HomeMy WebLinkAboutRelease of Non-Access Easement - 5750 Brick Rd. Proj No. DP21-041 – Brick Road Logistics, LLCII IIIIIII Illl IIIIIII11111
,. ���� .
DocId:8333364
Tx : 4217169
2023-1301 a
RECORDED AS PRESENTED ON
06/13/2023 12:19 PM
RELEASE OF NON -ACCESS EASEMENT MARY BETH WISNIEWSKI
ST, IOSEPH COUNTY
RECORDER
5750 BRICK ROAD, SOUTH BEND, INDIANA 46628
PCS: 4 FEES: 25.00
THIS RELEASE OF NON -ACCESS EASEMENT made this 13th. day of
June, 2023, by the City of South Bend, Indiana, acting through its Board of Public Works (the "City"),
in favor of Brick Road Logistics, LLC, its successors and assigns (collectively, the "Owner").
WITNESSETH THAT:
WHEREAS, Owner of the land affected by the Non -Access Easement being the same, or part of
the same, property conveyed to Brick Road Logistics, LLC by Warranty Deed recorded June 25,
2021, as Document Record 2021-21568, in the Office of the Recorder for St. Joseph County, Indiana,
to which reference is made for further description:
LOT LETTERED "A" AS SHOWN ON THE RECORDED PLAT OF CROSSROADS
INDUSTRIAL COMPLEX PHASE II FIRST REPLAT, RECORDED AUGUST 21, 1995
IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, AS
INSTRUMENT NO. 9526956.
ALSO DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT A; THENCE ALONG
THE RECORDED BOUNDARY OF SAID LOT A FOR THE FOLLOWING 6 COURSES
AND DISTANCES; 1.) SOUTH 89 DEGREES 58 MINUTES 03 SECONDS EAST, 427.46
FEET; 2.) SOUTH 00 DEGREES 14 MINUTES 40 SECONDS EAST, 199.97 FEET; 3.)
SOUTH 84 DEGREES 02 MINUTES 07 SECONDS WEST, 99.59 FEET; 4.) SOUTH 00
DEGREES 37 MINUTES 31 SECONDS WEST, 74.97 FEET; 5.) SOUTH 84 DEGREES 03
MINUTES 16 SECONDS WEST, 332.75 FEET; 6.) NORTH 00 DEGREES 27 MINUTES
03 SECONDS EAST, 320.00 FEET TO THE POINT OF BEGINNING.
WHEREAS, a ten (10) foot non -access easement impacting ingress and egress exists on the northside
of the property marked as "Lot A" as depicted on Exhibit 1, attached and incorporated hereto; and
WHEREAS, the City no longer recognizes a need to restrict ingress -egress to the area of Lot A off
Brick Road that is subject to the non -access easement; and
WHEREAS, Owner acknowledges the authority of the City to continue to regulate the construction
of driveways, approaches and curb cuts at this location; and
NOW, THEREFORE, in consideration of the foregoing, the City of South Bend Board of Public
Works agrees to release and terminate the aforesaid non -access easement that prohibits ingress and egress,
across, from and to Owner's property depicted as Lot A at 5750 Brick Road, South Bend, Indiana 46628..
,Ahu
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Elizabeth A. Maradik, President
Gary A. Gilot, Member
mom,
Murray L. Miller, Member
STATE OF INDIANA
SS:
ST. JOSEPH COUNTY
Joseph R. Molnar, Vice President
Jordan V. Gathers, Member
Attest: Theresa M. Ileffier, Clerk
Date: June 13, 2023
Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana,
personally appeared Elizabeth A. Maradik, Joseph R. Molnar, Gary A. Gilot, Murray L. Miller,
and Jordan V. Gathers, personally known by me to be the Board of Public Works of the City
of South Bend, Indiana, and acknowledged the execution of this Release of Non -Access Easement
as their voluntary act or deed.
WITNESS my hand and Notarial Seal this. 7- -Lii day of .q �� e _ 92023.
