HomeMy WebLinkAbout#2786- Deed; GRANT OF EASEMENT East of Lot #3 Belleview-West of Lot #1 Huff Minorlglo z-, A�� ?
GRANT OF EASEMENT
Mishawaka Ave. Curb & Sidewalk Replacement
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East 31.33 ft.of Lot #//Bellevue Addition
West b Ft. of LotaHuff Minor Subdivision
1518 Mishawaka Ave. & 1520 Mishawaka Ave.
Reconstructing & improving.
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1316 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
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CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
February 26, 2003
Mr. and Mrs. Edward Schadler
2554 Prospect Point
Niles, Michigan 49120
RE: Grant of Easement
1518 and 1520 Mishawaka Avenue
Dear Mr. and IIrs. Schadler:
PHONE 574/ 235-9251
FAx 574/235-9171
TDD 5741235-5567
The Board of Public Works recorded the Grant of Easement with the St. Joseph County
Recorder's office.
Enclosed is a copy of the document for your records.
Sincerely,
Angela'4. Jacob, Clerk
Enclosure
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GRANT OF EASEMENT
MISHAWAKA AVENUE CURB AND SIDEWALK REPLACEMENT
THIS INDENTURE made this -�L day of q jzve-' , 2002, by the Edward and
Marietta Schadler (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:
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The East 31.33 feet of Lot NumberedXas part of the Bellevue Addition to the City
of South Bend, in the Office of the Recorder of St. Joseph County, Indiana ;and
The West 6 feet of Lot Numbered 1 as part of the Huff Minor Subdivision to the City of
South Bend, in the Office of the Recorder of St. Joseph County, Indiana. Commonly known
as 1518 and 1520 Mishawaka Avenue ;and
WHEREAS, Grantee desires and Grantor is willing to grant an easement to Grantee for the
purpose of reconstructing and improving the curb and sidewalk on and adjacent to the above
described real estate.
WITNESSETH:
For and in consideration of the Grantee's agreement to reconstruct and improve the curb and
sidewalk on and adjacent to the Grantor's real estate, Grantor hereby grants and conveys to Grantee
a temporary easement at the location hereinafter set forth and described to allow for the construction
of the above mentioned curb and sidewalk in, upon, over and under the following described real
estate in the City of South Bend, St. Joseph County, State of Indiana, described more fully as
follows:
The :North 15 feet of Lot Numbered 3 for a distance of 31.33 feet East and West and as
shown on the recorded Plat of the Bellevue Addition to the City of South Bend, in the Office of
Recorder of St. Joseph County, Indiana; and
The North 15 feet of Lot Numbered 1 for a distance of 6 Feet East and West and as shown
on the recorded Plat of the Huff Minor Subdivision to the City of South Bend, in the Office of
Recorder of St. Joseph County, Indiana
The temporary easement rights granted herein shall pertain to the air, surface, and subsurface
rights and interest of the Grantor, for the use and benefit of the Grantee, to the nature and extent that
the Grantee may desire or need said air, surface and subsurface rights and interests to reasonable
accomplish and carry out the construction of curb and sidewalk. The easement hereby granted is for
the benefit of the City of South Bend, Indiana, and expressly included the right and privilege to
replace the existing curb and sidewalk.
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vents, employees, and contractors shall have the right of ingress or egress over
%JLQ1tLU1 , LGa1 ,,aLuL„ adjoining said easement to facilitate the installation of curb and sidewalk.
Grantee agrees to restore the areas disturbed by its work to a condition as good or better than
the original condition consistent with the curb and sidewalk construction. In the event of any
damage to the building fascia through a negligent or intentional act of the Grantee or any of its
agents or contractors, Grantee shall be responsible for repairs l2 within a reasonable time after notice
of the damage.
Grantee agrees to take photographs of the North fascia of the building on this real estate prior
to construction and to provide a copy of such photographs to Grantor upon request.
The rights granted by this indenture shall terminate upon the Grantee's completion of the
construction of curb and sidewalk, but in no case later than November 30, 2002.
IN WITNESS WHEREOF, said Grantor has executed this Grant of Temporary Construction
Easement on the date shown in the acknowledgment set forth herein.
GRANTEE:
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
Carl P. Littrell, P.E-
Donald E. Inks, Member
ATTEST-
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GRANTOR:
EDWARD AND MARIETTA SCHADLER
OWNERS
Edward Schacjler, Owner
Marittta Schadler, Ovmer
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ST. JOSEPH COUNTY
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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 , 2002.
, Notary Public
A resident of St. Joseph County, IN
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 Edward and Marietta Schadler, the Grantor, and acknowledged the execution of this Grant
of Easement as their voluntary act or deed.
,W,ITNESS my hand and notarial Seal this AD day of zkLn -p— , 2002.
Notary Public
JUDUH A. GORDEMER, Notary Public
s✓omm'ton`Expires: ' •..y -_ } A Resident of St. Joseph County, IN
My Coaimlasion Expiros JanuHry 22, 2009
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 18, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP,
ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE NORTH 15 FEET OF LOT NUMBERED 3 FOR A DISTANCE OF 31.33 FEET EAST
AND WEST AND AS SHOWN ON THE RECORDED PLAT OF THE BELLEVUE
ADDITION TO THE CITY OF SOUTH BEND, IN THE OFFICE OF RECORDER OF ST.
JOSEPH COUNTY, INDIANA; AND
THE NORTH 15 FEET OF LOT NUMBERED I FOR A DISTANCE OF 6 FEET EAST AND
WEST AND AS SHOWN ON THE RECORDED PLAT OF TIME HUFF MINOR
SUBDIVISION TO THE CITY OF SOUTH BEND, IN THE OFFICE OF RECORDER OF ST.
JOSEPH COUNTY, INDIANA
Prepared 06-11-02
City of South Bend
Division of Community Development