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HomeMy WebLinkAbout#2864- Deed; GRANT OF EASEMENT Temporary Easement for construction� eez) 1911 _;7 y c0'-/ RECIPROCAL AGREEMENT FOR EASEMENTS This Agreement for Easements is dated May L� , 2003, by and between the City of South Bend, Indiana (the "City") and South Bend Christ Temple Church of God in Christ, Inc., (hereinafter the "Church"). NVITTNESSETH: WHEREAS, Church is currently the owner of real estate located at 1214 South Michigan Street, South Bend, Indiana; and WHEREAS, City is in the process of acquiring and will soon be the owner of certain real estate to the south of 1214 South Michigan Street and more particularly described as follows: A part of Lot 1 of Ivy Tech Minor Subdivision to the City of South Bend, a subdivision in the Northwest Quarter of Section 13, Township 37 North, Range 2 East, Portage Township, as recorded in Instrument No. 9750463 in the Office of the Recorder of St. Joseph County, Indiana, described as follows: Commencing at the intersection of the centerline of vacated Paris Street with the East line of Michigan Street as shown on the recorded Plat of "Elder Place" as recorded in the Office of the Recorder of St. Joseph County, Indiana; thence South 89' 46' 31" East along said centerline and a line of said Lot 1 a distance of 195.31 feet; thence South 00' 54' 54" West along a line of said Lot I a distance of 174.26 feet to the Point of Beginning of this description; thence South 89' 51' 38" East a distance of 149.12 feet; thence South 00' 58' 42" West a distance of 353.37 feet to the most Southern line of said Lot 1; thence South 89' 53' 18" West along said most Southern line a distance of 123.33 feet; thence South 89' 49' 27" West along said most Southern line a distance of 214.36 feet to the East line of said Michigan Street; thence North 00' 13' 30" East along said East line and a line of said Lot 1 a distance of 355.05 feet to a line of said Lot 1; thence South 89' 51' 38" East along a line of said Lot 1 a distance of 193.21 feet to the Point of Beginning and containing 2.764 acres more or less: and WHEREAS, the City will build a new central fire station on said property and will need temporary right -of -entry through a portion of the property owned by Church for the purpose of constructing said fire station; and WHEREAS, once the fire station is completed, the City will require drainage easements in its favor from its property onto the property of Church; and WHEREAS, once the construction of the fire station is completed, the Church will need an easement for ingress and egress onto its property, NOW, THEREFORE, in consideration of the foregoing promises and for other good and valuable consideration, receipt of which is hereby acknowledge, Church and City agree as follows: 1. Church shall grant to City so that it may constrict the fire station a Temporary Easement for Right -of- Entry, a copy of which is attached hereto as Exhibit "1 ". 2. Church shall grant to City two (2) perpetual Drainage Easements copies of which are attached hereto as Exhibits "2" and "3". 3. City shall grant to Church an Ingress/Egress Easement a copy of which is attached hereto as Exhibit "4". 4. Upon acquisition of the land, City shall notify Church in writing of that acquisition. Not later than one week after delivery of that Notice to Church at 1214 South Michigan Street, South Bend, Indiana, Church and City shall execute and exchange the four attached documents. Each party shal l have the option to record such documents as it wishes with the St. Joseph County Recorder at its own expense. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary Gilot, President Carl Littrell, Member Donald E. Inks, Member Attest: 1 � Angela Jd ob, Clerk SOUTH BEND CHRIST TEMPLE CHURCH OF GOD IN CHRIST, INC. Representative AGREEMENT FOR THE PURPOSE OF TEMPORARY RIGHT OF ENTRY The undersigned, South Bend Christ Temple Church of God in Christ, Inc., being the Owner of the real estate describe below, gives the right, pnivilege and authority for the purpose of Temporary Right of Entry to the City of South Bend its agents, contractors and subcontractors onto and/or across said real estate for the purpose: Purpose of Entry: To make improvements to the property owned by the City of South Bend Property Description: That part of the Northwest Quarter of Section 13, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, described as follows: Connnencing at the intersection of the centerline of vacated Paris Street with the East line of Michigan Street as shown on the recorded Plat of "Elder Place" as recorded in the Office of the Recorder of St. Joseph County, Indiana; thence South 00' 13' 30" West along said East line a distance of 154.53 feet to the Point of Beginning of this description; thence South 89' 5 1 " 38" East a distance of 193.45 feet to the East line of the grantor's land; thence South 00' 54' 54" West along said East line of the grantor's land a distance of 20.00 feet to the Southeast corner of the grantor's land; thence North 89' 51' 38" West along the South line of the grantor's land a distance of 193.21 feet to the East line of said Michigan Street; thence North 00' 13' 30" East along said East line of Michigan Street a distance of 20.00 feet to the Point of Beginning and containing 0.089 acres more or less. This right of entry shall last until and including December 31, 2004. 