(Mary Public
CA r sident of St. Joseph Co Xhty, IN
My Commission Expires:
2 / LAURA D. HENSLEY
Notary Public - Seal
(.�'i ) . la)c) 0 St Joseph County - State of Indiana
Commission Number NP0732150
My Commission Expires Mar 3, 2029
I affirm, under the penalties for perjury, that I have taken reasonable care to react each Social
Security number in this document, unless required by law. _Laura D. i-lensley
Prepared by Michael J. Schmidt, Assistant City Attorney, 1200-S County -City Building, 227 W.
Jefferson Blvd., South Bend, Indiana 46601,
EXHIBIT 1
REPLAT OF CROSSROADS INDUSTRIAL COMPLEX PHASE II
CROSSROADS INDUSTRIAL COMPLEX PHASE II, FIRST REPLAT
A PART OF THE NORTHWEST QUARTER OF SECTION 20, T. 38 N., R. 2 E. GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA
��zssss (BEING A REPLAT OF LOT 5 OF CROSSROADS INDUSTRIAL COMPLEX PHASE II, SECTION 1 AND LOT 6 OF CROSSROADS INDUSTRIAL COMPLEX PHASE II, SECTION 2)
8 R! C K R O A
�o
S 89'33'S5 w
1503.&4'
.qRM LRR ,ECnrl 74 ; A N, 1 ; t.
N. SECI]ON 2D 1/ 3 i 0O I�
� o
LEGAL DESCRIPTION
A PART of THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 36 RGM,
RANGE 2 EASTr CE3tN71M TOWNSHIP, CITY of SOUTH BEND, ST. JOSEPH
COUNTY, INDIANA KHICH Is OEscRiBED AS: GOT f 5 OF THE RECORDED FIAT
OF •CROSSROADS INDUSTRIAL COMPLEX PHASE I!, SECTION 1• RECORORD AS
DOCUMENT Ito. 9201947 AND TAT f 6 OF THE RECORDED FIAT OF 'CROSSROADS
INDUSTRIAL COMPLEX PILLSE II, SECTION 2• RECORDED AS DOCUMENT NO.
9244870 BUTH AS SHOWN 1N THE RECORDS OF THE ST. JOSEPH COUNTY,
INDIANA RECORDES R'OFFICE.
CONTAINING 5.4355 ACRES AND OompRisim OF TWO (2) LOTS.
SUBJECT TO ALL LEGAL HIGRMT9, EASEMENTS AND PMWIC'10M5 OF RECORD.
SURVEYOR'S CENTIYICATE
- —
1, R. DOUG AS PEIRCE, NERLBT CERTIFY THAT I AN A REGISTERED LAND
SURVEYOR, LICERSED IN LVNPLIANCE WITH THE LAWS OF THE STATE OF
INDIANA: THAT IRIS FIAT CORRECTLY REPRESENTS A SURVEY COKPLETM Olt
CERTIOCATION,
FLED EI RE ON THE 26TR DAY OF JOLT 1995: THAT THE L
SIEE, TYPE, AND MATERIAL OF ALL RDWUME)ITs ARE ACCURATELY SHOWN AND
THAT THE IIOwma Ts WILL BE INSTALLED IN ACCORDANCE W179 THE
PROVISIOM9 OF THE SUBDIVISION CONTROL ORDINANCE OF THE CITY OF 9WM
BEND, 1WDIAM.„PEIH,�
I
0
h
=+ 03L8
I6TAEDF
M. b011G+ia PEIRCE L.S. f 9 O31a
nt
I
AV
I' J
-
D - 5/!• I"AS SHT, P.N. RAILS Iw ROAD
■ASZKM T NOTE--
el
TD "I WEsr or MR MmIcx, AND 1•ROW THE INFORMATION SUPPLIED TO US
ly,
-F
BY THE OwNm1T3I, AM EM9 MEFF9 OF RECORD ARE SHOWN On THIS PLAT.
