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HomeMy WebLinkAboutRelease of Easements - Menard, Inc1316 COUNTY -CITY BUILDING 227 W-JEFFERSON Boul.,EVAW.) Som,ij BEND, INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAY BOARD OF PUBLIC WORKS I June 26, 2018 Thomas W. O'Neil Real Estate Acquisitions Menard, Inc. 5 101 Menard Drive Eau Claire, WI 54703 RE: Release of Easement Dear Mr, O'Neil: PHONE 574/235-925 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on June 26, 2018, approved the above referenced release of six (6) casements for redevelopment of land for Menard's new store. Enclosed please find a copy of the releases for your records. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, Linda M. Martin, Clerk Enclosure 4,0 4t Inter -Office Memorandum oil DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Board of Public Works FROM: Carl Littrell 64� SUBJECT: Menard's Store South Saint Joseph Street DPO17-014 DATE: June 19, 2018 The Engineering Division has been reviewing the planning and programming of Menard, Inc., to develop a new store on Saint Joseph Street south of Ireland Road in the vicinity of Saint Joseph Valley Parkway and South Michigan Street. Menard's plans to redevelop the former Kmart/Sears Essentials site to their good use. Menard's has removed the former store building and completed site engineering. They will shortly apply for a Building Permit. They expect to record a Minor Subdivision for the site following Board action: to approve release of six easements that encumber the site, but are no longer necessary. The six easements were granted to the City of South Bend at two different times. Three storm water drainage easements were granted in 1978 by K-M Associates, at the time the owner of the Kmart site. Those easements conveyed storm water from the northeast part of the site through to the west side of the site and drained into a retention basin on that side of the site. Menard's engiineer has devised a new drainage plan that serves the drainage catchments. The three 1978 drainage easements no longer serve any purpose. Engineering recommends release of the three drainage easements A, B, and F from the 1978 grant. Several easements from that grant further the current drainage plan and are being retained and will be shown on the Minor subdivision. These easements drain Saint Joseph Street and Callander Street, both public ways. In the year 2000, the City received sanitary sewer easements from three neighboring properties on Reasor Street. These properties were purchased by Menard, Inc. who razed the houses and will incorporate the sites into the new Menard's store site. The sanitary sewer no longer serves any customers and will be retired. Engineering recommends release of the three sanitary sewer easements. We deliver services that empower everyone to thrive. Excellence + Accountability + Innovation + Inchision + Empoiverment RELEASE OF EASEMENT WHEREAS, on November 17, 1978, South Bend K-M Associates, an Indiana Limited Partnership, by Paul Green, General Partner, (hereinafter referred to as "Grantor") granted an easement to the City of South Bend, Indiana ("Grantee"), recorded in the St. Joseph County Recorder's office on November 22, 1978, as Instrument No. 7825700, which instrument gave a right for storm sewer easements concerning certain property described as: A series of storm sewer easements over a tract of land located in the Southwest Quarter of Section 25, Township 37 North, Range 2 East, Centre Township, St. Joseph County, Indiana, described as follows: Commencing at a point on the South Right -of -Way line of Ireland Road and 918.56 feet East of the Easterly Right -of -Way line of Michigan Street (U.S. Highway 31), said point being designated as 0.00 South and 0.00 East and the Northwest corner of Basney Ford of South Bend, Incorporated. Easement "A" - A storm sewer and water line easement 27.88 feet wide, 7.50 feet South of and 19.88 feet North of the following described line. The North line of said easement being contiguous with a property line of Basney Ford of South Bend, incorporated. Beginning at a point 540.50 feet South and 107.47 feet West; thence North 90000'00" East, 360.00 feet to a point of terminus at 540.50 feet South and 252.53 feet East. Easement "B" - A storm sewer easement, 15.00 feet wide,7.50 feet either side of the following described line; beginning at a point 540.50 feet South and 204.09 feet East; thence South 04059' 18" East, 138.00 feet to a point 677.98 feet South and 216.09 feet East; thence