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Home My WebLink About#2714- Deed; NON-EXCLUSIVE EASEMENT Lot 1-5, Lots 46-491316 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 Tryst 918 East Jefferson Boulevard South Bend, Indiana 46617 RE: Non -Exclusive Easement for Egress and Ingress Dear Mr. Meadow: PHONE219/235-9251 FAX 219/235-9171 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 E.NGiNuPING ENVIRONMENTAL SERVICES CENTRAL SERVICES CARL LnTnu, P.E. JOHN J. DILLON, PH.D. MATT CHLEBOWSM 219/235-9251 219/277-8515 219/235-9316 FAX 219/235-9171 FAX 219/277-8980 FAX 219/235-9007 STREETS SAM HENSLEY 219/235-9244 FAX 219/235-9272 WATER WORKS JOHN F. STANCATI 219/235-9322 FAX 2191Z35-9728 a� �- 6 ,dw -&r_ r01 13165 ilu v a, NON-EXCLUSIVE EASEMENT for EGRESS AND INGRESS RECORDED ON 03-29-2001 10:05:02 TERRI J. RETHLAKE 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 2 ! `T day of 94r,&,4 . 2001. WHEREAS, Grantor is the owner or contingent purchaser of the following desenbed 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 remainder of the alley which will remain after the vacation process has been completed. NOW THEREFORE, 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 corner 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 fine, a distance of 18 feet; thence East, parallel with the South line 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 &tance 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. Theo Medow, Trustee 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 2 4T day of AG{,1 2001. o •; .. Notary blic :SEAL Notary is a resident of St. Joe ph Co ,1n ' = :• �-,� ' c My commission expire day of �� •'•• •• pted b the Board of Public Works of the C' of South Bend this 6 fday of i. Gary Gilot, Member �_.. M. atherine Roemer, Mem Donald E. Inks, Member "EXHIBIT A" 98 -3699 L-3700 "� -3469 9 42 -3470t �' 56 -3507 I II I -r'LLJ--' r---'r-- 8-510 "3700.01 I I -3471 8 43 -3472 1 P-!:: 1 55 "3517 / 144 -3474 1 2 54 -3518 / 100 I 1 -3473 % 8 5D98 C¢7 � f - I I � ! 3701 �] -3475 6 45 -3476 i O 20 I 8 509 in 46 -3478 1 52 43 HOWARD STREET coI INGRESS -EGRESS I 51 7,1 / 130 I EASEMENT I � —� 4 3477.01 47 -3480 107 1 -3481 3 `D I w "VACATEDALLEY i 50 l 108 I 49 + /' 4 -3740 48 / 1S 5106 l J I 1to 5 C3 4/ (C8- F21 2 'f5GAS 7 --- / ' I CORBY BOULEVARD ' HOWARD STREET 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 Road �23) North eof and cont{g South of - way line of a 12 foot wide East-West alley tying uous with Lots 5 and 46 in the plat of Hartman and Miller's Addition as the same 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, extending from the West line of Lots 47 and 48 in said plat of Hartman and Miller's Addition to the West right-of-way line of Georgians 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 Road 23) 12 feet in width, extending from the East right-of-way line of Eddy Street to the West right-of--woy line of Georgiana Street in said plot of Hartman and Miller's Addition to the City of South Bend. Subject to any easements, covenants or restrictions of record. EDDY STREET LAND t J 5 9I8 E. Jefferson Blvd. South Bend, IN 46617 OCT A 2001 CITY D Im. Or I� ��ill4la v VtJLVaa1VVL L.�L.r, 4V V a Ang la acob Dept. f Public Works 131 unty-City Bldg. Sou Bend, IN 46601 Re: Non -Exclusive Easement for Egress and Ingress Dear Ms. Jacob: As the alley vacations were not granted by the City for the property owned by the Land Trust, I request you release the Easement Agreement between the City and the Land Trust dated March 21, 2001. Thank you. Sincerely, Eddy Street Land Trust "f" �V_� Theo Medow, Trustee SECOND REQUEST --- OCTOBER 9, 2001 rAA rAX G1Y/GS3-9/ZZ5 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 trade a part hereof