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Home My WebLink About#2735- Deed; GRANT OF EASEMENT W. 5' Lot 74+1' on So.side of Lot 73LO/ Je�N�le e,od— �Rucc/ V Arg,� �Q 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, 1NDIANA 46601-1830 CITY OF SOUTH BFND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS GARY A. GILOT, P.E. DIRECTOR OF PUBLIC WORKS January 15, 2002 Bruce A. and Jeanne M. Haupert 1524 Miami Road South Bend, Indiana 46614 RE: Grant of Easement Lot 74 Deed#2735 Dear Mr. and Mrs. Haupert: PHONE219/235-9251 FAX 219/235-9171 TDD 219/235-5567 The Board of Public Works, at its August 20, 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, Angela . Jacob, C erk Enclosure ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES CARL LIT BELL, P.E. JOHN ]. 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 SAM HENSLEY 219/235-9244 FAX 219/235-9272 WATER WORKS JOHN F. STANCAn 219/235-9322 FAx 219/235-9728 GRANT OF EASEMENT 11 WALKWAY �O( w THIS INDENTURE made this day af4v ! , 2001, by Bruce A. and Jeanne M. Haupert, and the Civil City of South Bend, by and through its Department of 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 74 and Including I Foot on the South Side of Lot Numbered 73 as shown on the Recorded Replat of Leer's 2nd Addition to the City of South Bend, in the Office of the Recorder of St. Joseph County, Indiana. Commonly known as 1524 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. 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 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 -Four (74) and Including 1 Foot on the South Side of Lot Numbered Seventy -Three (73) 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 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 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 fill 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 Vacant Donald E. Inks, Member ATTEST: Angela kDacob, Cl GRANTOR: BRUCE A. AND JEANNE M. HAUPERF, OWNERS Bruce A. Haupert, Owner ann"MHaupi3c rt, Owner 4 2001 & "UM & M0 rn_q tn. tn •• zv � L70% 0 Cam') .. c� 0 e a 0tn• ,. W tvmM t us M M a WO-3 ~ 0 0 W �3 t0 C LTl iP 0 STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, allotaly 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. �y WITNESS my hand and Notarial Seal thisEj Iday of��i � , 2001. er,I•C -f'Yl�zL �1W4 , Notary Pull A resident of St. Joseph County, IN `�; r''' •. My Commission Expires: STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, allotaly Public in and for St. Joseph County, Indiana, personally appeared Bruce A. and Jeanie M. Haupert, the Grantor, and acluiowledged the execution of this Grant of Easement as their voluntary act or deed. ._;;� • ',)KTNESS my hand and Notarial Seal th.isZ�k�k day of L Ll< , 2001. i\j U !` Notary Public ... ,' A resident of St. Joseph County, IN tNtotary Public, St Joseph Co.. IN mm. Ares Jan. 5, 2008 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 3 EAST, PORTAGE TOWNSHIPS, ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 5 FEET OF LOT NUMBERED SEVENTY-FOUR (74) AND INCLUDING 1 FOOT ON THE SOUTH SIDE OF LOT NUMBERED SEVENTY-THREE (73) FOR A DISTANCE OF 40 FEET NORTH AND SOUTH AS SHOWN ON THE RECORDED RE PLAT OF LEER'S 2` D 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