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Home My WebLink About#2883- Deed; GRANT OF EASEMENT Temporary Easement for construction=�- y s �J n / � r � )�6 L 0 F6w C,F P�8,: / C L 04J-,S 0347i067 GRANT OF EASEMENT RECORDED ON 07/29/2003 02:03:37PM INGRESS/EGRESS TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER THIS INDENTURE, made this � 0-- day of 2003, }ffCar4kytwee%gv�0 City of South Bend, by and through its Department of Publi or (Grantof)kUk5the 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' 3 8 " 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 ($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. 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 JLO 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 890 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' 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. 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. fN 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 qt RCH OF GOD IN CHRIST, INC. ��Jrli�! .'a or J. L. Hodges GRANTOR: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary Gilo p e� JCarlttrell / Don Inks ATTEST: (111h 'U K � Angela K. cob, Clerk Board of Public Works STATE OF INDIANA ) COUNTY OF ST. JOSEPHI Before me, a Notary Public in and for said County and State personally appeared J.L. Bodges, Pastor of South Bend Christ Temple Church of God in Christ, Inc. and acknowledged the execution of the foregoing Grant of Eastment. WITNESS my hand and seal this a ,Y of My Commission Expires. r Jan. 1, 2008 R. Kuehl, Notaryq,_ ��i-c'apr Res_ding in St. Josephs. ntX; �I' EDWARD A.CHAPLEAU JAMES R, KUEHL RUSSELL C. KUEHL (1905-1984) LOUIS C. CHAPLEAU (1907-1990) CHAPLEAU & KUEHL ATTORNEYS AT LAW AN ASSOCIATION OF SOLE PRACTITIONERS 419 W. JEFFERSON BLVD., P.O. BOX 928 SOUTH BEND, INDIANA 46624 TELEPHONE: (219) 234-0041 July 25, 2003 Mr. Carl Li ttrel lJg�'� �i tfti City Engineer City of South Bend VIA HAND DELIVERY RE: South Bend Christ Temple Church of God in Christ, Inc. Dear Mr. Littrell: Please find enclosed the documents you delivered to me properly executed by the Pastor of the South Bend Christ Temple Church of God in Christ. I talked with Attorney Tom Bodnar and he advised me that the city would record the easements. Would you please see that a copy of the easements are forwarded to me after recording. Thank you for your assistance and should you desire any further documents please advise. Very truly yours, JAMES R . KUE JRK:arw Enc. �0�� Q 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LuECKE, MAYOR BOARD OF PUBLIC WORKS October 8, 2003 Pastor J.L. Hodges South Bend Christ Temple Church of God in Christ, Inc. 1214 S. Michigan Street South Bend, Indiana 46601 RE: Grant of Easement Deed# 2883 Dear Pastor Hodges: PHONE 574/ 235-9251 FAX 574/235-9171 TDD 574/ 235-5567 The Board of Public Works, at its July 14th, 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, I la K. cab, Clerk Enclosure