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HomeMy WebLinkAbout#2677- Deed; GRANT OF EASEEMENT INGRESS, EGRESS in the alley located at 1308 Dunham1�. coca--�-���n ��� � Lt-��r� s�� ����� ss (�1 � � �3o�s �.���.� 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS February 12, 2001 St. Casimir's Church 1308 Dunham South Bend, Indiana 46619 To Whom It May Concern: PHONE219/235-9251 FAx 219/235-9171 TDD 219/235-5567 The Board of Public Works, at its regular meeting held February 12, 2001 approved the Grant of Easement for a vacated alleyway off of Dunham Street. Please sign the Grant of Easement and have your signature notarized. If you wish, I would be glad to notarize your signature when you return the Grant of Easement. After signing the Easement, please return the original document to my attention so I may record it with the St. Joseph County Recorder's Office. If you have any questions, please contact me at 235-9251. Sincerely, v Angela . Jacob, C & k Enclosure GRANT OF EASEMENT ALLEY VACATION FOR INGRESS/EGRESS THIS GRANT OF EASEMENT made this O "day of :3, 2001, by the St. Casimir's Church, 1308 Dunham, South Bend, Indiana, (Grantor), in favor of the City of South Bend, Indiana (Grantee). WITNESSETH THAT: WHEREAS, St. Casimir's Church owns certain real estate located at ADDRESS in the City of South Bend, Indiana; and WHEREAS, the City of South Bend, Indiana desires a right of ingress" and egress upon St. Casimir's church property from a vacated alleyway off of Dunham; and WHEREAS, St. Casimir's Church desires to grant rights of easement for the purposes of ingress and egress, inasmuch as it presently appears such grant of easement will assist the City in maintenance, trash pick-up and other City functions. NOW, THEREFORE, for and in consideration of the foregoing, of the agreements and covenants herein contained and other good and valuable consideration given by each party hereto unto the others, the receipt of sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easement. St Casimir's Church of 1308 Dunham, South Bend, Indiana, does hereby grant to the City of South Bend, an exclusive right, privilege and easement for ingress and egress to the City of South Bend, Indiana, in the alleyway located at 1308 Dunham, South Bend, Indiana, as designated on Exhibit "A" - Diagram of property of St. Casimir's Church and legal description. 2. Access. St. Casimir's Church of 1308 Dunham, South Bend, Indiana, agrees to grant the City of South Bend a lock and key in its possession to enter any and all gates on the vacated Dunham alleyway. 3. Appurtenant. The easement granted herein shall benefit and be appurtenant to the City of South Bend, Indiana and private utilities with facilities in the alley. 4. Easement Irrevocable. The granting of this easement shall be irrevocable. GRANTOR: GRANTEE: ST. CASIMIR'S CHURCH CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary A. Gilot, President STATE OF INDIANA SS: ST, JOSEPH COUNTY C therine Roemer, Member G 2z' Donald E. Inks, Member A ST: Angela K. cob, Clerk 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. WITNESS my hand and Notarial Seal this P ""day of 12001. .�. j Notary Public A resident of St. Joseph County, IN My Commission Expires: 1— 1k) STATE OF 1NDIANA M1 ST. JOSEPH COUNTY Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared (St. Casimir's Representative), personally known by me to be the (Title) of St. Casimir's Church of South Bend, Inc., and acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this day of 11999. , Notary Public A resident of St. Joseph County, IN My Commission Expires: This instrument was prepared by Frank E. Schaffer, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. 1, i �trC HQr�k +i,-r t.�,J' 'r -'�` f�i , r r D� �, �k's 2' c C o wav Ein s ,iC? corner c� Subdivision p spin w<7Y 1i; 1� '; c� � Y; lh@i1CC eO t 4��� :ire SOlJti1 ` i3O q Point 3 feet r s along s�ici aouth dl !I, t Of th +r� ?OSt 1r�# t!f�` Gf ?� 2n �! St--jb siOn; ythenc;e north � railelP.CISI� of 8 in said Peck's Pcaroilal io the sn,Ith E = 2nd �uba[vision, 142 toh?- of wcy line of Dunham Strom '-��:si uloncr sari ro path right of way line of Dunham, thence Feet; :hence south Street, 12 ,oarallei with said east line of lot b +:hence, southwpsterl � ' vocotec' afle ) to the north right cif way line 'Of'120 said feet; y to apoint that is 3 feet west of southw °f !ot b in said Peck's 2nd Subdivision; eSt cor the r3orrh right t thence west 9 of wny line Of said vacated all west of the southwest thence south 12 feet to h er of lot 7 (alley vnd the Place e so of h� 0 r- I� 1-- 10 MAATER WOMB- 11 10 FCL; 9 ina_ T" 0 I OI I I I I I J II I 24 25 25 27 25 291 30 19 20 O ! Y DUNHAM ,S Q�CJ Access Easement Description PS 10 ST. r 7 N 220 29 L N 31 37 -2579 -258 8 0 F- -2583 (n 33 �i .34 LLI F--- I M W An access easement being a part of the west half of the southwest quarter of Section 11, Township 37 North, Range 2 East, City of South Bend, St, Joseph County, Indiana, described as follows: Beginning at the northwest corner of lot 18, Peck's 2nd Subdivision of Part Bank Outlot 101 and 102, said corner being also the south right of way line of a vacated alley-, thence east along