�I�QACJIIw[�IIM<
s
�PIDIIDIIIG
TMZ ARE 00 VCMUMBEN S Or EXISTING STRUCIORE9 UPOM THE BUILDING
j
SSTBACKB OR EAS"ItNTH CREATW IN THE HEREFK SUBDIVISION.
4
rj
7WE IWUAffiS AM EGRESS EASEMENT BIIONNR ON LOT A DE TITS PLAT IS FOR
I
THE RECLUSIVE USE Or THE OWNERS AND THEIR ASSIGNS OF LOTS A OF THIS
PLAT AND LOT 1 Or "CROSSROADS INDUSTRIAL CCOMPL`EK PRASE 1I, SECTION
.r
1• RECORDED SUBDIVISIONI PLAT.
InE� IT Is UNDERSTOOD III THE THE OMN@IS' SUCCESSORS IN INTEREST THAT THE ABOVE
la DESCRIBED REAL YROPEfYYT LIES IN CLOSEPROEIEITT To AN OPERATING AIRPM AND
'MAT THE OPERATION OF THE AIRPORT AND THE LANDING AND TAKE -OPT AIRCRAFT MY
GENERATE NIGH NOIRE LEVEt.S. THEREFORE IN CORsIDERATIoN Or 171E IssuANcE BY THE
INDIANA DEPARTMENT OF TRANSPORTATION OF A $�SE�NIT PURSUANT TO INDIANA CODE 8-21-
10-3-B TO CONSTRUCT A RESIDENTIAL OR �T[ER BUILDING DESIGNED FOR NOISE
SENSITIVE tI9ES ON SAID REAL PROPERTY IN ACCORDANCE MYTH THE TERNS OR OWNERS'
APPLICATION, OwIttg(S) IPRRESY COVENANT THAT THET SHALL NOT INITIATE OR SUPPORT
ACTION LN A" COURT OR BEFORE ANY OOVF.RNMEIITAG AGLmCY IF THE PURPOSE OF THE
ACTION IS TO INTCVERE WITH. RESTRICT. OR ReDucE THE OPERATION OF THE AIRPORT
OR 71E USE OF THE AIRPORT BY ART AIRCRAFT- DWRER(S) FURTHER COVENANT THAT THEY
SMALL Par PROTEST OR OB.7ECF TO THE OPERATION OF THE LARDING OR TAKE -OFF OF
AIRCRAFT BEFORE AIR COURT' OR AGEMCt Or OUVERKmmT. THE COVEMANTS CVWTAINEO
HEREIN SMALL RUN wM THE LAND AM SMALL BE BINDING UPON THE UMBERS AND
SUCCESSORS AND ASSIGNS -
DEED OF DEDICATION
I. SWE) THE UNDERSIGNED, CROSSROADS REALTY, AN INDIANA PARTHERSIILH',
CRIER43) OF THE REAL ESTATE. SHOWN AND DESCRIBED HEREIN, DO
HEREBY OF
OFF, PIAT, AND SUBDIVIDE SAID REAL, ESTATE IN
ACCOROANCE WITH THE RWUlP.EN:NTS OF THE SUBDIVISION ORDINANCE OF THE
CM OF SOUTH DEMO, INDIANA. THIS SUBDIVISION SHALL BE KNOFIF AND
DESIGNATED AS:
CROSSROADS INDUSTRIAL COMPLEX PHASE 1I FIRST REPLAT
ALL STREETS, RIGHTS -OP -NAY, ALLEYS, FERVRE ROADWAY EASEMENTS, AND
PUBLIC OPEN SPACES SHOWN AND NOT MERETOFORE DEDICATED, NOW ARE
HEREBY DEDICATED TO THE PUBLIC FOR THE USES DESIGNATED HEREIN,
FRONT BUILDING SETBACK LINES ARE HEREBY ESTABLISHED AS SRO" ON