0 WNER: SOUTH SEND CHRIST TEMPLE CHURCH OF GOD IN CHRIST, INC. Title: Date: APPROVED Board of Public 'Works ` li 1. Church shall grant to City so that it may construct the fire station a Temporary Easement for Right -of- Entry, a copy of which is attached hereto as Exhibit "1". 2. Church shall grant to City two (2) perpetual Drainage Easements copies of which are attached hereto as Exhibits "2" and "3". 3. City shall grant to Church an Ingress/Egress Easement a copy of which is attached hereto as Exhibit "4". 4. Upon acquisition of the land, City shall notify Church in writing of that acquisition. Not later than one week after delivery of that Notice to Church at 1214 South Michigan Street, South Bend, Indiana, Church and City shall execute and exchange the four attached documents. Each party shall have the option to record such documents as it wishes with the St. Joseph County Recorder at its own expense. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary Gilot, President Carl Littrell, Member Donald E. Inks, Member Attest: 0, � L/ /" -�i� Angela J ob, Clerk SOUTH BEND CHRIST TEMPLE CHURCH OF GOD IN CHRIST, INC. Representative AGREEMENT FOR THE PURPOSE OF TEMPORARY RIGHT OF ENTRY The undersigned, South Bend Christ Temple Church of God in Christ, Inc., being the Owner of the real estate describe below, gives the right, privilege and authority for the purpose of Temporary Right of Entry to the City of South Bend its agents, contractors and subcontractors onto and/or across said real estate for the purpose: Purpose of Entry: To make improvements to the property owned by the City of South Bend Property Description: That part of the Northwest Quarter of Section 13, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, described as follows: Commencing at the intersection of the centerline of vacated Paris Street with the East line of Michigan Street as shown on the recorded Plat of "Elder Place" as recorded in the Office of the Recorder of St. Joseph County, Indiana; thence South 00' 13' 30" West along said East line a distance of 154.53 feet to the Point of Beginning of this description; thence South 89' 51" 38" East a distance of 193.45 feet to the East line of the grantor's land; thence South 00' 54' 54" West along said East line of the grantor's land a distance of 20.00 feet to the Southeast corner of the grantor's land; thence North 89' 51' 3 8 " West along the South line of the grantor's land a distance of 193.21 feet to the East line of said Michigan Street; thence North 00' 13' 30" East along said East line of Michigan Street a distance of 20.00 feet to the Point of Beginning and containing 0.089 acres more or less. This right of entry shall last until and including December 31, 2004. OWNER: SOUTH BEND CHRIST TEMPLE CHURCH OF GOD IN CHRIST, INC. By: _ Title: Date: APPROVED Board of Public Works STATE OF INDIANA ) )SS: COUNTY OF ST. JOSEPH } Before me, a Notary Public in and for said County and State, personally appeared of South Bend Christ Temple Church of God in Christ, Inc., and executed the Agreement for the Purpose of Temporary Right of Entry as his/her voluntary act and deed this day of , 2003. Notary Public Residing in St. Joseph County, Ind. My Commission Expires: GRANT OF PERPETUAL EASEMENT DRAINAGE EASEMENT THIS INDENTURE, made this 1 A ay of 2003 by and between South Bend Christ Temple Church of God in Christ, Inc. (hereinafter "Grantor"), and the City of South Bend, (hereinafter "Grantee"). WITNESSETH: That for One Dollar ($1.00) and other good and valuable consideration, the receipt of which Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a non- exclusive perpetual drainage easement of the nature and at the location hereinafter set forth and described for the installation, construction, operation, maintenance, adjustment, replacement, repair, alteration, removal, modernization, and use as a drainage easement to allow drainage from South Bend Fire Department Central Station, together with the right of ingress to and egress from said easement for the purpose of installing, constructing, operating, maintaining, adjusting, replacing, repairing, altering, removing, and modernizing said drainage easement and other equipment or facilities incident thereto, in, upon, over and under the following described real estate in the City of South Bend, St. Joseph County, State of Indiana, briefly described as follows: That part of the Northwest Quarter of Section 13, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, and being that part of the grantor's land lying within the Drainage Easement in favor of the City of South Bend, Indiana, depicted on the Easement Parcel Plat marked EXHIBIT"B" described as follows: Commencing at the intersection of the centerline of vacated Paris Street with the East line of Michigan Street as shown on the recorded Plat of "Elder Place" as recorded in the Office of the Recorder of St. Joseph County, Indiana; thence South 00' 13' 30" West along said East line to the Southwest corner of the grantor's land; thence South 89' 51' 38" East along the South line of the grantor's land a distance of 183.12 feet to the Point of Beginning of this description; thence North 15 ° 45' 50" East a distance of 4.40 feet; thence North 36' 52' 34" East a distance of 15.25 feet to the East line of the grantor's land; thence South 00' 54' 54" West along said East line a distance of 16.46 feet to the Southeast corner of the Grantor's land; thence North 89' 51' 39" West along the South line of the grantor's land a distance ofl0.09 feet to the Point of Beginning and containing 0.002 acres more or less. 