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HomeMy WebLinkAbout#3250- Deed; GRANT OF EASEMENT AGREEMENT and QUIT-CLAIM DEED That Part of the NW Quarter of Sec 31, Twnshp 37 N, Range 3 E, Beg at the SW Corner of Lot 2 of York Road Fire Station Minor Sub3 a 10/ 17/2008 f Grant of Easement Agreement & Quit Claim Deed 23-1017-106402 & 23-1017-1065 LOT NO. 2 SUB: York Road Fier Station Minor Sub South Bend Community Schl. York Road Description: That Part of the Northwest Quarter of Section 31, Township 37 North, Range 3 East, Centre Township: Beginning at the Southwest Corner of Lot 2 of the Plat of "York Road Fire Station Minor Sub" II recorded as Doc. No. 9805232 in the Records of the St. Joseph RECORDED AS PRESENTED ON 10/17/2008 03040.02P,N QUITCLAIM DEED RETURN TO: City of South Bend Legal Department 227 West Jefferson Blvd., Suite 1400 N South Bend, Indiana 46601 PROPERTY ADDRESS: Parts of Land Adjacent Hamilton School South Bend, Indiana 46601 MAIL TAX STATEMENTS TO: TERRI J. RE'L•HL.nKE ST. JOSEPH COUNTY RECORDER REC FEE„ $20.00 WAGES32 - AUDITOR'S RECORD Transfer No. (0 ��' Taxing Unite Date _ / D �� 7 - Tax ID No. Parts of 23-1017-106402 and 23-1017-1065 THIS INDENTURE WITNESSETH that the SOUTH BEND COMMUNITY SCHOOL CORPORATION ("Grantor"), of St. Joseph County, Indiana, RELEASES AND QUIT CLAIMS to the CITY OF SOUTH BEND ("Grantee"), an Indiana municipal corporation, of St. Joseph County, Indiana, for and in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, all right, title, and interest which the Grantor has or may have in that certain real estate located in St. Joseph County, Indiana, which is more particularly described on Exhibit A attached hereto and incorporated herein by reference, together with all improvements thereon and appurtenances thereto. Subject to: (i) current taxes not yet due and payable, (ii) all legal highways, and (iii) easements, covenants, conditions, restrictions and other matters of record. The undersigned persons executing this deed on behalf of Grantor represent and certify that Grantor has full capacity to convey the real estate described herein and that they have been duly authorized by all necessary action of the South Bend Community School Corporation Board of School Trustees to execute and deliver this deed on behalf of Grantor. IN WITNESS WHEREOF: By: Sheila Bergero Its: President South Bend Community School Corporation STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) ATTEST: - ik"' m , a., By: Dawn Jones Its: Secretary South Bend Community School Corporation Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Sheila Bergeron and Dawn Jones, the President and Secretary, respectively, of the South Bend Community School Corporation, who acknowledged the execution of the foregoing Deed and who, having been duly sworn, stated that the representations therein contained are true. WITNESS, my hand and Seal this day of , 2008. Notary Public 14Lz -[SEAL] A resident of St. Joseph County, Indiana My Commission Expires: I `affttrri, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. /s/ Wendy K. Walker -Dyes. THIS INSTRUMENT PREPARED by: Wendy K. Walker -Dyes, Baker & Daniels LLP 202 S. Michigan Street, Suite 1400, South Bend, Indiana 46601. VkE-RIE S.WURN, Notary Public d' SEAL AResidentofSt.JoseOCourRy.lN My Cortenjssion Expires: FHB. , 0 EXHIBIT A That part of the Northwest Quarter of Section 31, Township 37 North, Range 3 East, Centre Township, City of South Bend, St. Joseph County, Indiana which is described as: Beginning at the Southwest corner of Lot #2 of the Plat of "York Road Fire Station Minor Subdivision" recorded as Document No. 9805232 in the Records of the St. Joseph County, Indiana Recorder's Office; thence N. 00°-20'-23" E. along the West line of said Lot #2, a distance of 265.00 feet; thence N. 89°- 59'-20" E. a distance of 340.35 feet to the West line of Lot 41 of said Plat; thence S. 00°-05'-03" E. along said West line a distance of 265.00 feet to the South line of said Lot 42; thence S. 89°-59'-20" W. along said South line a distance of 342.31 feet to the Point of Beginning. Containing 2.08 acres more or less. NQId Ra&d C� RECORDED AS PRESENTED ON 10/17/2008 03:40:03PN T ERRI J. RETHLAKE- ST. JOSEPH COUNTY RECORDER REC FEE.