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HomeMy WebLinkAboutGrants for Temporary Easement & for Permanent Easement for Storm Sewer at Sampson and Overlook Ct. - Neil and Barbara Andrews1316 COUNTY -CITY BUILDING m 227 W. JEFFERSON BOULEVARDPRACL SOI ITH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS January 28, 2020 Mr. Neil and Barbara Andrews 4114 S. Sampson St. South Bend, IN 46614 RE: Grant for Temporary Easement and Grant for Permanent Easement Dear Mr. & Mrs. Andrews: PHONE 574/ 235-9251 FAX 574/ 235-9171 The Board of Public Works approved and recorded the above referenced easement grants for installation of a storm sewer at Sampson and Overlook Ct with the St. Joseph County Recorder's Office on December 28, 2020. A copy is enclosed for your records. The temporary easement expires December 31, 2020. Enclosed please find a copy of the easement agreements 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 GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR -o2 01/29120 0 09t08 A01 HARD' BETH WISNIEWSK:r ST :pQ3.SEPIldQ"QUIPN"FY GRANT OF TEMPORARY EASEMENT RECORDER PGr SKIM 25..ON This grant of Easement is made this day ofJ._. -- , 20by and between Neil Andrews and Barbara Andrews of 4114 S. Sampson S"reet, South BAd, Indiana, 46614 (Grantors) and the City of South Bend, Indiana, through its Board of Public Works, in favor of the City of South Bend, Indiana, its officers, employees, contractors and consultants (Grantee); and WHEREAS, Grantors have given Grantee a Permanent Easement for construction and installation of Storm Sewer utility line(s) (The System) on a portion of its property; and WHEREAS, parties agree that it will be in their mutual best interests to have a Temporary Easement in order to facilitate the immediate construction of (The System) in that Permanent Easement, thereby shortening the period of construction and of disruption to the remaining property of Grantors. NOW, THEREFORE, in consideration of the foregoing promises and for other good and valuable consideration, which includes clearing of easement area of any brush and debris, removal of three (3) trees on southern property line as identified by Grantoow, and the hydroseeding/sodding of disturbed areas on the south side of the property between the existing fenced area, the receipt of which is hereby acknowledged, Grantors hereby grants, conveys and warrants to Grantee a Temporary Easement for the purpose of accessing its Permanent Easement, which Temporary Easement shall be over certain real estate in St. Joseph County, State of Indiana, described more fully as follows: A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 3 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS; COMMENCING ATTHE SOUTHWEST CORNER OF LOT 68 OF THE RECORDED PLAT OF "IRELAND WOODS SUBDIVISION, SECTION TWO, PART ONE" AS RECORDED BY DOCUMENT NUMBER 7912688 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE NORTH 00°04'17" WEST ALONG THE WEST LINE OF SAID LOT 68 AND THE EAST RIGHT-OF-WAY LINE OF SAMPSON STREET A DISTANCE OF 10.82 FEETTO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00°04'17" WEST ALONG SAID WEST LINE OF LOT 68 AND THE EAST RIGHT-OF-WAY LINE OF SAMPSON STREET A DISTANCE OF 10.00 FEET; THENCE NORTH 89°51'10" EAST A DISTANCE OF 301.00 FEET TO THE WEST LINE OF A 20-FOOT WIDE DRAINAGE AND UTILITY EASEMENT; THENCE SOUTH 00'04'17" EAST ALONG SAID WEST LINE A DISTANCE OF 10.00 FEET; THENCE SOUTH 89°51'10" WEST A DISTANCE OF 301.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.07 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHT-OF-WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD. X THE ABOVE DESCRIBED TEMPORARY CONSTRUCTION EASEMENT CONTAINS 0.07 ACRES, MORE OR LESS. (See Exhibit "A" for easement location) Said Temporary Easement shall expire not later than the 315t day of December 2020. N IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Easement on this date shown below. GRANTORS: NEIL ANDREWS BARBARA ANDREWS � w r Neil Andrews Barbara Andrews 4114 S. Sampson Street 4114 S. Sampson Street South Bend, IN 46614 South Bend, IN 46614 MICHAEL JAMES I'1ANH Notary Public • Seal State of Indiana St Joseph County STATE OF INDIANA My Commission Expires Nov 13, 2022 SS: ST, JOSEPH COUNTY Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Neil Andrews and Barbara Andrews, personally known by me and they acknowledged the execution of this document as their voluntary act or deed. WITNESS my hand and notarial Seal this ZI)da of, 20 Notary Public Resident of St. Joseph County, Indiana My commission Expires: II 11 I affirm, under the penalties for perjury, that I have taken responsible care to redact each Social