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HomeMy WebLinkAboutDeed of Dedication - Dictate ROW along 35th Street – 3502 Oakcrest Dr.1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS February 13, 2024 Ms. Paulette Thibault & Ms. Jenna Armington 3502 Oakcrest Dr. South Bend, IN 46615 RE: Deed of Dedication Dear Ms. Thibault and Ms. Armington: At its February 13, 2024 meeting, the Board of Public Works approved the above referenced deed to dictate the right-of-way along 351h Street in the amount of $1 (enclosed). Enclosed please find a copy of the deed for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, Is/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou LAWSON-FISHER ASSOCIATES P.C. FA 525 W. Washington Ave. F^1ATj&South Bend, Indiana 46601 Ph. (574) 234-3167 Transmittal Letter To: City of South Bend Date: 1/29/24 227 West Jefferson Boulevard From: Aaron W. Blank, PS, PE South Bend, Indiana 46601 LFA Project No.: 202308.00 Attn: Ms. Becca Plantz Project Engineer Project: Bercliff Estates Location: South Bend, Indiana City Project No.: We Transmit... Herewith Under Separate cover via ❑ As Requested For Your... Approval Review & Comment Use Distribution ❑ Information The Following... Drawings Shop Drawings Specifications Prints Reproducibles 0 Samples Literature Test Results F[ As Listed n R = Reviewed RJ = Rejected RS = Revise and Resubmit FC = Furnish as Corrected Remarks: _Attached are conveyance documents fully executed by the homeowner for City of South Bend Board of Public Works signature. Please contact me when readv for pickup. Copies to: David McCormick, PE. D.WRE w/Encls. Rec'd by: Thank Date Rec'd: Please Sign and Return Copy DEED OF DEDICATION — PUBLIC RIGHT-OF-WAY JENNA ARMINGTON (NKA JENNA EBERHART) and PAULETTE THIBAULT (the "Grantor"), its successor and assigns and any and all successors in interest of the real property set forth in Exhibit A, conveys and dedicates for use as public right-of-way to the CIVIL CITY OF SOUTH BEND, INDIANA, by and through its BOARD OF PUBLIC WORKS (the "Grantee"), for and in consideration of One Dollar ($1.00) the receipt and sufficiency of which is hereby acknowledged, certain Real Estate situated in the County of St. Joseph , State of Indiana, and being more particularly described in the legal description identified as Exhibit "A" and a Right of Way Parcel Plat identified as Exhibit "B", which are incorporated herein by reference. // Executed this _ �[P day of , 20 24 . JENNA ARMINGTON STATE OF INDIANA SS COUNTY OF ST. JOSEPH PAULETTE THIBAULT mo, Before me, a Notary Public in and for said County and State, o;ernent, o, 2024, personally appeared the above named WITNESS to the foregoing and , having been duly sworn, did depose and say that he/she knows Jenna Armington (nka Jenna Eberhart), and Paulette Thibault to be the individuals described in and who executed the foregoing instrument; that said WITNESS was present and saw Jenna Armington (nka Jenna Eberhart), and Paulette Thibault execute the same; and that said WITNESS at the time subscribed his/her name as a witness thereto. WITNESS my hand and Notarial Seal this day of 20 24 . �"O" xv� Signature CHRISTINEA SZALAJKO � NW-1 awf�Ny- - AM F� WI' 9 My Commission Expires: fz�,� Jew I am a resident of County YF� oti Notary Public SEAT A Resident of St. Joseph County, IN Pq Commission No. NP0674335 My Commission Expires 10/15/2031 ACCEPTANCE Executed this . `W A - day of f V , 20 24 . CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President ATTEST: Ther, sa M. Hef -n r, Jerk This Instrument Prepared by Aaron W. Blank, PS, PE, Lawson -Fisher Associates P.C., 525 West Washington Street, 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. (printed name EXHIBIT 'B' RIGHT-OF-WAY PARCEL PLAT Prepared for the City of South Bend By Lawson -Fisher Associates P.C. 202308.00 R=30.00' — L=52.18' S POB - R=30.00' , II L=37.66' ' PROJECT NO. CODE: Y PARCEL: ROAD: COUNTY: >, SECTION: " TOWNSHIP: RANGE: I I I 1 I [ , I� I1 I I ' I I I I I /I ToII I 0 I II C V) I i 1 N-i 1 M 1� R=30.00' I L=11.72' R=30.00' L=42.06' Oakcrest Dr. 69.97' App. Ex. R/W (25') POC LEGEND C = Calculated Distance T^� R = Record Distance R/W ®= Property Iron Found BERCLIFF ESTATE Inst. # P-1942001 & �YV Inst. # P-1950023 N o Nr Lot 47 Lot 45 f GCS Existing Shed and Fence in Public R/W , 48.50' f App. Ex. R/W (30') Washington St. This plat was prepared using information obtained from the county records. It does not represent a survey of the owner's property. Unless otherwise shown, dimensions along the existing property lines are taken from the listed record documents. &j�LuA L L/m7`L 2/8/2023 Rebecca L. Dunbar Date Indiana Professional Surveyor No. 22100018 N/A N/A 1 35th Street St. Joseph 8 37N 3E OWNER/RECORD REFERENCE Paulette Thibault & Jenna Armington, joint tenants Inst. #2023-02049 Dated January 27, 2023 TAX KEY # 71-09-08-232-001.000-026 Hatched area is the Dimensions shown are ® approximate taking from the above listed record documents. 