HomeMy WebLinkAbout#2621- Deed; GRANT OF EASEMENT Sanitary Sewer(:R 60-),l z
00238- 3G
THIS INDENTURE made this day of
000, by and between Thomas E. Gyuriak
Sr. and Carol M. Gyuriak (Grantors) and the Civil Cit of south Bend, Indiana, by and through its
Board of Public Works (Grantee), in favor of the Civil City of South Bend, its successors and
assigns.
GRANT OF EASEMENT
SANITARY SEWER
WITNESSETH:
That for One Dollar ($1.00) and other good and valuable consideration, the receipt of which
Grantors hereby acknowledge, Grantors hereby grant, convey, and warrant to Grantee a permanent
easement of the nature and at the location hereinafter set forth as described for the installation,
construction, operation, maintcnance, adjustment, replacement, repair, alteration, removal,
modernization, and use of a sanitary sewer system and related facilities, together with the right of
ingress to and egress from said easement for the purpose of installing, constricting, operating,
maintaining, adjusting, replacing, repairing, altering, removing, and modernizing said system and
other equipment or facilities incident thereto, in, upon, over and under the following described real
estate in the City of South Bend, St. Joseph County, State of Indiana, briefly described as follows:
A parcel of land being a part of the East half of the Southeast quarter of Section 36,
Township 37 North, Range 2 East, Centre Township, City of South Bend, St. Joseph
County, Indiana, Key Number 23-1037-2084, and being described as follows:
Beginning at the Southeast corner of Lot 4, Miami Woods unrecorded subdivision
(said corner being on the West right-of-way Line of Miami Street); thence West a
distance of 15 feet along the South property line of Lot 4; thence North 100 feet
parallel to the West right-of-way of Miami Street to the North line of Lot 4; thence
East 15 feet to the West right-of-way line of Miami Street; thence South,100 feet,
along the West right-of-way line of Miami Street to the place of beginning.
Containing approximately .034 acres more or less and being commonly known as
6115 Miami Road, South Bend, Indiana.
The easement granted herein shall pertain to the air surface and subsurface rights and
interests of the Grantors, for the use and benefit of the Grantee, to the nature and extent that the
Grantee may desire said air, surface and subsurface rights and interests to accomplish and cart' out
the general purpose of this conveyance as the same has hereinabove been expressed. The easement
hereby granted is for the exclusive benefit of the City of South Bend, Indiana, and expressly includes
the right and privilege at reasonable times to clean and remove from said easement such timber,
brush, debris, or other obstructions interfering with the sanitary sewer system.
The Grantee shall restore that area disturbed by its works to as near the original condition as
possible. -
The Grantors reserve the right to use and occupy the surface area on and over the easement
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana,
personally appeared M. Catherine Roemer, Carl P. Littrell and Donald E. Inks 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 0 day of". . 2000.
Notary Public
A resident of St. Joseph County, IN
My Commission Expires:
1-1 D -Cw?
STATE OF INDIANA )
SS:
ST, JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana,
personally appeared Thomas E. Gyuriak Sr. and Carol M. Gyuriak, the Grantors, and acknowledged
the execution of this Grant of Easement as their voluntary act or deed.
WITNESS my hand and Notarial Seal this Pday of_?Vk6 , 2000.
Not Public
A resident of St. Joseph County, IN
My Commission Expires:
-to -6a
This Instrument was prepared by: Michelle Engel, Assistant City Attorney, 1400 County -City
Building, South Bend, IN 46601.
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 the associated benefits and obligation, shall constitute a
covenant running with the real estate, and shall be binding upon the Grantors and be an obligation
thereof of every person or entity now or hereafter having any fee, leasehold, or other interest in all
or any part of the said real estate.
This indenture shall bind and inure to the benefit of the respective successors and assigns of
the parties hereto.
The Grantors hereby covenant with the City of South Bend that they are lawfully seized and
possessed of the parcel of real estate hereinabove described; that they have good and lawful right to
convey and that the property is free of all encumbrances that would conflict with the right herein
granted.
The Grantors hereby release any and all claims from whatsoever cause, incidental to the
exercise of any rights herein granted.
IN WITNESS WHEREOF, Grantors have executed this Grant ofEasement for sanitary sewer
system on the date shown on the acknowledgment set forth herein.
GRANTORS:
Thomas E. Gyunak
Carol M. Gyuri
GRANTEE:
CITY OF SOUTH BEND
BOARD OF PUBLIC WO
M. Catherine Roemer, Presi ent
(� 2,, c P, ;e�, ar
Carl P. Littrell, Member
NCC
LIJ Donald E. Inks, Member
�,Caij C �� •s� llf�^ L.
EST:
co
Angela K. J cob, Clerk
CP 1r'
0023a�6-
P I I
1316 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
Cm of SOUTH BENE) STEPHEN,J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
June 27, 2000
Mr. Thomas Gyuriak
6115 Miami Road
South Bend, Indiana 46614
RE: Grant of Easement
Dear Mr. Gyuriak:
PHONE219/235-9251
FAx 219/235-9171
TDD 219/235-5567
The Board of Public Works recorded the Grant of Easement with the St. Joseph County
Recorder's Office. A copy is enclosed for your records.
If you have any questions, please call me at (219) 235-9251.
Sincerely,
12
0Ancob, Jerk
Enclosure