THIS PLAT, 13MVEEN WHICH LINES AND THE RECITE -OF -WAY LIKE OF THE
S7?,M(S), THERE SHALL BE ERECTED OR KAINTAIHED NO BUILDING
OR STRUCTURE. THE AREAS OF GROUND DESIGNATED ON THI5 PLAT AND
MARXLD AS •EASEKENTS' ARE RESERVED FOR THE USES AS
DESIGNATED FOR 171E USE OF THE PUBLIC UTILITIES AND INCLUDE BUT ARE
EDT LIMITED TO THE INSTALLATION OF WATER AND SEWER KAIN3, POLES,
DUCTS, LINES AND MIRES, DRAINAGE FACILITIES, AND ACCESS FUR
PRESENT OR I'VTJRE DEVEIAPMENTI SUBJECT AT ALL AND
TO THE PROPER
AUTHORITIES AND TO THE EASEMENT HEREIN RESERVED. NO PERMANENT
OR OTHER STRUCTURES ARE TO BE ERECTED OR MAINTAINED UPON
SAID EASEMENTS OF LAND, BUT THE OWNERS OF SAID LOTS IN THIS
SUBDIVISION SMALL TAKE THEIR TITLES SUBJECT TO THE RIGHTS or
THE PUBLIC UTILITIES, AMID TO THE RIGHTS OF THE OWNERS OF THE
OTHER LOTS IN THIS SUBDIVISION.
OWNER'S CERTIFICATE
THIS IS M CERTIFY THAT THE UNDERSIGNED, CROSSROADS REALTY, AM
INDIANA PARTNERSHIP ARE THE OWNERS OF THE LAND DESCRIBED IN THE
PLAT NKREIN. AHD THAT THEY RAVE CAUSED THE SAME TO BE SURVEYED
A" SUBDIVIDED AS INDICATED THEREON, FOR THE USES AND PURPOSES
FORTH,
THEREIN SET FOR, AND DO HEREBY ACIOrONLEDGE AMD AND THE PLAT
UNDER THE STYLE AND TITLE THEREON INDICATED. DATED
THIS —3-_TH DAY OF AUGUST, 1995.
CROSSROADS REALTY, AB INDIANA PARTNERSHIP
BY PAUL FAILON
P.O. BOE 266
SOUTH REND, INDIANA 46624
NOTARIZATION STATEMENT
STATE of INDIANA 1
SS:
COUNTY OF ST. JOsmm 1
BEFORE ME THE UNDERSIGNED NOTARY PUBLIC, IN AND FOR SAID COUNTY AND
STATE DID PERSONALLY APPEAR THE ABOVE NOTED PAUL FAL.LON FOR
CROSSROADS REALTY, AN INDIANA PARTNERSHIP, AND ACXHONLEDGM THE
FOREGOING INSTRUMENT AS THEIR VOLUNTARY ACT AND DEED FOR THE
PURI.08
L4 THEREIN EXPRESSED. WITNESS MY HAND AND NOTARIAL SEA.
THIS NTH DAY OE AUGUST. 1995.
MY COMMISSION EXPIRES JAKUAR,Y-2, 1999-.',_-
' I NOTARY PUBLIC
fJI,IRI . 11DENT OF IT, J05EPH COUNTY
wS I'L'RIAC 7
REASOKroR SUBDIVISION REPOT OF 4N „�
THE REASON FOR THIS TWO L.Irr SUBDIVISION REPLAT Is TO MOVE THE
EXISTING PROPERTY LINE BETWEEN EATS f 5 AND 1 6 OF THE OLD
SUBDIVISION 75 ITT. TO THE SOUTH AM REMOVE THE EXISTING 10 FT. WIDE
DRAINAGE EASEMENT WHICH 15 PRESENTLY LOCATED ALONG THE NORTH LINE of
SAID LOT f 5.
