HomeMy WebLinkAbout#2755- Deed; GRANT OF EASEMENT South 5ft. Lot1-44ft E&W of Colonial Gardens Add.�`�`y�- y�' � �`
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GRANT OF EASEMENT
RECORDED QH
01-22-2002 3:20:19
TERRI J, RETHLAKE
WALKWAY sT RECORDERJOSEPH
THIS INDENTURE made this day o ; � v FEE: g"0�
Bradley, and the Civil City of South Bend, by and through ' s apartment 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 1 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 2915 & 2917 Mishawaka Avenue; and
WHEREAS, Grantee desires and Grantor is willing to grant an casement 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 Lot Numbered One (1) for a distance of 44 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.
'HEREOF, Grantor has executed the Grant of Easement for pedestrian passage as
n on the acknowledgment set forth herein.
Eel W.11e
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
Vacant
Zi-,, �j E (,,) / ,
Donald E. Inks, Member
ATTEST:
�r V
Angela K..I b, Clerk
GRANTOR:
BRADLEY, LLOYD & IRENE
OWNERS
v- 06 a���4 Fs�
:f� r1e r ell 1
Lloyd Bradley, Owner
Irene Bradley, Owner
ANA )
} SS:
UNTY )
lCaj,L. P, Li4R,1Il
Before me, the a dersigned, allotary Public in and for St. Joseph County, Indiana, personally
appeared nd 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 Sea] this day of , 200`lI�;:.0
JAL fact , Notary. PtTti •, is ; • ,��;
A resident of St. Joseph County, IN
My Comrxussion Expires:
STATE OF INDIANA )
} SS:
ST- JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally
appeared td=� Irene Bradley, the Grantor, and acknowledged the execution of
Easement as tlicir voluntary act or deed.
WITNESS my hand and Notarial Seal this 1G day of�t�Ltj', 2001. , J
:; • .•''
,b
nos , Notary Public
r s' t of . Joseph County, IN
My Commission Expires:
i "//G /C*
This Instrument was prepared by: Aladean M. DeRose, Chief Assistant City Attorney, 1400 County -
City Building, South Bend, IN 46601.
LEGAL DESCRIPTION
A rAx��L �t� LAND BEING A PART OF THE NORTHWEST QUARTER OF THE WEST
HALF OF 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 ONE (1) FOR A DISTANCE OF 44 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
LETTERS OF ADMIlVISTRATION OR TESTAMENTARY
STATE OF INDIANA ) IN THE ST, JOSEPH PROBATE COURT
) SS:
ST. JOSEPH COUNTY ) ESTATE NO. 71J01-0104-ES-00/ %-5'
IN THE MATTER OF THE ESTATE OF )
LLOYD R. BRADLEY, DECEASED )
IRENE A. BRADLEY )
PERSONAL REPRESENTATIVE }
As the Clerk of this Court, I certify that Irene A. Bradley is appointed Personal
Representative of this estate and is properly authorized to administer this estate.
The Personal Representative has been authorized to administer this estate without Court
supervision and may exercise all powers granted by Indiana Code 29-1-7.5-3 without order of the
Court.
WITNESS my signature and Court seal this it day of April, 20Q1 w�►` 1:,Y' `"
Cler �.
B
. e.
Deputy Clerk