Security number in this document unless required by law: Clara McDaniels, Assistant City Attorney This instrument prepared Danch, Harner & Associates, Inc., 1643 Commerce Drive, South Bend, IN 46628. R/W LINE T d �O Imo. A of La IV C`t IV Ln IM f� w� a � .20`. Drain a -9 a8 a ' EXHIBIT "All SAMPSON STREET 20 62 N.OR O4 -17"w " iQ. QQ� R/W LINE Setback o f ° ° Cp CO a,�� 0 m 8 ° L Ufility Easement I O.Cd 200.06 SO° 04--17"E. SurveyorsLand Professional Engineers Landscape Architects- Land Planners m_'Off0m (574)234-4OQ3 / (04)O)rD4-4003. , t•IM AL2341-41sr IN 46028 i /I RECORDED AS PRESENTED ON W, 6 k y O.L/29/202.0 09.08 AIMS MARY BETG9WISNIIIEWSKI ST.. 30SFIPH U(JUDINTY GRANT OF PERMANENT EASEMENT FOR UTILITIES riaECORIDLIR PGS,, S iFEIES� 25..00 THIS INDENTURE made this _� day of C_ L±--C ,.0..... _ 2090 by and between Neil Andrews and Barbara Andrews of 4114 S. !gmpson Stree , South Bend, Indiana, 46614 (Grantors), and the City of South Bend, Indiana, through its Board of Public Works (Grantee), in favor of the City of South Bend, its officers, employees, contractors, consultants, successors and assigns. WITNESSETH: That the Grantors in consideration of the foregoing promises and for other good and valuable consideration, which includes clearing of easement area, of any brush and debris, removal of three (3) trees on southern property line as identified by Grant �^ , and the hydroseeding/sodding of disturbed areas on the south side of the property between in the existing fenced area, the receipt of which is hereby acknowledged, the Grantors hereby grants, conveys, and warrants to Grantee permanent easement of the nature and at the location hereinafter set forth as described for the installation, construction, operation, maintenance, adjustment, replacement, repair, alteration, removal, modernization, and use of a Storm Sewer Utility line(s) (The System), together with the right of Ingress to and egress from said permanent easements for the purpose of installing, construction, operation, maintaining, adjusting, replacing, repairing, altering, removing, and modernizing said System and other equipment or facilities indolent thereto, in, upon, over and under the following described real estate in St. Joseph County, State of Indiana, briefly described as follows: PERMANENT UTILITY EASEMENT LOCATED IN THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 3 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PERMANENT DRAINAGE EASEMENT LEGAL DESCRIPTION: A PERMANENT DRAINAGE EASEMENT LOCATED IN THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 3 EAST, CENTRE, TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS; COMMENCING ATTHE SOUTHWEST CORNER OF LOT 68 OF THE RECORDED PLAT OF "IRELAND WOODS SUBDIVISION, SECTION TWO, PART ONE" AS RECORDED BY DOCUMENT NUMBER 7912688 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE NORTH 00°04'17" WEST ALONG THE WEST LINE OF SAID LOT 68 AND THE EAST RIGHT-OF-WAY LINE OF SAMPSON STREET DISTANCE OF 20.82 FEETTO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00°04'17" WEST ALONG SAID WEST LINE OF LOT 68 AND THE EAST RIGHT-OF-WAY LINE OF SAMPSON STREET A DISTANCE OF 10.00 FEET TO THE SOUTH LINE OF AN EXISTING 20-FOOT WIDE DRAINAGE AND UTILITY EASEMENT; THENCE NORTH 89°5110" EAST ALONG THE SOUTH LINE OF SAID EASEMENT A DISTANCE OF 301.00 FEET TO THE WEST LINE OF A 20-FOOT WIDE DRAINAGE AND UTILITY EASEMENT; THENCE SOUTH 00°04'17" EAST ALONG SAID WEST LINE A DISTANCE OF 10.00 FEET; THENCE SOUTH 89°51'10" WEST A DISTANCE OF 301.00 FEET TO THE POINT OF BEGINNING. ` --__.LL- ----- CONTAINING 0.07 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHT-OF-WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD. THE ABOVE DESCRIBED PERMANENT DRAINAGE EASEMENT CONTAINS 0.07 ACRES, MORE OR LESS. -- (See Exhibit "A" for easement location) '- _ __ The easements granted herein shall pertain to the air, surface and subsurface rights and interests of the Grantors, 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 herein above been expressed. The easement hereby granted is for the exclusive benefit of the Grantee and expressly includes the right and privilege at reasonable times to clean and remove from said easements such timber, brush, debris, or other obstructions interfering with City Utilities: Storm Sewer line(s) (The System). The Grantors reserves the right to use and occupy the surface area on and over the easement 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 herein above expressed. The easement granted herein and the associated benefits and obligation, shall constitute a covenant running with the real estate and shall be binding upon the Grantors and be an obligation