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, and its successors, successors in interest and assigns, to the nature and extent Grantee may desire said rights and interests to accomplish and carry out the general purpose of this conveyance as the same has been hereinabove expressed. The easement hereby granted includes the right and privilege for Grantee at reasonable times to clean and remove from said easement any debris or obstructions interfering with drainage into and throuch said easement. Grantee shall have the right of ingress or egress over Grantor's real estate adjoining said easement when necessary to install, construct, operate, maintain, adjust, replace, repair, alter, remove, modernize, or use the drainage easement and its appurtenances. Grantee will restore the area disturbed by its work to as near the original conditions as is reasonably practicable. The easement granted herein and its associated benefits and obligations, shall constitute covenants running with the real estate, and shall be binding upon the Grantor and be an obligation thereof of every person or entity how or hereafter having any fee, leasehold, or other interest in all or any part of the said real estate. This indenture shall bind and inure to the benefit of the respective successors and assigns of the parties hereto. The Grantor hereby covenants with Grantee that it is lawfully seized and possessed of the parcel of real estate hereinabove described; that it has a good and lawful right to sell and convey; and that it will warrant and forever defend the title and quiet possession thereto against the lawful claims of all persons whomsoever. Grantor hereby releases any and all claims from whatsoever cause, incidental to the exercise of any rights herein granted, except for damage to Grantor caused by the intentional or negligent act or omission of Grantee, its agents, employees, or licensees. IN WITNESS WHEREOF, the said Grantor has executed this Grant of Iron -Exclusive Perpetual Easement for drainage easement on the date shown in the acknowledgment set forth herein. SOUTH BEND CHRIST TEMPLE CHURCH OF GOD IN CHRIST, INC. �: ATTEST: STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, the undersigned, a Notary Public in and for said State, personally appeared — personally known by me to be the representative of the South Bend Christ Temple Church of God in Christ, Inc., Grantor in the above Grant of Perpetual Easement, and acknowledged the execution of the same by his/her voluntary act and deed. WITNESS my hand and Notarial Seal this My Commission Expires: day of , 2003. (Written Signature) (Printed Signature) Notary Public Residing in County, N hPP'OV'D Board of Public Works GRANT OF PERPETUAL, EASEMENT DRAINAGE EASEMENT THIS INDENTURE, made this day of , 2003 by and between South Bend Christ Temple Church of God in Christ, Inc. (hereinafter" Grantor"), and the City of South Bend, (hereinafter "Grantee"). WITNESSETH: That for One Dollar ($1.00) and other good and valuable consideration, the receipt of which Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a non- exclusive perpetual drainage easement of the nature and at the location hereinafter set forth and described for the installation, construction, operation, maintenance, adjustment, replacement, repair, alteration, removal, modernization, and use as a drainage easement to allow drainage from South Bend Fire Department Central Station, together with the right of ingress to and egress from said easement for the purpose of installing, constructing, operating, maintaining, adjusting, replacing, repairing, altering, removing, and modernizing said drainage easement and other equipment or facilities incident thereto, in, upon, over and under the following described real estate in the City of South Bend, St. Joseph County, State of Indiana, briefly described as follows: That part of the Northwest Quarter of Section 13, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, and being that part of the grantor's land lying within the Drainage Easement in favor of the City of South Bend, Indiana, depicted on the Easement Parcel Plat marked EXHIBIT'B" described as follows: Commencing at the intersection of the centerline ofvacated Paris Street with the East line of Michigan Street as shown on the recorded Plat of "Elder Place" as recorded in the Office of the Recorder of St. Joseph County, Indiana; thence South 001 13' 30" West along said East line to the Southwest corner of the grantor's land; thence South 89' 5 P 38" East along the South line of the grantor's land a distance of 48.77 feet to the Point of Beginning of this description; thence North 00' 08' 22" East a distance of 10.00 feet; thence South 89' 51' 38" East a distance of 10.00 feet; thence South 00' 08' 22" West a distance of 10.00 feet to said South line; thence North 89' 51' 38" West along said South line a distance of 10.00 feet to the Point of Beginning and containing 0.002 acres more or less. 