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HomeMy WebLinkAbout#2762- Deed; GRANT OF EASEMENT No.5ft.of Lot #67 for 120 ft. E&W of Oak Grove Add.Grant of Easement - Linden Avenue Street Lighting. 237 Sadie Street Ac"/el a, I GIc .�Z-� Ct Z GRANT OF EASEMENT LINDEN AVENUE STREET LIGHTING THIS INDENTURE made this day of 002, by Rosie A. Griffin J (Grantor), and the Civil City of South Bend, by and throughAts 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 A as shown on the First Replat of Arnold's Second Addition to the City of South Bend, in the Office of the Recorder of the St. Joseph County, Indiana Commonly known as 237 Sadie Street; 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 filly as follows: The North S feet of Lot A for a distance of 120 feet east and west as shown on the First Replat of Arnold's Second 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 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 Gary A. Gilot, President Carl P. Littrell, P.E. Doi ald E. Inks, Member ATTEST: =011 , • • r SIN GRANTOR: Rosie A. Griffin, Owner Cfl a7 � LT7 M0H G n .. nML4 m o o M• N x+ v m r� rn r 0x 0 c r- w z -a x -� to cn m IN STATE OF 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 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 of a14��A,2(02 i yo�}:1 � •-ter.. 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 Rosie A. Griffin, the Grantor, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this -Nay of P\ , 2002. APRYL K %ILLLUAS , Notary Publ" - NOTARY PUBLIC STATE OF VDIANA c7 ?4 ST. losEM COUNTY My Commission Expires: %gyC()MMjEstoN FxP, MAYV.SW° This Instrument was prepared by: Aladean M. DeRose, Chief Assistant City Attorney, 1400 6t"Itty'. ••` 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 A FOR A DISTANCE OF 120 FEET EAST AND WEST AS SHOWN ON THE FIRST REPLAT OF ARNOLD'S SECOND ADDITION TO THE CITY OF SOUTH BEND, IN THE OFFICE OF THE RECORDER OF THE ST. JOSEPH COUNTY, INDIANA. Prepared 07-23-02 City of South Bend Division of Community Development pW BOARD OF PUBLIC WORKS AGENDA ITEM REQUEST E Spl1TH e- o X� 'f - T A11 agenda item documents must be in .1865 Ori;inal Fo►n►at and Sg►►erl Date: August 7, 2002 From: Chris Dressel Department/Phone: Division of Community Development / 5 q 14.7 For Board of Works Meeting (date): August 12, 2002 Type of Agenda Item - (Please Specify Type of Agenda .Item) Grant of Permanent Easement for 207 Sadie St. Purpose: Additional Easement for street lighting installation and maintenance. (Linden Ave. Improvements Project 102-001) Amount of Contract/Agreement/Proposal/Letter Agreement/Amendment: N/A Funding Source: (i.e., COIT, Sewage Works, LRSA) N/A GRANT OF EASEMENT LINDEN AVENUE STREET LIGHTING THIS INDENTURE made this day of 414�1 002, by Rosie A. Griffin (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 A as shown on the First Replat of Arnold's Second Addition to the City of South Bend, in the Office of the Recorder of the St. Joseph County, Indiana Commonly known as 237 Sadie Street; 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. WITNESSET That for good and valuable consideration, Grar Grantee a permanent easement of the nature and at the 1 the purpose of the installation and maintenance of stre lighting circuit and onto the following described real County, State of Indiana, described more fully as foil, / l�- The North 5 feet of Lot A for a distance of 12 First Replat of Arnold's Second Addition to 111C %.1Ly U. ,,,u�., � _._, ___ ---- 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 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. GRANT OF EASEMENT LINDEN AVENUE STREET LIGHTING THIS INDENTURE made this day of , 002, by Rosie A. Griffin (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 A as shown on the First Replat of Arnold's Second Addition to the City of South Bend, in the Office of the Recorder of the St. Joseph County, Indiana Commonly known as 237 Sadie Street; 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 A for a distance of 120 feet east and west as shown on the First Replat of Arnold's Second 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 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 Gary A. Gilot, President �0 2�1 Carl P. Littrell, P.E. Do ald E. Inks, Member ATTEST: AngefaK,Jaco ale Rosie A. Griffin, Owner STATE OF 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 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. day of , 2002. WITNESS my hand and Notarial Seal this My Commission Expires: neiL /J^j o201d STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Notary Public A resident of St. Joseph County, IN Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana personally appeared Rosie A. Grim, the Grantor, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this 'rAhday of Auo , 2002. APRYY 4WILUAMS , Notary Public NMAAY PUMX STATE OP MIANA M Commission Expires: ST. Jc6EM COUN" y p Vy CcmwMiQN CXP, MAY 17OW 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 A FOR A DISTANCE OF 120 FEET EAST AND WEST AS SHOWN ON THE FIRST REPLAT OF ARNOLD'S SECOND ADDITION TO THE CITY OF SOUTH BEND, IN THE OFFICE OF THE RECORDER OF THE ST. JOSEPH COUNTY, INDIANA. Prepared 07-23-02 City of South Bend Division of Community Development