HomeMy WebLinkAbout#2754- Deed; GRANT OF EASEMENT Lot 91 & 92, Colonial Gardens Addition�� %/ io, a
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RECORDED ON
GRANT OF CASEMENT 01-15-2002 6:23:56
TERRI J. RETHLAHE
WALKWAY ST. JOSEPH COUNTY
6)- RECORDER
THIS INDENTURE made this day o 99�; b ttiF��iid Tm
Myers, 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:
Lots Numbered 91& 92 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 3013 Mishawaka Avenue; 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 South 5 feet of Lots Numbered Ninety -One and Ninety -Two (91 & 92) for a
distance of 20 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 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
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Vacant
Donald E. hiks, Member
ATTEST:
Angela K. Jac", Clerk
GRANTOR:
MYERS, DAVID & PAMELA
OWNERS
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David Myers, Owner
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Pamela Myers, Owner
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STATE OF INDIANA
SS:
ST. JOSEPH COUNTY
Before me, the undersigned, allotary Public in and for St. Joseph County, Indiana, personally
appeared David and Pamela Myers, the Grantor, and acknowledged the execution of this Grant of
Easement as their voluntary act or deed.
WITNESS my hand and Notarial Seal this /I day of IjC , 2001.
Notary Public
A resident of St. Joseph County, IN
My Commssion Expires:
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STATE OF INDIANA
) SS:
ST. JOSEPH COUNTY G r L1
Before me, t undersigned, allotary Public in and for St. Joseph County, Indiana, personally
r' nd Donald E. Inks personally known by me to be members of the Board
appeared v-�-.��
of Public Works of the City of South Bend, Indiana, and acknowledged the execution of this Grant
a
of Easement as their voluntary ��-ry
WITNESS my hand and Notarial Seal this L day of f. > 200`4
e . jge,�6 Notary PuNblic
A resident of St. Joseph County, I
My Commission Expires:
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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, r iE NORFHWEST QUARTER , , ,
HALF OF SECTION 17, TOWNSHIP 37 NOR'FI-1, RANGE 3 EAST, PENN 1
TOWNS[ I[PS, ST. JpSEPH COUNTY, INDIANA AND B : 01 THE � LS I
DESCRIBED AS FOLLOWS: AND PORTAGE
LING I�1GRE PARTICULARLY
THE SOUTH 5 FEET OF LOTS NUMBERED NINETY-ONL AND NINE 1-Y-TWO 91 & 92)
FOR A DISTANCE OF 20 FEET EAST AND WEST AS SHOWN ON THE RECORDED
PLAT OF COLONIAL GARDENS ADDITION TO THE CITY OI- SC)UTH BEND. IN THE
OFFICE OF THE RECORDER OF ST. JOSEPH COUNT-Y. INDIANA.
Prepared 7-31-01
Cit` OFSOuth Bend
DR ision OI C0111111Lilllty Development