THE
NORTHEAST CORNER OF LOT 4, BEING THE SAME AS THE WEST RIGHT-OF-WAY
OF NORTH MICHIGAN STREET AND THE SOUTH RIGHT-OF-WAY LINE OF THE
EASTIWEST ALLEY; THENCE WEST APPROXIMATELY 344 FEET ALONG THE
SOUTH RIGHT-OF-WAY OF THE ALLEY, TO THE POINT OF BEGINNING.
PART LOCATED IN THE ORIGINAL PLAT OF SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA. CONTAINING .11 ACRE.
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98 FEB 25 PH 2: 16
ST. JOSEPH CO, r-.�.CCRDER
STATE OF INDL-'NA
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