South 00000'00" West, 216.00 feet to a point 893.98 feet South and 216.09 feet East; thence North 86012'49" East, 113.50 feet to a point of terminus at 886.48 feet South and 329.34 feet East. Easement "F" - A storm sewer easement 15.00 feet wide, 7.50 feet either side of the following described line; beginning at a point 677.98 feet South and 216.09 feet East; thence North 38°37'29" East, 71.50 feet to a point of terminus at 622.12 feet South and 260.72 feet East. Excepting therefrom that part of the afore described easement described as follows: Beginning at a point 640.55 feet South and 249.03 feet East; thence North 021100'00" East, 16.55 feet; thence North 38037'29" East, 8.41 feet; thence South 51°2231" East, 15.00 feet; thence South 38,137'29" West, 17.60 feet; thence South 90000' 00" West 6.56 feet to the point of beginning. WHEREAS, the purpose has been accomplished for which said easements were acquired and a release of the easements will not interfere with any operations of the City of South Bend, Indiana. NOW, THEREFORE, the City of South Bend, Indiana hereby releases the "Storm Sewer Easements" granted to it by South Bend K-M Associates and recorded in the St. Joseph County Recorder's Office as Instrument No. 7825700 and all of the rights thereunder, with, the intent that the Storm Sewer Easements may be forever extinguished.. IN WITNESS WHEREOF, The City of South Bend, Indiana, by and through its Board of Public Works has authorized the undersigned to execute this Release of Easement this 26tn day of June, 2018. CITY OF SOUTH BEND, INDIANA BOARD OF PUt3LIC WORKS K'44"A— Gary A. Glot, President 14 klk- - Elizabeth A. Maradilc, Member Therese J. Dorau, Member Suzanna M. Fritzberg, Member —� Jades Mueller, Member ATTEs—r- Linda M. Martin, Cleric SS: COUNTY OF ST. JOSEPH Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, this day of , 2019, personally appeared Gary Gilot, personally known to me as the President o he South Bend Board of Public Works, a contracting body of the City of South Bend, Indiana, and acknowledged the execution of the foregoing Release of Easement for and on behalf of the City of South Bend.. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. LINDA M MARTIN , ptary PUb11C Notary public- Seal State of Indiana Resident of St. Joseph County, IN My Commis ionmu mr ss ion Expires ,lub 28, 2020 ___J This instrument was prepared by Clara McDaniets, Assistant City Attorney, 1200 S. County -City Building, 227 W. Jefferson BIvd., South Bend, Indiana 46601. I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Clara McDaniels RELEASE OF EASEMENT WHEREAS, on March 31, 2000, Donald Paul Utz Jr., and Nancy Utz, (hereinafter referred to as "Grantors") granted an easement to the City of South Bend, Indiana, by and through its Board of Public Works ("Grantee"), recorded in the St. Joseph County Recorder's office on March 31, 2000, as Instrument No. 0019768, which instrument gave a right for the installation, construction, operation, maintenance, adjustment, replacement, repair, alteration, removal, modernization, and use of a sanitary sewer system and right of ingress and egress to and from said easement property described as: A part of Lot Number Fifteen (15) as shown on the recorded plat of Hartman Terrace Subdivision, as recorded in Plat Book 18, Page H in the records of the St. Joseph County Recorders office, being twenty (20) feet wide found within an existing tower line easement in favor of American Electric Power Company (formerly known as Indiana and Michigan Electric Company), with the centerline of said 20-foot easement beginning at a point found intersecting the East line of said Lot 15 approximately 182. Feet south of the Northeast corner of said Lot 15,; thence proceeding westerly along a line parallel with the North line of said Lot 16 to a point of termination 22.3 feet west of the east line of said Lot 15. Containing 0.04 acres more or less. Subject to all legal highways, easements and restrictions of record. WHEREAS, the purpose has been accomplished for which said easement was acquired and a release of the easement will not interfere with any operations of the Grantee. NOW, THEREFORE, the City of South Bend, Indiana hereby releases the "Sanitary Sewer Easement" granted to it by Donald Paul Utz and Nancy Utz and recorded in the St. Joseph County Recorder's Office as Instrument No. 0019768 and all of the rights thereunder, with the intent that the Sanitary Sewer Easement may be forever extinguished. IN WITNESS WHEREOF, The City of South Bend, Indiana, by and through its Board of Public Works has authorized the undersigned to execute this Release of Easement this 26th day of June, 2018. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC O S Gary A. Gilot, President Elizabeth A. Maradik, Member Therese J. Doran, Member Suzanna M. Fritzberg, Member s m J Mueller, Jam L Iler, Member ATTEST: Yir(da M. Martin, OJerk STATE OF INDIANA SS: COUNTY OF ST. JOSEPH Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, this day of 2018, personally appeared Gary Gilot, personally known to me as the President of t10 South Bend Board of Public Works, a contracting body of the City of South Bend, Indiana, and acknowledged the execution of the foregoing Release of Easement for and on behalf of the City of South Bend. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. My Commission LINDA M MARTIN Notary Public. Seal State of Indiana lission Expires Jun 28, 2020 of St. Joseph County, IN Public This instrument was prepared by Clara McDaniels, Assistant City Attorney, 1200 S. County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 466t11. I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Clara McDaniels. RELEASE OF EASEMENT WHEREAS, on April 19, 2000, L. B. Miller and Lou T. Miller (hereinafter referred to as "Grantors") granted an easement to the City of South Bend, Indiana, by and through its Board of Public Works ("Grantee"), recorded in the St. Joseph County Recorder's office on April 25, 2000, as Instrument No. 0019769, which instrument gave a right for the installation, construction, operation, maintenance, adjustment, replacement, repair, alteration, removal, modernization, and use of a sanitary sewer system and right of ingress and egress to and ftom said easement properly described as: A part of Lot Number Seventeen (17) as shown on the recorded plat of Hartman Terrace Subdivision, as recorded in Plat Book 18, Page H in the records of the St. Joseph County Recorders office, being twenty (20) feet wide found within an existing tower line easement in favor of American Electric Power Company (formerly known as Indiana and Michigan Electric Company), with the centerline of said 20-foot wide easement beginning at a point found intersecting the East line of said Lot 17 approximately 182.4 feet south of the Northeast corner of said Lot 17; thence proceeding westerly along a line parallel with the North line of said Lot 17 to a point of termination on the west line of said Lot 17 to a point of termination on the west line of said Lot 17. Containing 0.04 acres more or less. Subject to all legal highways, casements and restrictions of record. WHEREAS, the purpose has been accomplished for which said easement was acquired and a release of the easement will not interfere with any operations of the Grantee. NOW, THEREFORE, the City of South Bend, Indiana hereby releases the "Sanitary Sewer Easement" granted to it by L. B. Miller and Lou T. Miller and recorded in the St. Joseph County Recorder's Office as Instrument No. 0019769 and all of the rights thereunder, with the intent that the Sanitary Sewer Easement may be forever extinguished. IN WITNESS WHEREOF, The City of South Bend, Indiana, by and through its Board of Public Works has authorized the undersigned to execute this Release of Easement this 26th day of June, 2018. CITY OF SOUTH BEND, INDIANA BOARD OF PUBL4C WORKS 'Okn 4"�6t Gary A. Gilot, President I i Elizabeth A. Maradik, Member Therese J. Dorau, Member Suzanna M. Fritzberg, Member Joes Mueller, Member ATTEST: Lida M. Martin, Clerk STATE OF INDIANA SS: COUNTY OF ST. JOSEPH Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, this day of LL,, t Q m 2018, personally appeared Gary Gilot, personally known to e as Q_ the President qf the South Bend Board of Public Works, a contracting body of the City of South Bend, Indiana, and acknowledged the execution of the foregoing Release of Easement for and on behalf of the City of South Bend. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. My Commission LINDA M MARTIN Notary Public. Seal State of Indiana 'Ission Expires Jun 28, 2020 1. , Notary Public of St. Joseph County, IN This instrument was prepared by Clara McDaniels, Assistant City Attorney, 1200 S. County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601. I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Clara McDaniels. RELEASE OF EASEMENT WHEREAS, on May 1, 2000, Donald E. Schinbeckler and Marlowe E. Schinbeckler (hereinafter referred to as "Grantors") granted an easement to the City of South Bend, Indiana, by and through its Board of Public Works ("Grantee"), recorded in the St. Joseph County Recorder's office on May 3, 2000, as Instrument No. 0021010, which instrument gave a right for the installation, construction, operation, maintenance, adjustment, replacement, repair, alteration, removal, modernization, and use of a sanitary sewer system and right of ingress and egress to and from said easement property described as: A part of Lot Number Sixteen (16) as shown on the recorded plat of Hartman Terrace Subdivision, as recorded in Plat Book 18, Page H in the records of the St. Joseph County Recorders office, being twenty (20) feet wide found within an existing tower line easement in favor of American Electric Power Company (formerly known as Indiana and Michigan Electric Company), with the centerline of said 20-foot wide easement beginning at a point found intersecting the East line of said Lot 16 approximately 182.4 feet south of the Northeast corner of said Lot 16; thence proceeding westerly along a line parallel with the North line of said Lot 16 to a point of termination on the west line of said Lot 16 to a point of termination on the west line of said Lot 17. Containing 0.04 acres more or less. Subject to all legal highways, easements and restrictions of record. WHEREAS, the purpose has been accomplished for which said easement was acquired and a release of the easement will not interfere with any operations of the Grantee. NOW, THEREFORE, the City of South Bend, Indiana hereby releases the "Sanitary Sewer Easement" granted to it by Donald E. Schinbeckler and Marlowe E. Schinbeckler and recorded in the St. Joseph County Recorder's Office as Instrument No. 0021010 and all of the rights thereunder, with the intent that the Sanitary Sewer Easement may be forever extinguished. IN WITNESS WHEREOF, The City of South Bend, Indiana, by and through its Board of Public Works has authorized the undersigned to execute this Release of Easement this 261h day of June, 2018. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC -WORKS Gary A. Gilot, President - I -a ulc Elizabeth A. Maradik, Member Therese J. Dorau, Member Suzanna M. Fritzberg, Member Jame/ Mueller, Member ATTEST: Lirdla M. Martin, Cl�crk STATE OF INDIANA SS: COUNTY OF ST. JOSEPH Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, this day of 2018, personally appeared Gary Gilot, personally known to me as the President of South Bend Board of Public Works, a contracting body of the City of South Bend, Indiana, and acknowledged the execution of the foregoing Release of Easement for and on behalf of the City of South Bend. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. Notary Public LINDA M MARTIN R ident of St. Joseph County, IN Notary 'D� My Commission Ex Fres: Notary Public- Sea[ Sta y Public - sea[ 0 1 Indiana State of Indiana 1 0 "a M My Commission xplres 0 y Commission Expires Jun 28, 2020 This instrument was prepared by Clara McDaniels, Assistant City Attorney, 1200 S. County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601. I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Clara McDanicts. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM June 19, 201'8 Carl Liftrell Department DPW, Engineering BPW Date June 26, 2018 Phone Extension 9149 Legal Attorney Name Clara McDaniels Controller review is required for all Contracts $5,000.00 or more Controller E] and greater than one year in length per the City Purchasing Policy Purchasing ❑ N/A H Agreement L Contract L] Proposal LJ Addendum 0 Professional Services F-1 Amendment El Bid Opening El Bid Award F1 Req. to Advertise ❑ Title Sheet R Quote Opening El Quote Award F-1 Chig Order No. F-1 C/O & PCA No. PCA F-1 Ease./Encroach. F-1 Traffic Control F-1 Resolution Z Other: Release 6 F1 Claim Easements Required Information Company or Vendor Name Menard, Inc El Yes ❑ If Yes, Approved by Purchasing New Vendor Z No 1:1 MBE El Yes MBENVBE Contractor F] WBE Completed E-Verify Form Attached El No Project Name Menard Replacement Store — South Michigan Street Project Number DP 017-014 Funding Source Account No. Amount N/A Terms of Contract Purpose/Description This action will release six easements favoring City of SB that encumber redevelopmeat ,of land for Menard's new store. Amount of ❑ increase F-1 Decrease Previous Amount Current Percent of Change: New Amount Total Percent of Change: Time Extension: Copy Original El 0 F-1 N N El Dispersal After Approval St. Joseph County Recorder Thomas O'Neil, Menard, Inc. Donna Hanson, also Area Plan Commission