I
i
J _ _ PVMSUANT TO NNDUNA CODE SECTION 38-7-4. THE UNOWSIONED CERTIFY THAT THE
CROSSROADS RYOUSTRIAL COMPLOL I41ASE`aLTI. FlRSi REPLAT SUBOMSION WAS W
CONSIOEREO ANO GRANTED ryJ'S,'ONDAHY APPROVAL 8Y THE STAFF OF THE AREA PLAN ♦— ? '+ .'�
— --- COMMISSION OF ST. JOSEPH COUNTY, WDIAMA ON AUGUST 10, 1995 AFTER THE ¢ W Q u
DETERMINATION WAS MADE THAT THE SUSOMIO SN COMPLIFS OATH TTIE STANDARDS SET bULY EI:'! "'-' 1 +AALIDN U
FORTH IN THE CrFY OF SOUTH BEND, INDIANA SUBDMSRIN CONTROL ORDINANCE: AND THAT SEl LHL) '=EUi;x Q S�
f THE TIME PROWDED FOR APPEAL HAS EXPIRED, OR THAT THE RIGHT OF APPEAL HAS BEEN (1� m t�
WANED. IN WR ITIM4 BY AM INIERAUUI I O:i eSTED PARTIES. rs
4 IN W TNESS WHEREOF. WE HAVE ATTACHEII OUR SMINATURES AND THE COMMISSION'S SEALJDSEPH CO. INDIANA Q
Cj HEREUPON: 'W
u i5
ter`"ASSISTAJ4T SECAETARYJ C
ANRRROBERT W. SAATE . H pMM[� Unli i�_15 LIJ j L �'�0
C;pcg3 6v i
g
`.
J a 3
wo
h . yam 0 50 100 150
SCALE 1" = 50'
WE
(,J EMNI
rrr �MNrayTlDl m rxis mannc Is For WF"O IO eE su'I 6 E rw REus R E Y I S 10 N 5 SHEET
R Jar ITR9m. cloy a fo. P Tlm m .Mr On[as OR EiILNsim a Ixos 7/26/95
wvxo m rd N.r VSE m Nrt nIJER MwECR. JNr ROAR +�naJr vannx
N0Nl�ria IM r,C [NLiJ4ER, JRO,.rtcTrR aRrcmr rdr IxE SCJII ��IN O S CIFFC PLW7A INJEr xb rl(L H .I IW VSERS SME RISE A'D n QT EIJBHHN 1• = 50• J_F mp s
m LUA E V%$W R6 7K MIMEM. MDJITFCI OR sm,tSVR. JJP�r Ja ,G•.. o— r i
JCC vamoM miEiNFs I.Vst IS TIM ARIFIM v tw FILE I 1
WHR+Cfm OUIM AN, CD wkInm w, w61R. 951228
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date: 5/30/2023
Name: Charlie Brach Department of Public Works — Engineering Division
BPW Date: 6/13/2023 Phone Extension: 9246
Required Prior to Submittal to Board
BPW Attorney X Attorney Name
Dept. Attorney ❑ Attorney Name
Purchasing
0
Check the Appropriate Item Type — Required. for All Submissions
❑ Professional Services Agreement ❑ Contract ❑ Proposal
❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA
❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet
❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes
❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA
❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution
® Other: Release of Non -Access ❑ Ease./Encroach
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract N/A
Special Contract Provisions N/A
Purpose/Description Release of non -access easement for 5750 Brick Road. Non -access easement i,,
no longer needed, and they are proposing a second approach on their property
Current standards allow for the second approach.
For Change Orders Only
Amount of ❑ Increase $
❑ Decrease ($ )
Previous Amount $
Information
Brick Road Logistics, LLC
Current Percent of Change
New Amount
Total Percent of Change:
Time Extension Amount:
New Completion Date:
❑ Yes ❑ If Yes, Approved by Purchasing
❑ No
MBE
❑ WBE Completed E-Verify Form Attached ❑ Nos
5750 Brick Road
DP21-041
N/A
DDT N/A
N/A
Increase
Decrease
Increase
Decrease