HomeMy WebLinkAbout#2811- Deed; GRANT OF EASEMENT Public Pedestrian Passage and TransitGrant of Easement -- Colonial Gardens Addition
Lot 2, 2921 Mishawaka Avenue
1316 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LuECKE, MAYOR
BOARD OF PUBLIC WORKS
November 7, 2002
DD & J Partnership
2925 Mishawaka Avenue
South Bend, Indiana 46615
RE: Grant of Easement
Lot 2 Deed42811
Dear DD & J Partnership:
PHONE 5741235-9251
FAx 574/235-9171
TDD 574/ 235-5567
The Board of Public Works, at its September 9, 2002 meeting, approved the above
referred to document. The document was recorded with the St. Joseph County Recorder's office
on September 10, 2002.
Enclosed is a copy for your records.
(-Sincerely,
Angela K. Jacob, Clerk
Enclosure
GRANT OF EASEMENT
IDaZ+83Z4
RECORDED ON
09-10-2002 9:46:20
TERRI J. REMAKE
WALKWAY ST. JOSEPH COUNTY
RECORDER
THIS INDENTURE made this day of 2003, by IA1C& TM-tne't6bim
and the Civil City of South Bend, by and through its D artment of Publicorc CGrante), 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:
Lot Numbered 2 as shown on the Recorded Plat of Colonial Gardens Addition to the
City of South Bend, in the Office of the Recorder of St. Joseph County, Indiana.
Commonly known as 2921 Mishawaka Avenue; and
WHEREAS, Grantee desires and Grantor is willing to grant an easement to Grantee for the
purpose of public pedestrian passage and transit 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 public pedestrian passage and access over 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 South 5 feet of Lot Numbered One (2) for a distance of 18.85 feet East and
West as shown on the recorded Plat of Colonial Gardens Addition to the City of
South Bend, in the Office of the Recorder of 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 this conveyance for pedestrian passage 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 pedestrian passage as
of the date shown on the acknowledgment set forth herein.
GRANTEE:
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
L�
Donald E. Inks, Member
ATTEST:
GRANTOR:
DD & J PARTNERSHIP
OWNER
t
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, 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 c2f day ofG (/ 20009-
A resident of St. Joseph Coun
CLORTA:NOORE:
My Commission Expires: NOTARY PURIC STATE OF
ICSEPH COUNTY -
/�r O MYCONS11S&TON E�(P. NOV.19,.
j` , • t
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally
appeared DD & J Partnership, the Grantor, and acknowledged the execution of this Grant of
Easement as their voluntary act or deed. Q
WITNESS my hand and Notarial Seal this ` day o , 200Q,
17- otary Publ�r :
A resident of St. Jose County, IN:
My Commission Expires: :•r • 1�,.
CJ
his Instru ent 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 NORTHWEST QUARTER OF THE WEST
HALF OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN AND PORTAGE
TOWNSHIPS, ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE SOUTH 5 FEET OF LOT NUMBERED TWO (2) FOR A DISTANCE OF 18.85 FEET
EAST AND WEST AS SHOWN ON THE RECORDED PLAT OF COLONIAL GARDENS
ADDITION TO THE CITY OF SOUTH BEND, IN THE OFFICE OF THE RECORDER OF
ST. JOSEPH COUNTY, INDIANA.
Prepared 7-31-01
City of South Bend
Division of Community Development
'r
1316 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND S=HEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
November 7, 2002
DD & J Partnership
2925 Mishawaka Avenue
South Bend, Indiana 46615
RE: Grant of Easement
Lot 2 Deed#2811
Dear DD & J Partnership:
PHONe574/235-9251
Fax 574I235-9171
TDD 574/ 235-5567
The Board of Public Works, at its September 9, 2002 meeting, approved the above
referred to document. The doctunent was recorded with the St. Joseph County Recorder's office
on September 10, 2002.
Enclosed is a copy for your records.
Enclosure
incerely,
Angela K. Jacob, Clerk
GRANT OF EASEMENT
Qi248�0!4
RECORDED ON
09-10-2002 9:46:20
TERRI J. RETHLAKE
WALKWAY ST. JOSEPH COUNTY
RECORDER
THIS INDENTURE made this _ day of 200O, by IBEG& YRR rtnd,6t $
and the Civil City of South Bend, by and through its De artment of Public Voqi ES tGranteb), 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:
Lot Numbered 2 as shown on the Recorded Plat of Colonial Gardens Addition to the
City of South Bend, in the Office of the Recorder of St. Joseph County, Indiana.
Commonly known as 2921 Mishawaka Avenue; and
WHEREAS, Grantee desires and Grantor is willing to grant an easement to Grantee for the
purpose of public pedestrian passage and transit 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 public pedestrian passage and access over 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 South 5 feet of Lot Numbered One (2) for a distance of 18.85 feet East and
West as shown on the recorded Plat of Colonial Gardens Addition to the City of
South Bend, in the Office of the Recorder of 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 this conveyance for pedestrian passage 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.
40
IN WITNESS WHEREOF, Grantor has executed the Grant of Easement for pedestrian passage as
of the date shown on the acknowledgment set forth herein.
GRANTEE:
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
Donald E. Inks, Member
ATTEST:
.I cob, �/
GRANTOR:
DD & J PARTNERSHIP
OWNER
DD & J Partnership, Owner
v
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, 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 c2f day of�, 20(69.
A resident of St. Joseph Coui
CLORTA M(XV2
My Commission Expires: NMAM(PUBlicSTRT'EOFI1
/9— 0 MY N SCION EXP. NOV
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally
appeared DD & J Partnership, the Grantor, and acknowledged the execution of this Grant of
Easement as their voluntary act or deed.
WITNESS my hand and Notarial Seal this day o , 200Q,Av
�4�i^JQ,i�•
Otary Public ? `
A resident of St. Josee
ounty, IN-,
My Commission Expires:
G
his Instru ent 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 NORTHWEST QUARTER OF THE WEST
HALF OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN AND PORTAGE
TOWNSHIPS, ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE SOUTH 5 FEET OF LOT NUMBERED TWO (2) FOR A DISTANCE OF 18.85 FEET
EAST AND WEST AS SHOWN ON THE RECORDED PLAT OF COLONIAL GARDENS
ADDITION TO THE CITY OF SOUTH BEND, IN THE OFFICE OF THE RECORDER OF
ST. JOSEPH COUNTY, INDIANA.
Prepared 7-31-01
City of South Bend
Division of Community Development