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, and its successors, successors in interest and assigns, to the nature and extent Grantee may desire said rights and interests to accomplish and carry out the general purpose of this conveyance as -the same has been hereinabove expressed. The easement hereby granted includes the right and privilege for Grantee at reasonable times to clean and remove from said easement any debris or obstructions interfering with drainage into and through said easement. Grantee shall have the right of ingress or egress over Grantor's real estate adjoining said easement when necessary to install, construct, operate, maintain, adjust, replace, repair, alter, remove, modernize, or use the drainage easement and its appurtenances. Grantee will restore the area disturbed by its work to as near the original conditions as is reasonably practicable. The easement granted herein and its associated benefits and obligations, shall constitute covenants running with the real estate, and shall be binding upon the Grantor and be an obligation thereof of every person or entity how or hereafter having any fee, leasehold, or other interest in all or any part of the said real estate. This indenture shall bind and inure to the benefit of the respective successors and assigns of the parties hereto. The Grantor hereby covenants with Grantee that it is lawfully seized and possessed of the parcel of real estate hereinabove described; that it has a good and lawful right to sell and convey; and that it will warrant and forever defend the title and quiet possession thereto against the lawful claims of all persons whomsoever. Grantor hereby releases any and all claims from whatsoever cause, incidental to the exercise of any rights herein granted, except for damage to Grantor caused by the intentional or negligent act or omission of Grantee, its agents, employees, or licensees. IN WITNESS WHEREOF, the said Grantor has executed this Grant of Non -Exclusive Perpetual Easement for drainage easement on the date shown in the acknowledgment set forth herein. SOUTH BEND CHRIST TEMPLE CHURCH OF GOD IN CHRIST, INC. M 011MIM421 STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before nee, the undersigned, a Notary Public in and for said State, personally appeared personally known by me to be the representative of the South Bend Christ Temple Church of God in Christ, Inc., Grantor in the above Grant of Perpetual Easement, and acknowledged the execution of the same by his/her voluntary act and deed. WITNESS my hand and Notarial Seal this My Commission Expires: day of , 2003. (Written Signature) (Printed Signature) Notary Public Residing in _ County, IN APPROVED Board of Public Works GRANT OF EASEMENT INGRESS/EGRESS THIS INDENTURE, made this 1,9j"day of J "�{ 2003, by and between Civil City of South Bend, by and through its Department of Public Works (Grantor) and the South Bend Christ Temple Church of God in Christ, Inc. (Grantee), in favor of the South Bend Christ Temple Church of God in Christ, Inc., their successors and assigns. 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: That part of the Northwest Quarter of Section 13, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, and being that part of the grantor's land lying within the Ingress -Egress Easement in favor of South Bend Christ Temple Church of God in Christ, Inc. depicted on the Easement Parcel Plat marked EXHIBIT "B" described as follows: Commencing at the intersection of the centerline of vacated Paris Street with the East line of Michigan Street as shown on the recorded Plat of "Elder Place" as recorded in the Office of the Recorder of St. Joseph County, Indiana; thence South 00' I T 30" West along said East line a distance of 184.38 feet to the Point of Beginning of this description; thence South 89' 49' 39' East a distance of 64.18 feet; thence North 830 43' 50" East a distance of 42.94 feet; thence North 06' 16' 15" West, a distance of 5.13 feet to the North line of the grantor's land; thence South 89' 51' 38" East along said North line a distance of 32.44 feet; thence South 06' 16' 15" East a distance of 26.50 feet; thence South 83 ° 43' 50" West a distance of 76.61 feet; thence North 891 49' 39" West a distance of 62.56 feet; thence South 82' 40' 17" West a distance of 3.05 feet to said East line; thence North 00' 13' 30" East a distance of 25.40 feet to the Point of Beginning and containing 0.083 acres more or less. WHEREAS, Grantee desires and Grantor is willing to grant an easement to Grantee for the purpose of ingress and egress across a portion of the above described real estate. WITNESSETH: That for One