HomeMy WebLinkAbout#2757- Deed; GRANT OF EASEMENT WALKWAY South 5 ft.Lot # 2-3 for 18.85 of Colonial GardensC1-u-e-
GRANT Or EASEMENT
DEC'Ffo v Obll
01-22-2002 3.'00 : 21
($Y:__TERRI J. RETH&HE
WALKWANsr:;i0 -SEPH� COUnTY
RECORDER
U
THIS INDENTURE made this �day of 6?� Kan fie:
MacQuivey, and the Civil City of South Bend, by and through its Department of Public orks
(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 2 & 3 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 2923 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 Two and Three (2 & 3) for a distance of 18.85
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.
Or
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 L11-41
Inks, Member
ATTEST:
rvvt'-�
Angela K. J ob, Clerk
GRANTOR:
MACQUIVEY, JOSEPH & JEAN
OWNERS
ucoseph MacQuivey, Owner
r
J ?nmacQuivey, Owner
STATE OF 1NDTANA )
SS:
ST. JOSEPH COUNTY )
ca�_L
Before me, t e undersigned, allotary Public in and for St. Joseph County -Indian a, personally
appeared , 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 1 day of , _00 �
J4eC A.f i�CGr/i , Nf�ry7P�i;aic ` c�
A resident of St. Joseph County, IN
My Commission Expires:
STATE OF INDIANA )
} SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, allotary Public in and for St. Joseph County, Indiana, personally
appeared Joseph and Jean MacQuivey, the Grantor, and acknowledged the execution of this Grant
of Easement as their voluntary act or deed.
jwy0 uo•,a.
WITNESS my hand and Notarial Seal this2Q day of , 2001.
�`c�o11.t t`ne0'6e Notary Public ST[A-1
A resident of St. Jo'sA County, IN
My Commission Expires:
r]IIg)og
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 NRANGE 3 EASTHWEST T, ENN AND PORTAGE
UARTER OF THE WEST
HALF OF SECTION 17, TOWNSHIP 37 NORTH,
TOWNSHIPS, ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE SOUTH 5 FEET OF LOTS NUMBERED TWO AND THREE (2 & 3) FOR A
DISTANCE OF 18.85 FEET EAST AND TOEST AS SHOWN ON THE THE CITY OF SOUTH BEND, IN DTHnE OFF CE
PLAT
OF COLONIAL GARDENS ADDITION
OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA.
Prep- ed 7 -3 1 -0 1
City of South Bend
Division of Community Development