HomeMy WebLinkAboutRelease of Easement - Jack Eugene Clemans Revocable Trust & Darlene Jean Clemans Revocable TrustL
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RECORDED AS PRESENTED ON
RELEASE OF INGRESS -EGRESS EASEMENT 02/28/2010 01:21 PM
MARY 0ETH WISNIEWSKr
Sy. JOSEPH COUNTY
6017 and 6103 S. MICHIGAN STREET RECORDER
PG5: 2 FEES; 25.00
THIS RELEASE OF EASEMENT made this �day of , 2018, by the
City of South Bend, Indiana, through its Board of Public Works (the "City"), 'n favor of Jack Eugene
Clemans Revocable Trust and Darlene Jean Clemans Revocable Trust, its successors and assigns
(collectively, the "Landowner")
WITNESSETH THAT:
WHEREAS, Landowner owns two parcels of real estate containing all or parts of Lots 7, 8, 9,10 and
1 I of C. H. Fluegel's unrecorded plats located at 6017 S. Michigan Street and 6103 S. Michigan Street in the
City of South Bend, Indiana and known as St. Joseph County Parcel I.D. # 023-1018-038602 and I.D. # 023-
1018-038604, respectively, (the Real Estate"); and
WHEREAS, Landowner granted certain easement to the Indiana Department of Transportation
("INDOT"), when Michigan Street was designated as U.S. 31. The purpose of that easement is to prohibit
ingress and egress to, from, and across said property, excepting at certain locations. That transaction
occurred on or about September 20, 1990 and was memorialized in a Corrective Warranty Deed dated
November 24, 1993, recorded by the Saint Joseph County Recorder as Instrument 9400847; and
WHEREAS, it was then in keeping of policy and procedure of the INDOT to require such ingress -
egress restrictions upon its highways; and
WHEREAS, because INDOT relocated U.S. 31 to a new alignment to the west, INDOT transferred
jurisdiction for the maintenance and administration of the former U.S. 31, now known as Michigan Street, to
the City of South Bend acting through its Board of Public Works on 2"d September, 2014; and
WHEREAS, City recognizes that the character of traffic and use of the roadway at 6103 S. Michigan
Street has changed to a lower volume, lower speed roadway; and, having no policy in place to restrict
ingress -egress, to properties on such roadways; and
WHEREAS, Landowner acknowledges the authority of the City to regulate the construction of
driveways at this location; and
WHEREAS, Landowner wishes to transfer ownership of the property to South Bend Michigan Street
BTS Retail, LLC, to construct a new and relocated driveway and approach for ingress and egress to same
property where a retail business will be developed, all according the City of South Bend Design and
Construction standards, and agreeing to obtain a construction permit for same;
NOW, THEREFORE, in consideration of the foregoing, the South Bend Board of Public Works
agrees to release the aforesaid non access easement that prohibits ingress and egress, across, from and to
Landowner's property at 6017 S. Michigan Street and 6103 S. Michigan Street.
BOARD OF PUBLIC WORKS
Cary A. W
ilot, President
- Q 'Al h � �
Elizabeth A. Maradik, l emaber
Therese , Dorau, Mery er
,/�
"S�u'zAi na V I`r 666, Memr er
James Mueller, Member
ATTEST:
U
AAI'b' '2W
Linda M. Martin -Clerk
STATE OF INDIANA
SS:
ST. JOSEPH COUNTY
Before me the undersigned, a Notary Public in and for° St. Joseph County, Indiana, Personally
appeared ° A. ° ,° , � . �, personally known by me to be members of the Board of Public
Works of the City of South Bend, Indiana, and acknowledged the execution of this Grant of
Encroachment Easement as their voluntary act or deed.
t
WITNESS my hand and Notarial Seal this � �� day of 20l
, Notary Public
A resident of St. Joseph County, IN
I affirm under the penalties far perjury, that I have taken
reasonable care to redact each Social Security number in this
clocionent unless mquired by Ions°
alr'C �L� l `�
elI
m
Liz Horvath
From: tom@tomclemans.com
Sent: Friday, February 23, 2018 1:09 PM
To: Emily Crouch; whitney@arengineeringllc.com; Carl Littrell; Hana Parkhill; Sue Ellen
Doudrick
Cc: steinfour@aol.com; Jeff Clemans
Subject, South Bend Michigan Street
To the City of South Bend Board of Public Works;
This email is to inform you that the Darlene Jean Clemans Trust and the Jack Eugene Clemans Trust are
currently working with Emily Crouch of Zaremba Group and Whitney Pizzala of AR Engineering on the sale
(transfer) of the property located at 6103 and 6017 US 31 South, South Bend IN 46614.
We are requesting that, and giving authority to, the South Bend Board of Public Work's members to
release all "no access" easements including "utility easements" on our property located at 6103 and 6017
US 31 South, South Bend IN 46614.
Should you have any questions or concerns, please feel free to contact me.
Thomas J. Clemans
574-340-8777 cellular
574-674-8622 home/office
815-331-0758 fax
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date
February 20, 2018
Department
Public Works
Name
Carl Littrelf
Division/Bureau
Engineering
BPW Date
February 27, 2018
Phone Extension
9149
Legal JR Attorney Name: Clara McDaniels
Controller El Controller review is required for all Contracts $5,000.00 or more and
greater than one year in length per the City Purchasing Policy
Purchasing F
L_J Agreement Amendment U Contract LJ Proposal Ll Addendum
F-1 Professional Services F-1 Resolution
❑ Bid Opening ❑ Bid Award El Req. to Advertise El Title Sheet
F-1 Quote Opening 0 Quote Award
El Change Order No. F-1 C/O & PCA No. PCA
HEase/Encroach.
R Traffic Control:
'Other: Release of Easement
Company or Vendor Name
New Vendor❑
MBE/WBE Contractor
MBE/WBE Contractor Requested
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Desceiption
Jack Eugene Clemans Revocable Trust & Darlene Jean
Clemans Revocable Trust_
El Yes [:] No El If Yes, Approved by
Purchasina
E
L] No U Yes Name of Company _
New Dollar General Store, — 6103 S. Michiaan Street
EM
Releases Non -Access Easement to allow full property
development
F-1 Required Contractor's Certification Forms Attached (Non -
Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.)
Amount of ❑ increase $
Decrease $
Previous Amount $
Current Percent of Change: %
New Amount $
Total Percent of Change:
Di ersl After Approval
Copy Original
R F-1 Carl Littrell
F1 F-1