- $23.00 PAGES: 6 Cross -Reference York Road Fire Station Minor Subdivision Instrument No. 9805232 GRANT OF EASEMENT AGREEMENT This Grant of Easement Agreement (this "Agreement") is made this 'i "`day of s ` , 2008, by the SOUTH BEND COMMUNITY SCHOOL CORPORATION ("Gr ntor"), in favor of the CITY OF SOUTH BEND, an Indiana municipal corporation ("Grantee"). RECITALS A. WHEREAS, Grantor is the fee simple owner of certain real property located in the City of South Bend, St. Joseph County, Indiana (the "Grantor's Property"); and B. WHEREAS, Grantor desires to grant to Grantee and Grantee desires to obtain from Grantor, a perpetual, non-exclusive easement on, in, under, above, over, across, and through that portion of the Grantor's Property that is more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Easement Area") to install, maintain, operate, repair, replace, and inspect storm sewer utility lines and appurtenances thereto (the "Facilities"); and, C. WHEREAS, Indiana Code 36-1-11-8 permits Grantor and Grantee to transfer property upon terms and conditions agreed upon by the entities as evidenced by the adoption of substantially identical resolutions by the Board of Public Works of Grantee and the Board of School Trustees of the School Corporation, in which the custody and control of the Grantor's real estate is vested pursuant to Indiana Code 20-26-5-4 in accordance with Indiana Code 20-26-7-1. GRANT AND AGREEMENT NOW, THEREFORE, in consideration of the conveyance, mutual promises, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows. 4 1. Grant. Grantor hereby grants and conveys a non-exclusive easement (the "Easement") on, in, under, above, over, across, and through the Easement Area to Grantee and Grantee's permitted grantees, licensees, successors, and assigns, for purposes of installing, maintaining, operating, repairing, replacing, and inspecting storm sewer utility mains, lines, equipment, and facilities necessary for the storawater drainage (collectively the "Facilities"). The Easement and rights granted herein shall include the non-exclusive right to: (a) install, maintain, operate, repair, replace, and inspect the Facilities; (b) enter upon the Easement Area for the purpose of exercising any of the rights granted herein; and (c) enter upon and across those portions of Grantor's Property located adjacent to the Easement Area to the extent reasonably necessary to exercise the rights granted herein (the "Permitted Uses"). 2. Nature of Easement Rights. The Easement and rights granted herein, and, together with the burdens thereof and obligations associated therewith, shall also: (a) run with and burden the Easement Area; (b) inure to the benefit of Grantee and its permitted grantees, licensees, successors, and assigns; and (c) bind Grantor (as the owner of the Easement Area) and its grantees, successors, and assigns. Each instrument that conveys, grants, creates, or assigns any interest in all or any portion of the Easement Area shall be deemed to impose as a limitation or restriction upon the entire or such portion of the Easement Area, the burden of the Easement and rights granted herein and the obligations associated therewith, whether or not the instrument of conveyance expressly imposes such limitation or restriction. Grantor shall have the right to use the Easement Area for purposes which are not inconsistent and do not interfere with the rights granted to Grantee hereunder. 3. Assignment. Grantee may assign its rights under tivs Agreement to an entity controlling, controlled by, or under common control with Grantee without the prior written consent of Grantor. Any other assignment or transfer of this Agreement or any rights hereunder by Grantee shall require the prior written consent of Grantor, which consent may be withheld in Grantor's sole and absolute discretion. 4. Condition of the Easement Area. Except as expressly set forth in this Agreement, it is understood and agreed that Grantor is not making and has not at any time made any representations or warranties of any kind or character, express or implied, with respect to the Easement Area. Grantor assumes no obligation to make any improvements to, or to provide any security for, the Easement Area, or to ensure that the Easement Area complies with applicable zoning ordinances or other laws and regulations. Upon completion of any work by Grantee in or upon the Easement Area, Grantee shall restore the Easement Area to its prior condition. Grantee shall maintain the Facilities in good operating condition and repair. 5. Owner. The undersigned persons executing this Agreement on behalf of Grantor represent and certify that Grantor is the fee simple owner of the Easement Area, that Grantor has full right and power to convey the Easement described herein, and that they have been duly authorized by all necessary action of the South Bend Community School Corporation Board of School Trustees to execute and deliver this Agreement on behalf of Grantor. J b. Indemnification. Grantee shall indemnify and hold Grantor and Grantor's officers, trustees, agents, employees, contractors, and invitees harmless against any liabilities, losses, damages, costs or expenses, including attorney's fees, arising from any claims, action, or proceeding based upon or in any way related to: (i) Grantee's use of the Easement Area or the Grantor's Property; (ii) Grantee's failure to adequately maintain the Facilities; or (iii) the acts of Grantee's officials, employees, contractors, agents, or invitees on or about the Easement Area or the Grantor's Property. Grantee also agrees to promptly discharge, or cause to be discharged, all mechanic's and materialmen's liens asserted against the Easement Area or Grantor's Property that arise out of or in coruiection with the Facilities or Grantee's exercise of its rights granted hereunder. Grantee's indemnification under this paragraph shall survive the expiration or early termination of this Agreement. 