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HomeMy WebLinkAbout#2763- Deed; GRANT OF EASEMENT LIGHTING No.5 ft of Lot #42-43 for 72ft.E&W of Oak Grove Add.` - �0J`L? 6)Q111%V�Z-11 pd� r�. GRANT OF EASEMENT LINDEN AVENU TREET LIGHTING THIS INDENTURE made this da , , 2002, by Hansel Neighborhood Center (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: The North 34 Feet of Lots Numbered 42 and 43 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 235 Huey 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 Iighting 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 Lots Numbered Forty Two and Forty Three (42 and 43) for a distance of 72 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 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 04/08/2002 10:17 2192616060 MEMORIAL MIN HEALTH PAGE 07 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 enjoyliient 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 Gary A. Gi.lot, President Carl P. Littrell, P.E. Doziald E. Inks, Member ATTEST: 4ngeia K+ acob, Cler GRANTOR: HANSEL NEIGHBORHOOD CENTER OWNER Hansel Neighborho Ce er, Owner vX m a� ra • � ra tv nEnC-4 o St • M IV tv m m ra r�s t7 m O O e cr ii z za � a� 6) r 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 ciee-d ...... WITNESS my Hand and Notarial Sea My Commission Expires: [ i� 'CYO' STATE OF INDIANA } SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana personally appeared Hansel Neighborhood Center, the Grantor, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this IY3ay r i 1 , 2002. '.a �•oa a•,o ,Notary PL1 b1ir, My Commission Expires: 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 LOTS NUMBERED FORTY TWO AND FORTY THREE (42 AND 43) FOR A DISTANCE OF 72 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 -7 (a 3 GRANT OF EASEMENT RECEIVED A _,y I C 2002 CITY OP SOI ITH LINDEN AVENU , TREET LIGHTING ©iV. Or- ENC- NER1,% ' THIS INDENTURE made this da _ � , 2002, by Hansel Neighborhood Center (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: The North 34 Feet of Lots Numbered 42 and 43 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 235 Huey 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 Lots Numbered Forty Two and Forty Three (42 and 43) for a distance of 72 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 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 P'F4/08/2(@a2 10:17 2192516060 MEMORIAL MIN HEALTH PAGE 07 Of the property for its intended purpose and shall hold Grantor harmless for any claim for damages as to said personal premises resulting fromi the use and enjoyment thereof by Grautee. IN WITNESS WHEREOF, Grantor has executed the Graxat 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 'tyz" Gary A. Gilot, President (z PAcw�- Carl P. Littrell, P.E. L Donald E. Inks, Member ATTEST: Angela K ' acob, Cler HgN'sszH�xoi�o�u3ooa c�riz�x OWNER Hansel Neighborho 6Ceer, 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 WITNESS my hand and Notarial Seal this � day odl—t(-L 2002. AMA�,Notary Public "Kfft4os�ph County, IN My Commission Expires: j--to-C9 STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, allotary Public in and for St. Joseph County, Indiana personally appeared Hansel Neighborhood Center, the Grantor, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this 17 3ay i , 2002. , Notary Public My Commission Expires: 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 LOTS NUMBERED FORTY TWO AND FORTY THREE (42 AND 43) FOR A DISTANCE OF 72 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, rNEMANA. Prepared 03-08-02 City of South Bend Division of Community Development GRANT OF EASEMENT LINDEN AVEN, TREET LIGHTING THIS INDENTURE made this da i , 2002, by Hansel Neighborhood Center (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: The North 34 Feet of Lots Numbered 42 and 43 as shc>-- o- the recorded 1 lI-t of C3ak Grove Addition to the City of South Bend, in the Office of the Recorder of the St. Joseph County, Indiana. Commonly known as 235 Huey 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 Lots Numbered Forty Two and Forty Three (42 and 43) for a distance of 72 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 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 STATE OF INDIANA ST. JOSEPH COUNTY ) SS: 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 deeId�. WITNESS my hand and Notarial Seal this 1 day ofal�,, 2002. a Notary Public -AM ent of St.`Joseph County, IN My Commission Expires: t 0 -og STATE OF INDIANA } SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana personally appeared Hansel Neighborhood Center, the Grantor, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this 17 aay 6D 1 , 2002. , Notary Public My Commission Expires: This Instrument was prepared by: Aladean M. DeRose, Chief Assistant City Attorney,1400 County - City Building, South Bend, IN 46601. 17 PP 2192516060 MEMORIAL MICE HEALTH PAGE 07 of the property for its intended purpose and shall hold Grantor harmless for any claim for damages as to said personal premises resulting frorn the use and enjoyment thereof by Grantee. IN WINESS 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 ' I--b. Carl P. Littrell, P.E. Donald E. Inks, Member ATTEST: 4Cler 7 Angela K' acob, ?z HAN5EL NErG�I$ORT�OOD CENTER OWNER Hansel Neighborho Ce er, Owner 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 LOTS NUMBERED FORTY TWO AND FORTY THREE (42 AND 43) FOR A DISTANCE OF 72 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 RECORDEK OF THE ST. ]vsfePl-1 cocrN a Y, 7Nl�lAS�/- Prepared 03-08-02 City of South Bend Division of Community Development