thereof of every person or entity now or hereafter having any fee, leasehold, or other interest in all or any part of the said real estate. This indenture shall bind and inure to the benefit of the respective successors and assigns of the parties hereto. The Grantors hereby covenants with the Civil City of South Bend, Indiana, that it is lawfully seized and possessed of the parcel of real estate hereinabove described; that it has good and lawful right to convey, and that the property is free of all encumbrances that would conflict with the right herein granted, except for easements held by any railroad or its successors in interest. The Grantors hereby releases any and all claims from whatsoever cause, incidental to the exercise of any rights herein granted. IN WITNESS WHEREOF, Grantors have executed this Grant of Easement for Storm Sewer utility line(s) (The System) on the date shown on the acknowledgment set forth herein. GRANTORS: NEIL ANDREWS AND BARBARA ANDREWS Neil Andrews 4114 S. Sampson Street South Bend, IN 46614 Barbara Andrews 4114 S. Sampson Street South Bend, IN 46614 GRANTEE: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC KORK Gary A. Gilot, President . DSe `W)o Me, Member Elizabeth A. Maradik, Member Therese J. Dorau, Member ATTEi ,w, inda M. Martin, Clerk STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Gary A. Gilot, and Linda M. Martin, respectively the President and Clerk of the Board of Public Works of the City of South Bend, Indiana, and acknowledged the execution of this Grant of Easement by a quorum of the Board of Public Works, at its aY4 2020 meeting, as the Board's voluntary act or deed. WITNESS my hand and Notarial Seal this -;;70 APRIL DIANE SNIADECKI Notary Public — Seal S: Joseph County — State of Indiana Commission Number 710794 My Commission Expires Feb 22.2026 My Commission Expires: a tas,Ija U L day ofw' , 20aC) Notary Public Resident of St. Joseph County, Indiana 4 STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a notary Public in and for said County and State, personally appeared Neil Andrews and Barbara Andrews, and they acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand Notarial Seal this -L My Cona. mission Expires: I �1-2,2�� day of cc "" 120 ZO Notary Public Resident of St. Joseph County, Indiana I affirm, under the penalties for perjury, that I have taken responsible care to redact each Social Security number in this document unless required by law: Clara McDaniels, Assistant City Attorney This instrument prepared Danch, Harner & Associates, Inc., 1643 Commerce Drive, South Bend, IN 46628. ENotary HAEL JAMES CANH Public • SealState of Indianat Joseph Countyssion Expires Nov 13, 202, I R/W LINE l q�, 0% p of90 a �s a CD f� I 20.. Drain e, o. o EX I BIT "A°' SAMPSON STREET zo,az tie JY.09 04 +4N("W, 0.001 R/W LINE setback a rrr :3 d 4� p CC Cp z I M c CO Cn �= CV4 rrfci �I 11 utility Easement 110.0d Dwiti, rrk, 1t r i�r +firInc. Land Surveyors • Professional Engineers Landscape Architects. Land Planners' 1043 C'om orcm N7aWve . S-010v BNnO, IN 4662a BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 1 /21 /20 Name Sue Ellen Doudrick Department Public Works Division/Bureau Engineering BPW Date 1/28/20 Phone Extension 5922 RITired Prior to Submittal to Board Legal 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 Michael Schmidt ... M... Check the Annro riate Item Type — e 'p 4rAd for All Submissions Agreement Amendment F] Professional Services Bid Opening ❑ Quote Opening ❑ Change Order No. ® Ease/Encroach. Other: Company or Vendor Name Contract Resolution [l Bid Award Quote Award [� C/O & PCA No. Traffic Control: New Vendor MBE/WBE Contractor MBE/WBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract F Proposal ❑ Req. to Advertise Required Information Neil and Barbara Andrews ❑ PCA Addendum ❑ Title Sheet ❑ Yes ® No ❑ If Yes, Approved by P�IT �urchasi_.......................... MBE ❑ WBE . _......__ ........ ........ _.......... No [] Yes Name of Com an Small Drainage Design and Repair — Sampson and Overlook 118-063B ..._._� . ��...�...................... ....... _ _..... n/a na........................._�.. ............................. See attached easement document Purpose/Description Easement needed for the installation of a storm sewer, ❑ Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) Amount of El Increase $ _,�.......... n Decrease $ Previous Amount $ Current Percent of Change;-%......_W.... New Amount _ ��..._.............�. ....._. ......�����. Total Percent of wChan:._. _._.%° . mmmmm mmm _................ Dis ersal After �pproval Copy Original ® ❑ Kara Boyles ® ❑ Sue Ellen Doudrick El❑� .............................. _��.........