HomeMy WebLinkAbout#2641- Deed; GRANT OF EASEMENT South 5ft of lot 53 for a distance of 42.66ft east�cx&� 5�,� 4 Lod '� 5act
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GRANT OF EASEMENT
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T141's, ND URE made this G Soda of J t%' 2000, by and bettiveen David L.
Bradley (Grantorj.and the Civil City of South Bend, by and through its Department of Public Works
(Grantee), its successors and assign.
WHEREAS, Grantor represents and warrants that he is the fee simple titleholder to certain
real estate located in St. Joseph County, State of Indiana, described more particularly as follows:
Lot Numbered Fifty-three (53) as shown on the recorded Plat of Berner Grove First
Addition to the City of South Bend, recorded in Plat Nook 7, page 72 in the Office
of the Recorder of St. Joseph County, Indiana.
WHEREAS, Grantee desires and Grantor is willing to grant an easement to Grantee for the
purpose of public pedestrian passage and transit on a portion of the above described real estate.
WITNESSETH:
That for good and valuable consideration, Grantor hereby grants, conveys, and warrants to
Grantee a permanent easement of the nature and at the location hereinafter set forth as described for
the purpose of public pedestrian passage and access on the following described real estate in the City
of South Bend, St. Joseph County, Stale of Indiana, described more frilly as follows:
The South 5 feet of Lot Numbered Fifty -Three (53) for a distance of 42.66 feet East
and West as shown on the recorded Plat of Berner Grove First Addition to the City
of South Bend, recorded in Plat Book 7, page 72 in the Office of the Recorder of St.
Joseph County, Indiana
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 Grantee, to the nature and cxtcnf that the
Grantee may desire said air, surface and subsurface rights and interests to accomplish and carry out
the general purpose of this conveyance for pedestrian passage as the same has been heretofore
expressed. The easement granted hereby is for the exclusive benefit of the City of South Bend.
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 Grantee's right
to use said surface for the purposes and intentions previously expressed.
The Grantee shall not erect perrnanent structures, including but not limited to buildings,
fences, and signs on said surface. Grantee shall bear full responsibility for the use and enjoyment
of the property for its intended purpose and shall hold Grantor harmless for any claim for damages
as to said personal premises resulting from the use and enjoyment thereof by Grantee.
IN WITNESS WHEREOF, Grantor has executed the Grant of Easement for pedestrian
passage as of the date shown on the acknowledgment set forth herein.
A
GRANTEE:
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
_, a erine Roemer, Mel aber
Donald E. Inks, Member -
ATTEST:
An-gela K VJ,, Clerk
r�ST dF INDIANA ) CC
ST. JOSEPH COUNTY )
GRANTOR:
Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana,
personally appeared Gary A. Gilot, M. Catherine Roemer, 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.
Di
Community & Economic Development
Planning & Neighborhood Development
SpUTII
_ 1865_
1200 County -City Building. 227 West Jefferson, South Bend, Indiana 46601-1830 ♦ Phone 219/235-9660 ♦ Fax 219/235-9697
To: Angie Jacob, Clerk BPW
From: Marco Mariaiu, Neighborhood Plaluierd'
Subject: River Park Basement
Date: August 10, 2000
Please place the attached Grant of Easement on the next available Board of Public Works Agenda for
execution.
The document is for an easement to facilitate the installation of public improvements in the 2300
block of Mishawka Avenue as part of the Mishawaka Aveneue Street Scale Beautification Plan. The
document has been reviewed by Aledean DeRose and signed by the required property owner (David
Bradley).
If you have any questions or require additional information, please contact me. Thank you.
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