HomeMy WebLinkAbout#2632- Deed; GRANT OF EASEMENT Ingress, Egress & ParkingLa
C- ra
-1:n
L c As ,
-$Z63Z
GRANT OF EASEMENT
INGRESS/EGRESS
INDENTURE made this day of Jt/n , 2000, by and
bwt en Civil City of South Bend, by and through its Department of Public Works (Grantor) and
James H. Ringler and Jane Ringler (Grantees), in favor of James H. Ringler and Jane Ringler,
their successors and assigns.
WHEREAS, Grantor represents and warrants that it is the fee simple titleholder to certain
real estate located in St. Joseph County (hereinafter the "servient tenement"), State of Indiana,
described more particularly as follows:
That part of the Northwest Quarter of Section 13, Township 37
North, Range 2 East, City of South Bend, St. Joseph County,
Indiana which is known as Lots 4, 5, the East half of Lot 6 and the
proposed vacated Columbia Street between said Lots 4 and 5 all
being a part of the recorded plat of "Kirby's Addition", as recorded
in the office of the Recorder of St. Joseph County, Indiana and
being more particularly described as:
Beginning at a point on the North Line of Lot 6 which is N. 89°-
44'-10" W., 24.77 ft.. (East, 24.75 ft., Record) from the Northeast
Corner of said Lot 6; thence along the North Line of said Lots,
S. 890-44'-10" E., 143.84 ft. (East, 143.75 ft., Record) to the North-
east Corner of said Lot 4; thence along the East Line of said Lot 4,
S. 010-02'-58" W., 132.94 ft. (South, 132.00 ft., Record) to the
Southeast corner of said Lot 4; thence along the South Line of said
Lots, N. 89°-39'-58" W., 143.82 ft, (West 143.75 ft., Record) to a
point on the South Line of said Lot 6 which is N. 89°-39'-58" W.,
24.76 ft. (West, 24.75 ft., Record) from the Southeast Corner of
said Lot; thence N. Ol°-02'-30" E., 132.76 ft. (North, 132.00 ft.,
Record) to the point of beginning. Containing 0.4386 acres.
Subject to all legal highways, easements and restrictions; and
WHEREAS, Grantees desire and Grantor is willing to grant an easement to Grantees for
the purpose of ingress and egress across a portion of the above -described real estate.
WITNESSETH:
That for One Dollar ($1.00) and other good and valuable consideration, the receipt of
which Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantees a
permanent easement of the nature and at the location hereinafter set forth as described for
ingress/egress for vehicles on the following -described real estate, in the City of South Bend,
St. Joseph County, State of Indiana, and described more fully as follows:
The West 25.00 feet of the East 41.00 feet of the North 114.00 feet of Lot
Numbered Four (4) as shown on the recorded Plat of J.F. Kirby's Addition
0
to the City of South Bend, the Plat of which is recorded in Plat Book 2,
Page 56 in the Office of the Recorder of St. Joseph County, Indiana. Said
Easement containing 2850 square feet, more or less.
Said easement is for the express benefit of a certain real estate (hereinafter the "dominant
tenement"), of which Grantees represent and warrant that are the fee simple titleholders, and
which real estate is described as follows:
Lots Numbered One (1), Two (2) and Three (3) as shown on the
recorded Plat of J.F. Kirby's Addition to the City of South Bend,
the plat of which is recorded in the Office of the Recorder of
St. Joseph County, Indiana, in Plat Book 2, page 56, together with
the North one-half of the vacated alley lying South of and adjacent
to said Lots.
The easement granted herein shall pertain to the air surface and subsurface rights and
interests of the Grantor, for the use and benefit of the Grantees, to the nature and extent that the
Grantees may desire said air, surface and subsurface rights and interests to accomplish and carry
out the general purpose of this conveyance as the same has hereinabove been expressed. The
easement hereby granted is for the exclusive benefit of James H. Ringler and Jane Ringler.
The Grantor reserves the right to use and occupy the surface area on and over the
easements provided that said use and occupancy does not in any way conflict or obstruct the
Grantees' right to use said surface for the purposes and intentions hereinabove expressed.