7. Governing Law. The covenants, conditions, terms, and provisions of this Agreement shall be governed by and construed in accordance with the laws of the State of Indiana. 8. Entire Agreement. This Agreement and all exhibits form the entire agreement between the parties with respect to the subject matter of this Agreement and all prior negotiations and agreements with respect to the Easement between the parties, whether written or oral, shall be of no further force and effect. This Agreement may not be modified except by a written document signed by both parties. 9. Effective Date. This Agreement shall be effective as of the date set forth at the beginning of this Agreement. [REMAINDER OF PAGE IS INTENTIONALLY BLANK; SIGNATURE PAGES FOLLOW] IN WITNESS W EREOF, Grantor has duly executed this Grant of Easement Agreement on this l day of , 2008. 41 Jar es M. Kapsa Its: nterim Superintendent South Bend Community School Corporation STATE OF INDIANA ) ) SS: COUNTY OF v ) AT�T: Jo i Strauss Its: s stant Superintendent South Bend Community School Corporation Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Sheila Bergeron and Dawn Jones, the President and Secretary, respectively, of the South Bend Community School Corporation, who acknowledged the execution of the foregoing Grant of Easement Agreement and who, having been duly sworn, stated that the representations therein contained are true. WITNESS, my hand and Seal this - day of , 2008. Notary Public A resident of St. Joseph County, Indiana My Conunission Expires: RY A VALERIE S. WURN, (Votary Public • SEAL • A Resident of St. Joseph Co arty W My Commission Expires: FE8.7, 201D FOF IN WITNESS WHEREOF, Grantee has duly executed this Grant of Easement Agreement on this 'Kfhdayof,� , 2008. ATTEST: hy`A r r By: Gary . Giloott, P.E. 41s: Linda M. Ma in Its: President lerk Board of Public Works, City of South Bend Board of Public Works, City of South Bend STATE OF INDIANA ) f ) SS: F�yT COUNTY O� ) Before me, a Notary Public in and for the County and State referenced above, personally appeared Gary A. Gilot and Linda M. Martin, the President and Clerk, respectively, of the Board of Public Works, City of South Bend, Indiana, an Indiana municipal corporation, who, having been first duly sworn, acknowledged the execution of the foregoing Grant of Easement Agreement and stated that the representations contained herein are true. WITNESS, my hand and Seal this day of -J�Ln , 2008. �.i'l , Notary Public tj tS ATr �} _ resident of St. Josep&ount , iridiana My Commission Expires: �� t I aM-ffn; tinder the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law: Is/ Wendy K. Walker -Dyes. THIS INSTRUMENT PREPARED by: Wendy K. Walker -Dyes, Attorney at Law, Baker & Daniels LLP, 202 S. Michigan Street, Suite 1400, South Bend, Indiana 46601 EXHIBIT A That part of the Northwest Quarter of Section 31, Township 37 North, Range 3 East, Centre Township, City of South Bend, St. Joseph County, Indiana which is described as: Beginning at the Northeast corner of Lot #2 of the Plat of "York Road Fire Station Minor Subdivision" recorded as Document No. 9805232 in the Records of the St. Joseph County, Indiana Recorder's Office; thence S. 00°-05'-03" E. along the West line of York Road, a distance of 15.00 feet; thence S. 89°- 52'-43" W. a distance of 534.61 feet; thence S. 00°-20'-23" W. a distance of 85.00 feet; thence S. 89°-52'-43" W. a distance of 30.00 feet to the West line of said Lot 92; thence N. 00°-20'-23" E. along the West line of said Lot #2, a distance of 105.90 feet to the Northeast corner of Lot 478 of the flat of "Fairfax Estates Section 3" Subdivision recorded as Document No. 9021135 in the Records of the St. Joseph County, Indiana Recorder's Office; thence S. 891-45'-13" W. a distance of 226.19 feet along the North line of Lots # 78 and 77 in said Plat to the Northwest corner of said Lot #77;. thence N. 00°-14'-36" W. along the East line of Lot #73 in said Plat a distance of 15.00; thence N. 89°-52'43" W. a distance of 790.80 feet to the West line of York Road; S. 00°-05'-03" E. along the West line of York Road, a distance of 15.00 feet to the Point of Beginning.