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Home My WebLink About#2791- Deed; GRANT OF EASEMENT East of Lot #47 & Lot #48 Bellevue Addition7// GRANT OF EASEMENT Mishawaka Ave.Curb & Sidewalk Replacement East 24 ft of Lot #47 Bellevue Addition Lot # 48 Bellevue Addition 1622 Mishawaka Ave. Reconstruction. 0,2 - I/Cs 6- 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF S01U'rH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS February 26, 2003 Mr. Daniel Zeiger 117 West Catalpa Mishawaka, Indiana 46545 RE: Grant of Easement 1622 Mishawaka Avenue Dear Mr. Zeiger: PHONE 574/ 235-9251 FAX 5741235-9171 TOD 574/ 235-5567 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, 1 Angela . Jacob, Clerl , Enclosure �67 I GRANT OF EASEMENT MISHAWAKA AVENUE CURB AND SIDEWALK REPLACEMENT THIS INDENTURE made this g7ly day ofJI-16 V , 2002, by the Daniel Zeiger (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 24 feet of Lot Numbered 47 as part of the Bellevue Addition to the City of South Bend, in the Office of the Recorder of St. Joseph County, Indiana; and Lot Numbered 48 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 1622 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 47 for a distance of 24 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 48 for a distance of 41 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. estore 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 * 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 Gary A. Gilot, President Carl P. Littrell, P.E. Donald E. Inks, Member ATTEST: .. GRANTOR: DANIEL ZEIGER OWNER Lj 1,S Daniel Zeiger, , O Oney, � r'II� �I cr JUnr N z? �M o By_ S-4'" �} OWL, C3 • N W t,11 �'�CJ sA F4' C7 rV [r] �I (J =�D- M 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 deed. WITNESS my hand and Notarial Seal thisJ6-c6day of� 2002. c� Nota ublic A resident of St. Joseph County, IN My Commission Expires: 1 STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana personally appeared Daniel Zeiger, the Grantor, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal thisA�day of 2002. .ti r Notary ubli'c0 y. f, 4'x�. 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 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 47 FOR A DISTANCE OF 24 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 48 FOR A DISTANCE OF 41 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