HomeMy WebLinkAbout#2733- Deed; GRANT OF EASEMENT East 5' Lot 49,including church lot So, Adjac.-144'N-:� p, "P� j J3 1
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1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECYF, MAYOR
DEPARTMENT OF PUBLIC WORKS
GARY A. GILOT, P.E.
DIRECTOR op Puiuc WORKS
January 15, 2002
Jay Budzon
1529 Miami Road
South Bend, Indiana 46614
RE: Grant of Easement
Lot 49
Dear Mr. Budzon:
PHONE219/235-9251
FAX 219/235-9171
TDD 219/235-5567
The Board of Public Works, at its September 6, 2001 meeting, approved the above referred
to document. The document was recorded with the St. Joseph County Recorders office on
September 17, 2001.
Enclosed is a copy for your records.
Sincerely,
Angela K. acob, Clerk
Enclosure
ENGINEERING ENwRoNMEmrAL SERVICES CENTani SERVICES
CARL LITTRELL, P.E. JOHN J. DILLON, PH.D. MATT CHLEBOWSKI
219/235-9251 219/277-8515 219/235-9316
FAX 219/235-9171 FAX 219/277-8980 FAx 219/235-9007
STREETS
SA.I HENSLEY
219/235-9244
FAx 219/235-9272
WATER WORKS
JOHN F. STANCATI
219/235-9322
FAx 219/235-9728
�733
GRANT OF EASEMENT
WALKWAY
Z9'
THIS INDENTURE made this4itsepartment
day o ' 2001, by Jay Budzon, and the
Civil City of South Bend, by and througof 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 49 and Including Church Lot South and Adjacent as shown on the
Recorded Plat of Wenger and Kreighbaum's 2"d Addition to the City of South Bend,
in the Office of the Recorder of' St. Joseph County, Indiana. Commonly known as
1529 Miarni Street; 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 fbrth 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 East 5 feet of Lot Numbered Forty-nine (49) and Including Church Lot South
and Adjacent for a distance of 144.00 feet North and South as shown on the recorded
Plat of Wenger and Kreighbaum's 2" 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 cant' 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 surlace 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. Grantor shall preserve and
maintain the real estate as to which this easement has been granted including the easement portion
itself, as pursuant to Local and State law.
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 passage as
of the date shown on the acknowledgment set forth herein.
GRANTEE:
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
- L-,// G6'
Do iald E. Inks, Member
ATTEST:
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Angel . Jacob, C rk
GRANTOR:
JAY BUDZON,
OWNERS
Jay Budzon, caner
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STATE OF INDIANA
ST. JOSEPH COUNTY ) SS:
C rye .
Before me, the un ersigned, allotary Public in and for St. Joseph County, Indiana, personally
appeared Gary A. Gilot 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 aclaiowledged the execution of this Grant
of Easement as their voluntary act or deed.
WITNESS my hand and Notarial Seal this Aayof &� -�" , 2001.
Notary Public
A resident of St. Joseph County, IN
Commission Expires:
T-E;0F INDIANA }
} SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally
appeared Jay Budzon, the Grantor, and acknowledged the execution of this Grant of Easement as
their voluntary act or deed.
my hand and Notarial Seal this Z4 day of 52001.
�_�
ILM
A Tam(V,,KNotary Public
A resident of St. Joseph County, IN
MICHELI-E A_ TOMnAK(votary
Pubk. 8t JosephW4
Corrun. Eames Jan.
This Instrument was prepared by: Aladean M. DeRose, Chief Assistant City Attorney, 1400 County -
City Building, South Bend, IN 46601.
4
LEGAL DESCRIPTION
A PARCEL OF LAND BEING A PART OF TIIE NORTHWEST QUARTER OF THE EAST
HALF OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIPS,
ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE EAST 5 FEET OF LOTNUMBERED FORTY-NINE (49) AND INCLUDING CHURCH LOT
SOUTH AND ADJACENT FOR A DISTANCE OF 144 FEET NORTH AND SOUTH AS SHOWN
ON THE RECORDED PLAT OF WENGER AND KRIEGI-IBAUM'S 2Nfl ADDITION TO THE
CITY OF SOUTH BEND, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY,
INDIANA.
Prepared 8-15-01
City of South Bend
Division of Community Development