HomeMy WebLinkAbout#2789- Deed; GRANT OF EASEMENT East of Lot #26 -West of Lot #27 Bellevue Additionl 0 /Z
GRANT OF EASEMENT
Mishawaka Ave. Curb & Sidewalk Replacement
East 21.3 ft. of Lot # 26 Bellevue Addition
West 9 ft. of Lot # 27 Bellevue Addition
1608-1610 Mishawaka Avenue reconstruction.
GRANT OF EASEMENT
MISHAWAKA AVENUE CURB AND SIDEWALK REPLACEMENT
THIS INDENTURE made this�;)-�-V day o� GvrL , 2002, by the Richard and Erica
Broecker (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 East 21.3 feet of Lot Numbered 26 as 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 9 feet of Lot Numbered 27 as part of the Bellevue Addition to the City of South
Bend, in the Office of the Recorder of St. Joseph County, Indiana. Commonly known as
1459 ishawaka 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 26 for a distance of 21.3 feet East and West and as
shovrn 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 27 for a distance of 9 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.
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.
Grantee, its agents, employees, and contractors shall have the right of ingress or egress over
Grantor's real estate 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 4 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.
Grantor reserves the right to use and occupy the surface area on or over the temporary
easement during the period of construction 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 herein
above expressed.
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
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Gary A. Gilot, President
GRANTOR:
RICHARD AND ERICA BROECKER
OWNERS
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Richard Broecker, Owner
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Carl P. Littrell, P.E. Erica Broecker, Owner
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Donald E. Inks, Member
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,STATE OF INDIANA )
SS:
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 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 Richard and Erica Broecker, the Grantor, and acknowledged the execution of this Grant
of Easement as their voluntary act or deed.
WITNESS my hand and Notarial Seal thi---2� day o t�t�i , 2002.
My Commission Expires:
This Instrument was prepared by: AIadean M
City Building, South Bend, IN 46601.
7
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NWARYP
DeRose, Chief Assistant City Attorney, 1400 County-
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 26 FOR A DISTANCE OF 21.3 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 27 FOR A DISTANCE OF 9 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.
Prepared 06-11-02
City of South Bend
Division of Community Development