HomeMy WebLinkAbout#2882- Deed; GRANT OF EASEMENT Sec 2, Twp 37 N, range 2 E, Portage Twp.�n a
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GRANT OF EASEMENT �,`
This Indenture, made and entered into this _ZKq day of4k 2003, by and between
Elizabeth Memorial Church of God hereinafter referred to as "Grantor", and the Board of Public
Works of the City of South Bend, Indiana, hereinafter referred to as 'Grantee".
WITNESSETH:
WHEREAS, Elizabeth Memorial Church of God is the owner of real estate located in the
City of South .Bend, Indiana described as follows:
Key Numbers: 18-1038-1595; 18-1038-1596; 18-1038-1598
Being part of the West half of the Southwest quarter of Section 2, Township 37
North, Range 2 East, Portage Township, City of South Bend, St. Joseph County,
Indiana.
Lots 1, 2, 3 and 45 of the Orchard Heights Addition as recorded in the Office of the
Recorder of St. Joseph County, Indiana at Book 6, Page 19.
WHEREAS, the City desires to place a control panel, and antenna on top of a 20 foot utility
pole, and connecting conduits with wires to control the flow of the sewer systems located in a
currently existing easement on the Grantor's property, and a concrete pad, all of which items will be
on the Grantor's property; and
WHEREAS, Grantor agrees that the control panel, utility pole, antenna and conduits can be
placed on the aforementioned property in the following location:
Key Number: 18-1038-1595
Being part of the West half of the Southwest quarter of Section 2, Township 37
North, Range 2 .East, Portage Township, City of South Bend, St. Joseph County,
Indiana.
Beginning at the Southeast corner of Lot 3, of Orchard Heights Addition as recorded
in the Office of the Recorder of St. Joseph County, Indiana as Book 6, Page 19.
Thence Northwest along the South property line a distance of 7 feet; thence
Northeast parallel to the West right-of-way line of Walnut Avenue a distance of 35
feet; thence Southeast parallel to the South lot line of said Lot 3 a distance of 7 feet;
thence Southwest along said West right-of-way line of Walnut Avenue and the East
property line of said Lot 3 a distance of 35 feet to the place of beginning.
Subject to all legal easements and right-of-way restrictions of record.
NOW, THEREFORE, for and in consideration of the foregoing, of the agreements and
covenants herein contained and other good and valuable consideration given by each party hereto
unto the others, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
1. Inco oration of Recitals. The recitals hereto are incorporated into and made apart of this
instrument.
2. Grant of Easement. Elizabeth Memorial Church of God does hereby grant to the City of
South Bend, its successors and assigns, a non-exclusive right, privilege and easement beginning at
the Southeast corner of Lot 3, of Orchard Heights Addition as recorded in the Office of the Recorder
of St. Joseph County, Indiana as Book 6, Page 19. Thence Northwest along the South property line
a distance of 7 feet; thence Northeast parallel to the West right-of-way line of Walnut Avenue a
distance of 35 feet; thence Southeast parallel to the South lot line of said Lot 3 a distance of 7 feet;
thence Southwest along said West right-of-way line of Walnut Avenue and the East property line
of said Lot 3 a distance of 35 feet to the place of beginning.
Grantee will restore the area disturbed by its work to a condition as good or better than the
original condition.
Grantor reserves the right to use the surface area of the easements provided that such use does
not disrupt or disturb the improvements made by the Grantee. Grantors shall not erect any structure
on the easement area or allow any object to be placed thereon that would restrict the functioning of
or the access to the control panel and other instruments.
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 now 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.
3. Items Within the Easement. On the surface of the easement will be a control panel and
an antenna attached to a 20 foot utility pole. The control panel will be mounted in a concrete pad
for greater stability. There will be a subsurface conduit with wires running from the control panel
to a gate in the sewer systems below and to the utility pole.
4. Duration of Easement. This grant of easement is made so long as the control panel is
deemed necessary in the sole discretion of the Public Works Engineer.
5. Indemnification. Grantee agrees to indemnify, defend and hold harmless Elizabeth
Memorial Church of God, its agents and employees, from any claim, suit, cause of action or loss of
any kind, including attorneys fees, arising from the use of the easement granted herein.
6. Consideration. In further consideration for this Grant of Easement as well as a Grant of
Temporary Right of Entry, the Grantee agrees to repair four concrete sidewalk sections nearest the
vacated alley along Walnut Street. This is in addition to the repair of the steps and possibly other
portions of the concrete sidewalk or entry way which will necessarily have to be torn up as part of
this construction.
IN WITNESS WHEREOF, the said Grantor has executed this Grant of Easement on the date
set forth herein.
GRANTEE
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
Gary Gilot, Pr sident
Carl Littrell
C 1r-
Donald Inks
Attest:
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Angela kJ Jacob, Clerk
Subscribed and sworn to before
me, a Notary Public in and for
St. Joseph County, State of
dean , this `ram day of
- 2003.
Notary Public
Residing in St;oseph County
State of Indiana
My Commission Expires:
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GRANTOR
ELIZABETH MEMORIAL CHURCH
OF GOD
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Subscribed and sworn to before
me, a Notary Public in and for
St- Joseph County State of
Indiana, this c7C d" day of
2003.
Residing in St. Joseph
State of Indiana
My Commission Expires:
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BOARD OF PUBLIC WORKS
AGENDA ITEM REQUEST
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All agenda item documents must be in
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Original Format and Si ned
Date: July 29, 2003
From: Jason J. Durr, P.E.
Department/Phone: Engineering / 235-5998
For Board of Works Meeting (date): Special Meeting on July 29, 2003
Type of Agenda Item - (Please Specify Type of Agenda Item) Easement Agreement
Purpose: Request the BPW to sign the easement agreement with the Elizabeth Memorial
Church at Lincolnway and Walnut. The easement is for the placement of the control
box and antenna pole for the Walnut / Euclid Control Structure Iniprovenient Project.
Amount of Con tract/Agreement/Propos aI/Letter Agreement/Amendment: N/A
Project Number: 102-078C
Funding Source: (i.e., COIT, Sewage Works, LRSA) N/A
Total Percent of Increase/Decrease: N/A
agenda item request fomt_cascment.%vpd
1316 COUNTY -CITY BUILDING
SO TEi BEND, INDI.ANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. L.UECKE, MAYOR
BOARD OF PUBLIC WORKS
October 8, 2003
Mr. Joe W. Howard
Elizabeth Memorial Church of God
1248 LW W
South Bend, Indiana 46601
RE: Grant of Easement
Deed# 2882
Dear Mr, Howard:
PHONE 574/ 235-9251
Fnx 574/235-9171
TDD 574/ 235-5567
The Board of Public Works, at its July 28th, 2003 meeting, approved the above referred to
document. The document was recorded with the St. Joseph County Recorder's office on July 29`h,
2003.
Enclosed is a copy for your records.
Sincerely,
Angela M Jacob, Cl rk
Enclosure