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HomeMy WebLinkAbout#2684- Deed; NON-EXLUSIVE EASEMENT For Egress and Ingress� aLo3c� N ors Ex C L) Lt si v-2 k� cks�- ry\,1 kx nc (6t' Cbr) -) � ,- LlU -Hci 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS GARY A. GILOT, P.E. DIRECTOR OF PUBLIC WORKS August 28, 2001 Theo Meadow, Trustee Eddy Street Land Trust 918 East Jefferson Boulevard South Bend, Indiana 46617 RE: Non -Exclusive Easement for Egress and Ingress Dear Mr. Meadow: PHONE Z19/235-9251 FAX 219IZ35-9171 TDD 219/235-5567 The Board of Public Works, at its March 26, 2001 meeting, approved the above referred to document. The document was recorded with the St. Joseph County Recorders office on March 21, 2001. Enclosed are copies for your records. cerely, Angela K. Jacob, Clerk Enclosure ENGINEERING ENvmoNMENTAL SERVICES CENTRAL SERVICES STREETS WATER WORKS CARL LTTTRELL, P.E. JOHN J. DILLON, PH.D. MATT CHLEBOWSYI SAM HENSLEY JOHN F. STANCATI 219/235-9251 219/277-8515 219/235-9316 219/235-9244 Z19/235-9322 FAX 219/235-9171 FAx 219/277-8980 FAX 219/235-9007 FAY 219/235-9272 FAX 219/235-9728 of -way me or saga Alley; thence iNorun, along saia projection, a distance of 53 feet to the Southwest corner of Lot 45 in said Hartman and Millers Addition; thence West, a distance of 12 feet to the place of beginning. Subject to any other easements, covenants or restrictions of record. The same being shown graphically on attached "Exhibit A" attached hereto and made a part hereof. 1z)1 1�10E,5 Gvo� NON-EXCLUSIVE EASEMENT for EGRESS AND INGRESS RECORDED ON 03-29-2001 10:05:02 TERRI J. REMAKE ST. JOSEPH COUNTY RECORDER REC. FEE: 13.00 PAGES: 3 This non-exclusive Easement Agreement is made by and between Eddy Street Land Trust (hereinafter refered to as Grantor) and the Board of Public Works of the City of South Bend, Indiana (hereinafter refered to as Grantee) and is entered into this ZI Sr day of "&eA , 2001. WHEREAS, Grantor is the owner or contingent purchaser of the following described real estate: Lots One (1) through Five (5) inclusive along and together with Lots Forty -Six (46) through Forty -Nine (49) inclusive, all as the same are shown and designated on the plat of Hartman and Millers Addition to the Town, now City of South Bend, Indiana, the same being recorded in the office of the Recorder of St. Joseph county, Indiana. WHEREAS, Grantor has filed a petition to vacate alleys adjacent to, and within the limits of property owned or controlled by Grantor which petition is to be considered at public hearing before the South Bend City Council. And WHEREAS, Grantor is obliged to prepare, submit and have recorded an easement for the purposes of egress and ingress along, over and across Grantor's property which easement would provide for continuous and uninterrupted access to the rernainder of the alley which will remain after the vacation process has been completed. NOW 'WHEREFORE, Eddy Street Land Trust, (Grantor), its successors and assigns, hereby grants an easement for egress and ingress to the Board of Public Works of the City of South Bend, Indiana (Grantee), its successors and assigns, along, over and across a parcel of land being more particularly described as beginning at the Southeast comer of Lot 6 as the same is shown and designated on the plat of Hartman and Millers Addition to the Town, now City of South Bend, Indiana, the same being recorded in the office of the Recorder of St. Joseph county, Indiana; thence South, parallel with the East right-of-way line of Eddy Street, a distance of 25 feet to a point of deflection; thence deflecting forty-five degrees (45°) to the right (Southwesterly), a distance of 14.14 feet to a point of deflection; thence deflecting forty-five