HomeMy WebLinkAbout#2758- Deed; GRANT OF EASEMENT WALKWAY No. 5f t.of Lot #21 for36 ft.E&W-#22 for 6ft.E&W Oak Ga ��
` � r
�/ems
`�� �����
GRANT OF EASEMENT API, 1 2002
Oi FIGE l.7:?YOR
LINDEN AVCN S It)EJCT LIGHTING CITY OF
THIS INDENTURE made this day of , 2002, by Soul City Church of
God (Grantor), and the Civil City of South Bend, by and throng i 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 21 as shown on the recorded Plat of Oak Grove Addition to the City
of South Bend, in the Office of the Recorder of the St. Joseph County, Indiana; and
The East 6 Feet of Lot Numbered 22 as shown on the recorded Plat of Oak Grove
Addition to the City of South Bend, in the Office of the Recorder of the St. Joseph
County, Indiana. Commonly known as 2102 Linden Avenue; and
WHEREAS, Grantee desires and Grantor is willing to grant an easement to Grantee for the
purpose of the installation and maintenance of street lighting and accompanying underground
lighting circuit 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 the installation and maintenance of street lighting and accompanying underground
lighting circuit 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 North 5 feet of Lot Numbered Twenty One 21 for a distance of 36 feet east and
west as shown on the recorded Plat of Oak Grove Addition to the City of South
Bend, in the Office of the Recorder of the St. Joseph County, Indiana.; and
The North 5 feet of Lot Numbered Twenty Two 22 for a distance of 6 feet east and
west as shown on the recorded Plat of Oak Grove Addition to the City of South
Bend, in the Office of the Recorder of the 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 the installation and maintenance of street lighting and accompanying
underground lighting circuit 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
Ed surface for the purposes and intentions previously expressed. Grantor shall preserve and
,naintain 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 the installation and
maintenance of street lighting and accompanying underground lighting circuit as of the date shown
on the acknowledgment set forth herein.
GRANTEE:
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
11
Gary A. Gilot, President
Carl P. Littrell, P.E.
Donald E. Inks, Member
ATTEST:
GRANTOR:
SOUL CITY CHURCH OF GOD
OWNER
Q U
Soul City Church of God, O ner
-0M
m
Tj 0
Lo
C+7 '
-im
N
Ulm
�
@
•
MO~
Crl
@
pox
@
@
cr
w
za
N
-c rn
cn
FF-ITrOF INDIANA )
SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, allotary Public in and for St. Joseph County, Indiana, personally
appeared Gary A. Gilot, Carl P. Littrell and Donald Er Lnks 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.
a_ 051
WITNESS m hand and Notarial Seat this 1
Y day of " , 2002.
,Notary PuliK`
A resident of St. Joseph County, IN
�• r f •�- ac. -
My Commission Expires: ' % ' •' O
't•1'I�t•t
STATE OF INDIANA )
} SS:
ST. JOSEPII COUNTY )
Before me, the undersigned, allotary Public in and for St. Joseph County, Indiana personally
appeared Soul City Church of God, the Grantor, and acknowledged the execution of this Grant of
Easement as their voluntary act or deed.
6$ my hand and Notarial Seal this .15WaY of� , 2002.
�.N otat Public
NIy Ci1n'';IQri Expires:
I -Iq -VCIL
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 NORTHEAST QUARTER OF THE WEST
HALF OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP,
ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE NORTH 5 FEET OF LOT NUMBERED TWENTY ONE 21 FOR A DISTANCE OF 36
FEET EAST AND WEST AS SHOWN ON THE RECORDED PLAT OF OAK GROVE
ADDITION TO THE CITY OF SOUTH BEND, IN THE OFFICE OF THE RECORDER OF
THE ST. JOSEPH COUNTY, INDIANA.; AND
THE NORTH 5 FEET OF LOT NUMBERED TWENTY TWO 22 FOR A DISTANCE OF 6
FEET EAST AND WEST AS SHOWN ON THE RECORDED PLAT OF OAK GROVE
ADDITION TO THE CITY OF SOUTH BEND, IN THE OFFICE OF THE RECORDER OF
THE ST. JOSEPH COUNTY, INDIANA.
Prepared 03-08-02
City of South Bend
Division of Community Development