07/22/02 Board of Public Works Minutes

Home Browse Search

,f') REGULAR MEETING JULY 22, 2002 directs the Clerk to cause the Agreement to be duly recorded in the Office of the Recorder for St. Joseph County, Indiana. Section 3. The Easement Agreement and this Substitute Resolution are not a waiver of any fees that might be imposed in the future by the City of South Bend upon all owners, occupiers, or users of the Property for the collection of storm water in the City of South Bend. Section 4. The City of South Bend retains the right to use the retention ponds (as well as the connecting pipe) for use by itself and its agents. ADOPTED at a meeting of the Board held on July 18, 2002. at 8:00 a.m., in Room 1308 County -City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS s/Gary Gilot, President s/Carl Littrell, Member s/Don Inks, Member ATTEST: s/Angela K. Jacob, Clerk APPROVAL OF RELEASE OF EASEMENT - TJX SITE Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following Release of Easement was approved: WHEREAS, on December 12, 1978, General Realty Company (hereinafter referred to as "Grantor") granted an easement to the Civil City of South Bend ("City") pursuant to that certain Easement and Right -of -Way which was recorded in the St. Joseph County Recorder's office on December 13, 1978, as Instrument No. 7827280, which instrument gave certain rights to City including a right to enter upon concerning certain property described as: Beginning at the intersection of the north right of way line of Davis Drive and the West right of way line of Grant Street; thence North along said West right of way line of Grant Street a distance of 130 feet; thence in a Southwesterly direction to a point in the North right of way line of Davis Drive (this point being 120 feet West of the point of beginning); thence East along the North right of way of Davis Drive 120 feet to the point of beginning. All in South Bend, St. Joseph County, Indiana. WHEREAS, the Easement and Right -of -Way related among other things to the location and maintenance of certain water, sewer and other utilities and certain other uses relating to Davis Drive and Grant Street in South Bend, Indiana; and WHEREAS, the Easement and Right of Way referenced herein does not include a dedication of right-of-way to the public nor convey a fee simple interest in property; WHEREAS, the South Bend Common Council, in connection with the TJX Redevelopment Project, has heretofore vacated both Davis Drive and Grant Street; and WHEREAS, the rights attached to the aforementioned Easement and Right -of -Way are no longer needed by the City of South Bend nor necessary to the continuing health, safety and welfare of its citizens. NOW, THEREFORE, the City of South Bend hereby releases the "Easement and Right -of - Way" granted to it by the 1978,General Realty Company and recorded in the St. Joseph County Recorder's office on December 13, 1978, as Instrument No. 7827280 and all of the rights thereunder, with the intent that the Easement and Right -of -Way may be forever extinguished. 1