The Grantees shall not erect permanent structures, including, but not limited to, buildings,
fences and signs on said surface. Grantees shall bear full responsibility for the use and enjoy-
ment of the property and shall hold Grantor harmless for any claim for damages as to personal
premises resulting from the use and enjoyment thereof by Grantees.
IN WITNESS WHEREOF, Grantor has executed this Grant of Easement for ingress/
egress on the date shown on the acknowledgment set forth herein.
GRANTEES:
Ja H. Ring
J Ringler
2
GRANTOR:
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
�M� t t /?
tk
Gary A. Gilot, President
M. therine Roemer, Member
612UE. Inks, Member
`,�tttpNertrrrre6�4+i .
A7�ST: E3 L.._ .
Angela K. Lcob, Clerk
STATE OF INDIANA ) ,
fir..:'. .
C fr yl4
C
ST. JOSEPH COUNTY
Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana,
personally appeared Gary A. Gilot, M. , 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) i2:t day of , 2000.
0 As)�do
Notary Public
A resident of St. Joseph County, IN
My Commission Expires:
STATE OF INDIANA )
)SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana,
personally appeared James H. Ringler and Jane Ringler, the Grantees, and acknowledged the
executi • n,,Qf_ this Grant of Easement as their voluntary act or deed
\MTNESS*my hand and Notarial Seal this day of .tJ 22000.
W �iej tj , Notary Public
A resident of St. Jos h County, IN
11 y IZonim ssioti"Expires:
This Instrument was prepared by: Aladean M. DeRose, Chief Assistant City Attorney,
1400 County -City Building, South Bend, IN 46601.
F:1C1ients\M0498197002%Grant ofEasement-4ngress--Egress.wpd6/28/00 10:25 AM
00 JUL -5 A1111, 1 1
GRANT OF EASEMENT
PARKING
tI,�r- -'] INDENTURE made thisaj��' day of C/!l/7 2000, by and
~: between; ivil City of South Bend, by and through its Department of Public Works (Grantor) and
James H. Ringler and Jane Ringler (Grantees), in favor of James H. Ringler and Jane Ringler,
their successors and assigns.
WHEREAS, Grantor represents and warrants that it is the fee simple titleholder to certain
real estate located in St. Joseph County (hereinafter the "servient tenement"), State of Indiana,
described more particularly as follows:
That part of the Northwest Quarter of Section 13, Township 37
North, Range 2 East, City of South Bend, St. Joseph County,
Indiana which is known as Lots 4, 5, the East half of Lot 6 and the
proposed vacated Columbia Street between said Lots 4 and 5 all
being a part of the recorded plat of "Kirby's Addition", as recorded
in the office of the Recorder of St. Joseph County, Indiana and
being more particularly described as:
Beginning at a point on the North Line of Lot 6 which is N. 89"-
44'-10" W., 24.77 ft.. (East, 24.75 ft., Record) from the Northeast
Corner of said Lot 6; thence along the North Line of said Lots,
S. 890-44'-10" E., 143.84 ft. (East, 143.75 ft., Record) to the North-
east Corner of said Lot 4; thence along the East Line of said Lot 4,
S. 010-02'-58" W., 132.94 ft. (South, 132.00 ft., Record) to the
Southeast corner of said Lot 4; thence along the South Line of said
Lots, N. 89°-39'-58" W., 143.82 ft. (West 143.75 ft., Record) to a
point on the South Line of said Lot 6 which is N. 89°-39'-58" W.,
24.76 ft. (West, 24.75 ft., Record) from the Southeast Corner of
said Lot; thence N. Ol°-02'-30" E., 132.76 ft. (North, 132.00 ft.,
Record) to the point of begirming. Containing 0.4386 acres.
Subject to all legal highways, easements and restrictions; and
WHEREAS, Grantees desire and Grantor is willing to grant an easement to Grantees for
the purpose of parking on a portion of the above -described real estate.
WITNESSETH:
That for One Dollar ($1,00) and other good and valuable consideration, the receipt of
which Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantees a
permanent easement of the nature and at the location hereinafter set forth as described for
parking vehicles on the following -described real estate, in the City of South Bend, St. Joseph
County, State of Indiana, and described more fully as follows:
The South 83.00 feet of the North 99.00 feet of the East 16.00 feet
of Lot Numbered Four (4) as shown on the recorded Plat of
J.F. Kirby's Addition to the City of South Bend, the Plat of which
is recorded in Plat Book 2, Page 56 in the Office of the Recorder of
St. Joseph County, Indiana. Said Easement containing 1328 square
feet, more or less.