said south right of way line, 65 feet to a point 3 feet east of the northeast corner of lot 17, Peck's 2nd Subdivision; thence north parallel to the east lot line of lot 8 in said Peck's 2nd Subdivision, 142 feet to the south right of way line of Dunham Street; thence west along said south right of way line of Dunham* Street, 12 feet; thence south parallel with said east line of lot 8, 120 feet; thence southwesterly to the north right of way line of said vacated alley to opoint that is 3 feet west of southwest corner of lot 8 in said Peck's 2nd Subdivision; thence west along the north right of way line of said vacated alley to a point 10 feet west of the southwest corner of lot 7 Peck's 2nd Subdivision; thence south 12 feet to the south right of way line of said vacated alley and the place of beginning. .$t_ 2G 11 2j 1 043c3S2 GRANT OF EASEMENT ALLEY VACATION FOR INGRESS/EGRESS RECORDED ON 03-09-2001 10:13:20 ST. JOSEPHETHLAKE COUNTY RECORDER �F�EE: oof, THIS GRANT OF EASEMENT made this a!Aay of ' by the St. Casimir', Church, 1308 Dunham, South Bend, Indiana, (Grantor), in favor of the City of South Bend, Indiana (Grantee). WITNESSETH THAT: WHEREAS, St. Casimir', Church owns certain real estate located at ADDRESS in the City of South Bend, Indiana; and WHEREAS, the City of South Bend, Indiana desires a right of ingress and egress upon St. Casimir church property from a vacated alleyway off of Dunham; and WHEREAS, St. Casimir Church desires to grant rights of easement for the purposes of ingress and egress, inasmuch as it presently appears such grant of easement will assist the City in maintenance, trash pick-up and other City functions. NOW, THEREFORE, for and in consideration of the foregoing, of the agreements and covenants herein contained and other good and valuable consideration given by each party hereto unto the others, the receipt of sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easement. St Casimii . Church of 1308 Dunham, South Bend, Indiana, does hereby grant to the City of South Bend, an exclusive right, privilege and easement for ingress and egress to the City of South Bend, Indiana, in the alleyway located at 1308 Dunham, South Bend, Indiana, as designated on Exhibit "A" - Diagram of property of St. Casimir Church and legal description. 2. Access. St. Casimii Church of 1308 Dunham, South Bend, Indiana, agrees to grant the City of South Bend a lock arid key in its possession to enter any and all gates on the vacated Dunham alleyway. 3. Appurtenant. The easement granted herein shall benefit and be appurtenant to the City of South Bend, Indiana and private utilities with facilities in the alley. 4. Easement Irrevocable. The granting of this easement shall be irrevocable. GRANTOR: ST. CASIMIR CHURCH 01 WIN -do-AWAi-112.214 GRANTEE: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS A��a )41� Gary A. Gilot, President STATE OF INDIANA SS: ST. JOSEPH COUNTY Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared (St. Casimir - Representative), personally known by me to be the (Title) of St. Casimir .'Church of South Bend, Inc., and acknowledged the execution of this Grant of Easement as their voluntary act or deed. 1 my hand and Notarial Seal this 21 day of FEBU200 RY A ;, 9'9 r Notary Public A resident of St. Joseph County, IN ?xpires: .NNE 20, 2008 This instrument was prepared by Frank E. Schaffer, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. STATE OF INDIANA SS: ST. JOSEPH COUNTY �1r C the Roemer, Member G�z Donald E. Inks, Member nvge : . cob, Clerk 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. WITNESS my hand and Notarial Seal this k day o£ , 2001. N( A resident of St. Joseph C My Commission Expires: I-- N --d'60 T O T r I— 1 1 1 1 1 i I' I I I 1 1 24 25 28 27 28 29 130 L20 of 1 1 Y DUNHAM ST. PS Q TF] tiaw2 8 I2B 2991011 t 2 3 4 5 i2 1 n I I Li 01 19 18 17 i6 3 I t t 24 23 22 21 20 . 1 I to ry� r1 �i UJ 4 1 11 � t V) FISHER ZI 1� I 1 29 30 Q ¢- I 1 I I Q1. i I I I I I I ,141 I I I I Ir 2 Q�G�S Access Easement Description 31 1 1 37 An access easement being a part of the west half of the southwest quarter of Section 11, Township 37 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, described as fol!ows: Beginning at the northwest corner of lot 18, Peck's 2nd Subdivision of Part Bank Outlot 101 and 102, said corner being also the south right of way line of a vacated alley; thence east along said south right of way line, 65 feet to a point 3 feet east of the northeast corner of lot 17, Peck's 2nd Subdivision; thence north parallel to the east lot line of lot 8 in said Peck's 2nd Subdivision, 142 feet to the south right of way line of Dunham Street; thence west along said south right of way line of Dunham Street, 12 feet; thence south parallel with said east line of lot 8, 120 feet; thence southwesterly to the north right of way line of said vacated alley to opoint that is 3 feet west of southwest corner of lot 8 in said Peck's 2nd Subdivision; thence west along the north right of way line of said vacated alley to a point 10 feet west of the southwest corner of lot 7 Peck's 2nd Subdivision; thence south 12 feet to the south right of way line of said vacated alley and the place of beginning.