degrees (45°) to the right (Westerly), a distance of 108 feet, more or less to a point on said Easterly right-of-way line of Eddy Street that is 35 feet South of the Southwest corner of said Lot 6; thence South along said Easterly right-of-way line, a distance of 18 feet; thence East, parallel with the South fine of said Lot 6, a distance of 130 feet to a point on the Southerly projection of the East right- of-way line of said Alley; thence North, along said projection, a distance of 53 feet to the Southwest comer of Lot 45 in said Hartman and Millers Addition; thence West, a distance of 12 feet to the place of beginning. Subject to any other easements, covenants or restrictions of record. The same being shown graphically on attached "Exhibit A" attached hereto and made a part hereof 1�w Theo Medow, Trustee W .� Eddy Street Land Trust 918 E. Jefferson Blvd. South Bend, In. 46617 State of Indiana SS: County of St. Joseph Before me, the undersigned notary public, in and for said county and state, personally appeared Theo Medow as trustee of the Eddy Street Land Trust and acknowledged the execution of the foregoing instrument as her voluntary act and deed for and on behalf of said Land Trust for the uses and purposes therein set forth. Witness my hand and Notorial Seal this 21 yT day of QG9 2001. Y p �.� ► �' Notaryblic E A L Notary is a resident of St. Joseph Co , In " My commission expires, day of = , r •�•• •� • � •/.�. /.�..A\ A U I H ,�• i i��1 i '/I//IIII/IIIf1.ii pted b the Board of Public Works of the City of South Bend thiA6 may of mod( Gary Gilot, Member M. atherine Roemer, Mem r Donald E. Inks, Member Ir "EXHIBIT A" 98 -3699 4 4 -3700 1 I -3469 9 42 -3470 r �+ _,56 -3507 / I I w (/ II 2 1' I 'II S5 \-347i 8 43 -3472 —3700.018-510/�54 -35t64 -3474 3473 %$98 100 1 6 5-3701 -74—347s 509345 8 46` -34 88 1 J�2 13 - - INGRESS-EG E55 HOWARD STREET T 51 1 I 130EASEMENT N I I LO I -� - - 4-3477.01 47 -3480 ILI 7 f Ln 107 ! N -348t 3 � 1 I -- ,r, Co I 1 HOWARD STREET of M I 5' w cc -3482 2 4. 1 rJa I I 108 ! 49 —3740 48 / VACATED ALLEY 18-5106 13 \1 09 1 I -3483/ �? I 1 / , ) 12 / 5 48 5094 Ln 3 / �pP �2 M I ( N 1 .1G( �S ") oN 112 �� 1 1 '� 6' 7 .N -- / I / I CORBY BOULEVARD ALLEY VACATIONS EDDY STREET LAND TRUST ALLEY VACATION A parcel of land being a part of the Northwest Quarter of Section 6, Township 37 North, Range 3 East, City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as a North -South alley, 12 feet in width, extendin from the Northerly right-of- way line of South Bend Avenue (State Rood 123) to the South right-of- way tine of a 12 foot wide East-West alley lying North of and contiguous with tots 5 and 46 in the plat of Hartman and Millers Addition as the some is shown in the office of the Recorder of St. Joseph County, Indiana ALONG AND TOGETHER WITH an East-West alley, 10 feet in width, extending from the East right-of-way line of Eddy Street to the West right- of-way line of a 12 foot wide North -South alley lying East of and contiguous with Lots 1 through 5, inclusive in said plat of Hartman and Millers Addition to the City of South Bend ALONG AND TOGETHER WITH an East-West alley, 10 feet in width, extendin'g from the West line of Lots 47 and 48 in said plat of Hartman and Millers Addition to the West right-of-way line of Georgiona Street in said plat of Hartman and Miller's Addition to the City of South Bend ALONG AND TOGETHER WITH the 2nd East-West alley lying North of South Bend Avenue (State Rood 23) 12 feet in width, extending from the East right-of-way line of Eddy Street to the West right-of-woy line of Georgiona Street in said plat of Hartman and Miller's Addition to the City of South Bend. Subject to any easements, covenants or restrictions of record.