Said easement is for the express benefit of a certain real estate (hereinafter the "dominant
tenement"), of which Grantees represent and warrant that are the fee simple titleholders, and
which real estate is described as follows:
Lots Numbered One (1), Two (2) and Three (3) as shown on the
recorded Plat of J.F. Kirby's Addition to the City of South Bend,
the plat of which is recorded in the Office of the Recorder of
St. Joseph County, Indiana, in Plat Book 2, page 56, together with
the North one-half of the vacated alley lying South of and adjacent
to said Lots.
The easement granted herein shall pertain to the air surface and subsurface rights and
interests of the Grantor, for the use and benefit of the Grantees, to the nature and extent that the
Grantees may desire said air, surface and subsurface rights and interests to accomplish and carry
out the general purpose of this conveyance as the same has hereinabove been expressed. The
easement hereby granted is for the exclusive benefit of James H. Ringler and Jane Ringler.
The Grantor reserves the right to use and occupy the surface area on and over the
easements provided that said use and occupancy does not in any way conflict or obstruct the
Grantees' right to use said surface for the purposes and intentions hereinabove expressed.
The Grantees shall not erect permanent strictures, including, but not limited to, buildings,
fences and signs on said surface. Grantees shall bear full responsibility for the use and enjoy-
ment of the property and shall hold Grantor harmless for any claim for damages as to personal
premises resulting from the use and enjoyment thereof by Grantees.
IN WITNESS WHEREOF, Grantor has executed this Grant of Easement for parking on
the date shown on the acknowledgment set forth herein.
GRANTEES:
2
GRANTOR:
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
Gary A. dilot, President
Z.therine Roemer, Member
G
Donald E. Inks, Member
r � ' F ib � `, •iw
Angela K. ob, Clerk
STATE OF INDIANA
,.
ST. JOSEPH COUNTY. )
Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana,
personally appeared Gary A. Gilot, M. , 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 9( day of , 2000.
OA Lb
Notary Public
A resident of St. Joseph County, IN
My Commission Expires:
STATE OF INDIANA }
)SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana,
personally appeared James H. Ringler and Jane Ringler, the Grantees, and acknowledged the
execution of this Grant of Easement as their voluntary act or dee .
5, iny hand and Notarial Seal thi day o nl , 2000.
.p-7ZlC�n �.�. Notary Public
A resident of St. ose> > oun y, IN
My Coljifiif. s on -Expires:
This Instrument was prepared by: Aladean M. DeRose, Chief Assistant City Attorney,
1400 County -City Building, South Bend, IN 46601.
F:\C1ients\M0498\97002\Grant of Easement--Parking.wpd6/28/00 10:26 AM
0 0 03208,
INTER -OFFICE MEMORANDUM
DEPARTMENT OF PUBLIC WORKS
DIVISION OF ENGINEERING
TO: Angela K. Jacob, Clerk of the Board of Public Works
FROM: Carl P. Littrell, P.E., City Engineer Cruel
SUBJECT: Grants of Easement to James H. & Jane Ringler
Fellows Street Improvements, Broadway to Sample St.
Project No. 97-104
DATE: June 30, 2000
recommend that the Board of Public Works review and approve the two attached
Grants of Easement to James H. and Jane Ringler.
The first of the easements grants to them the right to park employee and customer
vehicles on a portion of real estate owned by the Civil City of South Bend adjacent to their
place of business, Michiana Rebuilders.
The second of the easements grants them the right of ingress and egress across
another portion of the same property.
Chief Assistant City Attorney Aladean M. DeRose prepared the documents. I have
reviewed the boundary descriptions and believe them to be proper.
The Ringlers requested these easements in lieu of cash as compensation for real
estate needed from their property at the southwest corner of Fellows Street and Sample
Street for widening of the intersection. They have deeded the needed property to the City
and they have agreed to the restrictions noted on the Grants.
Please call if additional information is needed. These documents should be
recorded after execution by the Board. Thank you.
Attachments
c: Hedy Robinson