HomeMy WebLinkAbout#2585- Deed; GRANT OF EASEMENT Erect and maintain a sign in public right-of-way�^_, - f .�
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AGREEMENT FOR EASEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into
this day of March, 2000, by and between the CITY OF SOUTH BEND by and through
its Board of Public Works, (hereinafter referred to as "Grantor") and the ERSKINE PLAZA
ASSOCIATES, an Indiana Partnership, (hereinafter referred to as the "Grantee").
WITNESSETH
WHEREAS, Grantor has legal authority over public rights -of -way located within the
boundaries of the City of South Bend.
WHEREAS, pursuant to a decision made by the Grantor in 1988, Grantee has acquired
certain rights to erect and maintain a sign located in the public right-of-way on High Street, City
of South Bend, Indiana.
WHEREAS, it is the desire of the Grantor and Grantee to formalize the rights granted by
Grantor and acquired by Grantee pursuant to said 1988 decision.
WHEREA&;,--the legal description of the real estate on which Grantee has erected and
maintained a sign since 1988 is described in Exhibit A (hereinafter referred to as the "Easement
Area") which is attached hereto and made a part of this Agreement.
WHEREAS, the Easement Area is further described for purposes of illustration in the
cross -hatched area contained in the sketch attached hereto and made a part hereof as Exhibit B.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged, the Grantor does hereby grant unto Grantee, its successors and assigns, the
following exclusive easements and rights to the Easement Area.
I. The easement granted herein shall be used only for the purpose of constructing
and/or maintaining signage for the Erskine Plaza Shopping Center which is located
to the south of the Easement Area.
2. The easement granted herein includes incidental rights of maintenance, repair and
replacement.
3. The easement and all interests and rights created hereby are, and shall remain,
exclusive and subject to use of the Easement Area by Grantee and its successors
and assigns.
4. Grantor retains, reserves and shall continue to enjoy its lawful authority over the
public right-of-way known as High Street so long as it does not interfere with or
prevent the use by Grantee of the Easement Area.
5. The Grantee shall and will indemnify and save the Grantor harmless from and
against any and all damages, injuries, losses, claims, demands or costs proximately
caused by the fault, culpability or negligence of the Grantee in the installation,
maintenance, operation, repair, or replacement of said signage, shall provide when
requested a certificate of insurance naming the Grantor as an additional insured for
liability claims that may result from the sign occupying the Easement Area.
6. This instrument contains the entire agreement between the parties relating to the
rights herein granted and the obligations herein assumed.
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed on the day
and year first above written.
GRANTOR
CITY OF SOUTH BEND
By and Through its Board of Public Works
M. Catherine Roemer, President
Carl P. Littreil
Attest:
Angela Ja b, Clerk(/
§Pand of Public Works
'0 South Bend, Indiana
ER3 It4t PXELA ASSOCIATES
By:
Christopher Davey
Its Managing General Partner
2
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said County and State, personally
appeared Christopher Davey, Managing General Partner of Erskine Plaza Associates and
acknowledged the execution of the foregoing Agreement for Easement.
In witness whereof, I have hereunto subscribed my name and affixed my official seal, this day of March, 2000.
yciin�ission expires:
Notary I ublic
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Notary Public State Of
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St Joseph Counlndiana
ty
Cammission fix.
ros: October 24, 2007
This instrument prepared by Richard A. Nussbaum, II, Sopko, Nussbaum & Inabnit, P.O. Box
300, South Bend, Indiana 46624.
