HomeMy WebLinkAbout#2666- Deed; GRANT OF EASEMENT Walkway�i �o�Olo
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RECORDED ON
GRANT OF EASEMENT 02-26-2001 2:52:13
TERRI J. RETHLAKE
WALKWAY ST. JOSEPH COUNTY
RECORDER
THIS INDENTURE made this day of �Lur�' 2001,1gjft� tOve4tT.
Umphrey and J.W. Ziegler, Trustees for the Umphrey, Ziegler Rev ' able Trust (Grantor) 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 it is the fee simple titleholder to certain real
estate located in St. Joseph County, State of Indiana, described more particularly as follows:
Lot Numbered 33 as shown on the Recorded Plat of River Park Addition to the City
of South Bend, in the Office of the Recorder of St. Joseph County, Indiana.
Commonly known as 2218 to 2232 Mishawaka Avenue, and
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 over and onto the following described real estate
in the City of South Bend, St. Joseph County, State of Indiana, described more fully as follows:
The North 5 feet of Lot Numbered Thirty -Three (33) for a distance of 165.00 feet
East and West as shown on the recorded Plat of River Park Addition to the City of
South Bend, 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 extent 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 permanent 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
STATE OF INDIANA }
SS:
ST. JOSEPH COUNTY )
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 acluiowledged the
execution of this Grant of Easement as their voluntary act or deed.
WITNESS my hand and Notarial Seal thiQ `may of �, 2001.
A resident of St. Josep i Couit.TN -
My Commission Expires:
STATE OF MICHIGAN }
} SS:
ALLEGAN COUNTY )
Before me, the undersigned, a Notary Public in and for Al legan County, Michigan personally
appeared G.L. Umphrey, Trustee, Uniphrey, Ziegler Revocable Trust, the Grantor, and
acknowledged the execution of this Grant of Easement as their voluntary act or deed.
WI T i1ESS n.y hand and Notarial Seal this � day of 2002
LK sy�,ytti n 0,0
a 11 F.
�ljgy Comn1issioO-Expires:
MARY.L'OU NOVAK
Notary" PUblrc;'Ailegan County, fl;r
MY Gommissron Fx�ire55e�j��ber3' zoos
Notary Public
A resident of Allegan County, MI
This Instrument was prepared by: Aladean M. DeRose, Chief Assistant City Attorney, 1400 County -
City Building, South Bend, IN 46601,
;E:
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
xii
G�
Gary A. Gilot, President
[vl. atherine Roemer, Memo r
x- 4��tt�t-� L---, �
Donald E. hies, Member
ATTEST:
Ang�JacoU,er a�-� l o�
GRANTOR:
UMI'I llZLY, GILGLLIt REVOCABLE''1'MS`1'
IN