HomeMy WebLinkAbout#2734- Deed; GRANT OF EASEMENT W. 5' Lot 73,excepting 1' on So.side---Yee_4) -t7� V3
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1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BENI), 1NDIANA 46601-1830
CITY of SOUTH BEND STEPHEN J. 1.UECKE, MAYOR
DEPARTMENT OF PUBLIC WORKS
GARY A. GILOT, P.E.
DIRECTOR of PUBLIC WORKS
January 15, 2002
Mr. Robert Gladieux
Gladieux Travel, Inc.
1518 Miami Road
South Bend, Indiana 46614
RE: Grant of Easement
Lot 73 Deed#2734
Dear Mr. Gladieux:
PHONE Z19/235-9251
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 Recorder's office on
September 26, 2001.
Enclosed is a copy for your records.
Sincerely,
� � G
Angelob, erk
Enclosure
]ENGINEERING ENVIRONMENrAL SERVICES CENTRAL SERVICES
CARL LITTRELL, P.E. JOHN J. DILLON, PH.D. MATT CHLEBOWSKI
219/235-9251 219/277-8515 2191235-9316
FAx 219/235-9171 FAx 219/277-8980 Fax 219/235-9007
STREETS
SAu HENSLEY
219/235-9244
FAx Z191235-9272
WATER WORKS
JOHN F. STANCATI
219/235-9322
FAx 219/235-9728
H-(
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C)731
GRANT OF EASEMENT
WALKWAY
THIS INDENTURE glade this day of 2001, by Gladieux Travel, Inc.,
and the Civil City of South Bend, by and through its Department of Public Worl:s (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 73 Excepting I Foot on the South Side of said lot as shown oil the
Recorded Replat of Leer's 2nd Addition to the City ol'South Bend, in the Office of
the Recorder of St. Joseph County, Indiana. Commonly known as 1518 Miami
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.
WITNESSCTH:
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 West 5 feet of Lot Numbered Seventy-Tllree (73) Excepting I Foot on the South
Side for a distance of 40.00 feet North and South as shown on the recorded Replat
of Leer's 2nd Addition to the City of South Bend, in the Of of the Recorder of St.
Joseph County, Indiana
Tile 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. 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
GRANTOR:
GLADIEUX TRAVEL, INC.
OWNERS
Gary A. Gilot, President ,)bert Gh ieux, Owner 0
Vacant
i)L V. z, - Z ,
onald E. Inks, Member
ATTEST:
Angela .Jacob, Clerk
Ing.e ladieux. Owner
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STATE OF INDIANA
ST. JOSEPH COUNTY
SS:
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Before me, the undersigned, 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 acknowledged the execution of this Grant
of Easement as their voluntary act or deed.
WITNESS my hand and Notarial Seal this F/Td!y-
of 52001.
My Commission Expires:
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY )
Notary I`Vkiic.'
A resident of St. Joseph County, IN
5 v
Before me, the undersigned, allotary Public in and for St. Joseph County, Indiana, personally
appeared Robert and Inge Gladieux, the Grantor, and acknowledged the execution of this,O�atlt'W"4' fF
Easement as their voluntary act or deed. n ,
WITNESS my hand and Notarial Seal this day ofS2001.
Stephen A Kr.oNew,;,.a, ��� � .,..• :a`�
St. j3sc ���,;:,.� ' SrF-�N l�{ldf'n11tVotary Public
IVy Cogi:�ss�;c� F—xp. iS/o:?f�':^ A resident of St. Joseph County, IN
L
My Commission Expires:
This Instrument was prepared by: Aladean M. DeRose, Chief Assistant City Attorney,1400 County -
City Building, South Bend, IN 46601.
LEGAL DESCRIPTION
A PARCEL OF LAND BEING A PART OF THE NORTHWEST QUARTER OF THE WEST
HALF OF SECTION 18, TOWNSHIP 37 NORTH, RANGE) EAST, PORTAGE TOWNSHIPS,
ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE WEST 5 FEET OF LOT NUMBERED SEVENTY-THREE (73} EXCEPTING 1 FOOT ON
TIIE SOUTH SIDE FOR A DISTANCE OF 40 FEET NORTH AND SOUTH AS SHOWN ON
THE RECORDED REPLAT OF LEER'S 2ND ADDITION TO THE CITY OF SOUTH BEND, W
THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA.
Prepared 8-15-01
City of South Bend
Division of Community Development
Fax 219/235-9171 FAX 219/277-8980 Fax 2191235-9007 FAX 219/235-927G rvc