HomeMy WebLinkAbout#2752- Deed; GRANT OF EASEMENT Lot 93, Colonial Gardens Addition,�i�1� ���mQ�
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RECORDED ON
GRANT Or EASEMENT 01-15-2002 8:23:58
WALKW Y TERRI J. RETHLhKE
60A RECORDJOSEPH COUNTY
D RECORDER
THIS INDENTURE made this A6 day of 09# iex NftE§�ow3r5:a36
McGowan LLC, and the Civil City of South Bend, by and Kr ugh its Departmt-WPublic `$forks
(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 93 as shown on the Recorded Plat of Colonial Gardens Addition to
the City of South Bend, in the Office of the Recorder of St_ Joseph County, Indiana.
Commonly known as 3419 Mishawaka Avenue; and
WHEREAS, Grantee desires and Grantor is willing to In
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 put pose 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 South 5 feet of Lot Numbered Ninety -Three (93) for a distance of 40 feet East
and West as shown on the recorded Plat of Colonial Gardens 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 casement 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 Tull 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
V acant
% G
Donald E. Inks, Member
ATTEST:
Angela K. cob, Clerk
GRANTOR:
MCGOWAN & MCGOWAN LLC
OWNERS
McGowan & McGowan LLC, Owner
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY )
/L CA I,L P, Lf+R e i I
Before me, the tndersigned, allotary Public in and for St. Joseph County, Indiana, personally
appeared Gaty id 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.
,�sU6;t!rrr
WITNESS my hand and Notarial Seal this Iy day of, 2001k :4�;.,ro••o rf�''��,� .
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A resic`tent of St. Joseph County, IN , '�p•.v:.��°'�
My Commission Expires:
STATE OF INDIANA )
SS:
ST_ JOSEPH COUNTY }
Before me, the undersigned, a Notary Public in and for St. Joseph County, Tridiana, personally
appeared McGowan and McGowan LLC, the Grantor, and acknowledged the execution of this Grant
of Easement as their voluntary act or deed.
WITNESS my hand and Notarial Seal this Ge day of,�J, 2001.
Notary Public - State of Indiana
My Commission Expires:
Nv!ember 6, 2008
Not, • Public
A resident of St. Joseph County, IN
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
BEING APART OF THE NORTHWEST QUARTER OF THE WEST
IIAI-t Ur SECTION 17, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN AND PORTAGE
TOWNSHIPS, ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE SOUTH 5 FEET OF LOT NUMBERED NINETY-THREE (93) FOR A DISTANCE OF
40 FEET EAST AND WEST AS SHOWN ON THE RECORDED PLAT OF COLONIAL
GARDENS ADDITION TO THE CITY OF SOUTH BEND, IN THE OFFICE OF THE
RECORDER OF ST. JOSEPH COUNTY, INDIANA.
Prepared 7-31-01
City of South Bend
Division of Community Development