Dollar ($1.00) and other good and valuable consideration, the receipt of which Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a permanent easement of the nature and at the Iocation hereinafter set forth as described for ingresslegress for vehicles on the following described real estate in the City of South Bend, St. Joseph County, State of Indiana, described more fully as follows: That part of the Northwest Quarter of Section 13, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, and being that part of the grantor's land lying within the Ingress -Egress Easement in favor of South Bend Christ Temple Church of God in Christ, Inc. depicted on the Easement Parcel GRANT OF EASEMENT INGRESS/EGRESS THIS INDENTURE, made this' 1-9j"r_"day of !! "�2003, by and between Civil City of South Bend, by and through its Department of Public Works (Grantor) and the South Bend Christ Temple Church of God in Christ, Inc. (Grantee), in favor of the South Bend Christ Temple Church of God in Christ, Inc., their successors and assigns. 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: That part of the Northwest Quarter of Section 13, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, and being that part of the grantor's land lying within the Ingress -Egress Easement in favor of South Bend Christ Temple Church of God in Christ, Inc. depicted on the Easement Parcel Plat marked EXHIBIT "B" described as follows: Commencing at the intersection of the centerline of vacated Paris Street with the East line of Michigan Street as shown on the recorded Plat of "Elder Place" as recorded in the Office of the Recorder of St. Joseph County, Indiana; thence South 00' 13' 30" West along said East line a distance of 184.38 feet to the Point of Beginning of this description; thence South 89' 49' 39' East a distance of 64.18 feet; thence North 83' 43' 50" East a distance of 42.94 feet; thence North 06' 16' 15" West, a distance of 5.13 feet to the North line of the grantor's land; thence South 89' 51' 38" East along said North line a distance of 32.44 feet; thence South 06' 16' 15" East a distance of 26.50 feet; thence South 83' 43' 50" West a distance of 76.61 feet; thence North 89' 49' 39" West a distance of 62.56 feet; thence South 82' 40' 17" West a distance of 3.05 feet to said East line; thence North 00' 13' 30" East a distance of 25.40 feet to the Point of Beginning and containing 0.083 acres more or less. WHEREAS, Grantee desires and Grantor is willing to grant an easement to Grantee for the purpose of ingress and egress across a portion of the above described real estate. WITNESSETH: That for One Dollar (S 1.00) and other good and valuable consideration, the receipt of which Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a permanent easement of the nature and at the location hereinafter set forth as described for ingress/egress for vehicles on the following described real estate in the City of South Bend, St. 3oseph County, State of Indiana, described more fully as follows: That part of the Northwest Quarter of Section 13, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, and being that part of the grantor's land lying within the Ingress -Egress Easement in favor of South Bend Christ Temple Church of God in Christ, Inc. depicted on the Easement Parcel Plat marked EXHIBIT "B" described as follows: Commencing at the intersection of the centerline of vacated Paris Street with the East line of Michigan Street as shown on the recorded Plat of "Elder Place" as recorded in the Office of the Recorder of St. Joseph County, Indiana; thence South 00' 13' 30" West along said East line a distance of 184.38 feet to the Point of Beginning of this description; thence South 89' 49' 39' Ease a distance of 64.18 feet; thence North 83' 43' 50" East a distance of 42.94 feet; thence North 06' 16' 15" West, a distance of 5.13 feet to the North line of the grantor's land; thence South 89' 51' 38" East along said North line a distance of 32.44 feet; thence South 06' 16' 15" East a distance of 26.50 feet; thence South 83' 43' S0" West a distance of 76.61 feet; thence North 89" 49' 39" West a distance of 62.56 feet; thence South 82' 40' 17" West a distance of 3.05 feet to said East line; thence North 00' 13' 30" East a distance of 25.40 feet to the Point of Beginning and containing 0.083 acres more or less. 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 as the same has hereinabove been expressed. The easement hereby granted is for the exclusive benefit of the South Bend Christ Temple Church of God in Christ, Inc. 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 hereinabove expressed. 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 and shall hold Grantor harmless for any claim for damages as to personal premises resulting from the use and enjoyment thereof by Grantee. IN WITNESS WHEREOF, Grantor has executed this Grant of Easement for ingress/egress on the date shown on the acknowledgment set forth herein. GRANTEE: SOUTH BEND CHRIST TEMPLE CHURCH OF GOD IN CHRIST, INC GRANTOR: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary Gilot Carl Littrell Don Inks A ST: Angela K. cob, CIer Board of Public Works