HomeMy WebLinkAbout#2760- Deed; GRANT OF EASEMENT LIGHTING No.5 ft.of Lot #44 for 36.3ft.E&W of Oak Grovei 6K ga4e4L
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GRANT OF EASEMENT
LINDEN AVENUE STREET LIGHTING
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THIS INDENTURE made this day of fir; i , 2002, by Catholic Charities of
Diocese Ft. Wayne - South Bend (Grantor), 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:
Lot Numbered 44 as shown on the recorded Plat of Oak Grove to the City of South
Bend, in the Office of the Recorder of the St. Joseph County, Indiana. Commonly
known as Vacant Lot on the corner of Huey Street and 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 fillly as follows:
The North 5 feet of Lot Numbered Forty four (44) for a distance of 3 6.3 feet east and
west as shown on the recorded Plat of Oak Grove 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 ligliting 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
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. However the
Grantor retains the right to repair and maintain the fence currently existing on said property.
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
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Gary A. Gilot, President
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Carl P. Littrell, P.E.
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Donald E. Inks, Member
ATTEST:
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Angela K acob, Cl k
GRANTOR:
CATHOLIC CHARITIES OF DIOCESE
FT. WAYNE - SOUTH BEND
OWNER
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athleen Donnellan, Executive Director
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STATE OF INDIANA )
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ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally
appeared Gary A. Gilot, Carl P. Littrell 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/ day ofw4ei 4-
,
�.�—`� KZ►3 , Notary
A resid2t of St. Joseph County IN
My Commission Expires:
STATE OF INDIANA
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ST. JOSEFH COUNTY ) y • �_.
Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana personally
appeared Catholic Charities of Diocese Ft. Wayne - South Bend, the Grantor, and acknowledged the
execution of this Grant of Easement as their voluntary act or deed.
WITNESS my hand and Notarial Seal this r day of� , 2002,
1
y/,�f/,/]-W-.;A(I)C(,upa, Notary Public
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 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 S FEET OF LOT NUMBERED FORTY FOUR (44) FOR A DISTANCE OF 36.3
FEET EAST AND WEST AS SHOWN ON THE RECORDED PLAT OF OAK GROVE 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