celrelelerskine.eas
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EASEMENT AREA DESCRIPTION
DESCRIPTION:
A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 25,
TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, CENTRE
TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
-COMMENCING AT A POINT ON THE NORTH LINE OF LOT NUMBERED 2 OF
ERSKINE PLAZA MINOR SUBDIVISION (RECORDED INSTRUMENT NO. 8727807)
AT THE INTERSECTION OF THE SOUTH LINE OF HAWBAKER STREET AND THE
CENTERLINE OF HIGH STREET;
THENCE NORTH 00'00'00" EAST (ASSUMED BEARING) ALONG THE CENTERLINE
OF HIGH STREET, A DISTANCE OF 337.01 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF IRELAND ROAD (30 FOOT HALF RIGHT-OF-WAY), THE
"POINT OF BEGINNING" OF SAID PARCEL OF LAND HEREIN DESCRIBED;
THENCE SOUTH 88'40'27" WEST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF
IRELAND ROAD, A DISTANCE OF 11.00 FEET;
THENCE SOUTH 00'00'00" WEST, A DISTANCE OF 38.42 FEET;
THENCE NORTH 88'40'27" EAST, A DISTANCE OF 11.00 FEET;
THENCE NORTH OWCO'00" EAST, A DISTANCE OF 38.42 FEET TO THE "POINT
OF BEGINNING".
CONTAINING 422.5 SQUARE FEET, MORE OR LESS.
NOTES:
1. THE ABOVE 'DESCRIPTION' WAS CREATED FROM THE INFORMATION CONTAINED IN EXISTING RECORD DESCRIPTIONS.
SAID DESCRIPTION IS NOT
INTENDED OR REPRESENTED TO BE A LAND OR PRCPERTY LINE SURVEY. NO PROPERTY CORNERS WERE SET
2. NO UABRITY WILL BE ASSUMED FOR ANY USE OF THIS DATA FOR CONSTRUCTION OR NEW IMPROVEMENT&
D. IF A MORE ACCURATE OR DETAILED PROPERTY DESCRIPTION IS DESIRED, OR IF CORNEA MONUMENTS ARE REQUIRED. A INDIANA LAND TITLE
SURVEY SHOULD BE ORDERED.
SCALE
DATE:
DRAWTI:
CHECK£0:
I'-20'
02--12-00
PALM & ASSOCIATES
MEE
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Consntung Fln&cers At Land Surveyors
DDBO 8. U.S. E14ghTruy 20. P.D..Box 960
—4 Ner C-11.1c, In. HID66(219) 96d - Od50
1 SHEET NUMBER:
2�2
BOOK:
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ACAD FILE NAME:
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EXHIBIT A
PROPERTY DESCRIPTION SKETCH
IRELAND ROAD
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11.00'7 P.O.B �OIR URIGHT—OF—WAY LINE
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HA WBAKER ST. I I 0 20 40
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FIIGH STREET EXTENDED SOUTH TO
SOUTH LINE OF THE NORTH LINE OF LOT 2, ERSKINE
HAWSAKER STREET — 1,��P
LAZA MINOR REC. DOC. NO. 8727807
LOT 2--�---
ERSKINE PLAZA MINOR
REC, INSTR, NQ, 8727807
NOTES
I. THE ABOVE 'DESCRIPTION' WAS CREATED FROM THE MFORMAT10N CONTAINED IN EXISTING RECORD DESCRIPTIONS. SAID DESCRIPTION IS Nor
INTENOED OR REPRESENTED TO BE A LANO OR PROPERTY LINE SURVEY, NO PROPERTY CORNERS HERE SET
Z NO UAEWTY HILL EE ASSUMED FOR ANY USE OF THIS DATA FOR CORSTRUC71ON OR NEW IMPROVEMENTS
J. IF A MORE ACCURATE OR DETAILED PROPERTY DESCRIPT10H IS DESIRED, OR IF CORNER MONUMENTS ARE REWIRED, A INDIANA LAND TITLE
SURVEY SHOULD BE ORDERED.
SCALE, DATE: DRAW CHEI
I-r2o PALM & ASSOCIATES os-22—oD :.+es
Consulting Engineers & Land Surveyors
SNEET NUMBER; BOOK. 8888 g. U.S. Mghwey 20, P.O. Box 060 ACAD FILE NAME--
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t /L oirr Now Carlisle, 1q. 48562 (210) 0154 - U480 roi„c
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EXHIBIT B
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