HomeMy WebLinkAbout#2776- Deed; GRANT OF EASEMENT Linden Avenue Street Lighting0
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GRANT OF EASEMENT
LINDEN AVENUE STREET LIGHTING
THIS INDENTURE made this L-I - day o(�1� L�— , 2002, by the Civil City of 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:
Lots Numbered 78 and 87 as shown on the recorded plat of the Oak Grove 151
Addition, to the City of South Bend, in the Office of the Recorder of the St. Joseph
County, Indiana Commonly known as 220 North Olive 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 Seventy Eight and Eighty Seven(78 and 87) for
a distance of 183.5 feet east and west as shown on the recorded plat of the Oak Grove
I` 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.
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.
Donald E. Inks, Member
ATTEST:
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Angela K. J •ob. Clerk
GRANTOR:
CITY OP SOUTII BEND
OWNER
City of South Bend, Owner
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STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY j
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 nay hand and Notarial Seal this `fi —day of 04 —c , 2002
S�C� ctitl� Nninny.;';utiIi
A resident of St. Joseph County.1�t��,'y. Y
My Commission Expires:
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY }
Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana personally
appeared City of 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 thisLf day of , 2002. ���`! ��•'•..
�('e La •�'st�� Notary Public •^ �7 •;� r1f�''
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 SEVENTY EIGHT AND EIGHTY SEVEN(78
AND 87) FOR A DISTANCE OF 183.5 FEET EAST AND WEST AS SHOWN ON THE
RECORDED PLAT OF THE OAK GROVE I" 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