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Home My WebLink About#2793- Deed; GRANT OF EASEMENT East of vacated alley West of Lot #46�a7�3 GRANT OF EASEMENT Mishawaka Ave. Curb & Sidewalk Replacement East 7 Ft. of vacated alley West of Lot #46 Bellevue Addition -West 15 Ft. of Lot # 46 Bellevue Addition/1614 Mishawaka Ave. Reconstructiol p,>_, �/C,5 Co j. 5 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BFND STEPHEN J. LUEcKE, MAYOR BOARD OF PUBLIC WORKS February 26, 2003 Mr. and Mrs. Edgar Weninger 1614 Mishawaka Avenue South Bend, Indiana 46615 RE: Grant of Easement 1614 Mishawaka Avenue Dear Mr. and Mrs. Weninger: PHONE 574! 235-9251 Fax 574/235-9171 TDD 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. Enclosure Sincerely, LEI �n6ela T�.Iacab Cler 5 �J 5�G1 Py ILI Li JUN 2 5 2002 GRANT OF EASEMENT MISHAWAKA AVENUE CURB AND SIDEWALK REPLACEMENT THIS INDENTURE made this day of V%JL- , 2002, by the Edgar and Doris Weninger (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 7 feet of the vacated alley west of Lot Numbered 46 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 15 feet of Lot Numbered 46 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 1614 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 vacated alley west of Lot Numbered 46 for a distance of 7 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 46 for a distance of 15 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 1r 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 IA Gary A. Gilot, resident �a-v Carl P. Littrell, P.E. GRANTOR: EDGAR AND DORIS WENINGER OWNERS X__a15 Edga Weninger, Owner Doris Weninger, Owner Donald E. Inks, Member •• N 0toL • 0MPA N ' l;F ATTEST: �P t-• C' G �7 M00 Angewk 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 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, a Notary Public in and for St. Joseph County, Indiana personally appeared Edgar and Doris Weninger, the Grantor, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. y.. i.l . WITNESS my hand and Notarial Seal this dday of 20 '��.•i' Jet .,�:;;, ef. /tip /�`._�// /I /I / /!% �/ � i. ••s?'✓1-• _ .. - . ot Commission Expires: My P 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 VACATED ALLEY WEST OF LOT NUMBERED 46 FOR A DISTANCE OF 7 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 46 FOR A DISTANCE OF 15 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