0 15' 30, Scale: 1" = 30' mow+ C .. • �(� 'i. • No. • 7n ■ L822100018 ■ ,• STATE OF 10 i 'r4' 4t 4b SDRv `1►. L FAVAVA LAWSON•FISHER ASSOCIATES P.C. 525 W. WASHINGTON AVENUE SOUTH BEND, INDIANA 46601 PH. 1574) 234-31 67 ]A] CHK: RLD SHEET: 1 OF 1 Exhibit'A' Parcel: 1— 35th Street Right -of -Way Page 1 of 1 Encumbers Tax Key: # 71-09-08-232-001.000-026 A part of Lot 47 of Bercliff Estate in the City of South Bend, Portage Township, St. Joseph County, Indiana, the plat of which is recorded in Instrument #P-1950023 in the Office of the Recorder of St. Joseph County, Indiana, and being that part of the grantor's land lying within the right-of-way lines depicted on the attached Right -of -Way Parcel Plat marked Exhibit'B', described as follows: Commencing at the northeast corner of said lot; thence North 89 degrees 45 minutes 36 seconds West 69.97 feet (distance quoted from Instrument #P-1950023) along the northern line of said lot to a northwest corner of said lot; thence Southwesterly 14.53 feet along an arc to the left having a radius of 30.00 feet and subtended by a long chord having a bearing of South 76 degrees 21 minutes 55 seconds West and a length of 14.39 feet to the Point of Beginning of this description; thence continuing Southwesterly 37.66 feet along an arc to the left having a radius of 30.00 feet and subtended by a long chord having a bearing of South 26 degrees 31 minutes 55 seconds West and a length of 35.23 feet to a northwest corner of said lot; thence South 09 degrees 25 minutes 36 seconds East 81.15 feet (82.15 feet by Instrument #P-1950023) along the western line of said lot to a southwest corner of said lot; thence Southeasterly 11.72 feet along an arc to the left having a radius of 30.00 feet and subtended by a long chord having a bearing of South 20 degrees 37 minutes 13 seconds East and a length of 11.65 feet; thence North 00 degrees 46 minutes 28 seconds West 122.49 feet to the Point of Beginning and containing 0.028 acres, more or less. This description was prepared for the City of South Bend by Lawson -Fisher +t�r1zrri#x8+. ■`*C. ....... ■ Qr• Associates P.C. and certified by Rebecca L. Dunbar, Indiana Professional �Sr : ��:'�`ZGER4'1y 4 a No. ; y Surveyor, License No. 22100018. * LS22100018 ■ STATE OF 'p ■ �++� •' . �NBIAN� • • •Q- •SU V►J . 2 8 2023 +.�D *� Rebecca L. Dunbar Date r�+t r rrti� SALES DISCLOSURE FORM ssAr .q` State Form 46021 (R14 / 1-23) SDF ID �;+ _. d 1• Prescribed by Department of Local Government Finance County Year Unique ID Pursuant to IC 6-1.1-5.5 PRIVACY NOTICE: The telephone numbers and Social Security numbers of the parties on this form are confidential +••..._.__�. � P tY according to IC 6-1.1-5.5-3. Do NOT place personally identifiable information (e.g. consulate numbers, passport numbers; government ID numbers, etc.) on this form as it may become publicly available. NOTE: All a uestions must be answered to the best of the individual Is abili ty. If the questian does not app ly, write "NIA" In th spa cgrovided. 1f the information re quested is unknown leave the space provided blank. Failure to provide a res onse for t italicized fields shall not result in the resection of the underlying conveVance document by local_o_fficials. INSTRUCTIONS: For additional information on how to complete this form, see the Sales Disclosure Form Instructions. PART 1 — To be completed by BUYER/GRANTEE and SELLER/GRANTOR A. PROPERTY TRANSFERRED — Must be conveyed on a single conveyance document (Additional contiguous properties can be listed on Page 5.) 1. Parcel Number or Tax Check all boxes 5. Complete Address of Property 6. Complete Tax Billing Address (if Identification Number applicable to parcel. different from property address) A.) 71-09-08-232-001.000-0 0 2. split 3502 Oakcrest Drive 26 O 3. Land South Bend, IN 46615 ❑ 4. Improvement 7. Legal Description of Parcel: Lot 47 Bercliff Estate B. CONDITIONS — Check only those that apply. If condition 1 applies, filer is subject to disclosure and a disclosure filing fee. YES NO CONDITION YES NO CONDITION O O 7. Easements or right-of-way grants. (Please O ❑ 1. A transfer of real property interest for valuable note that: (i) public utility/govemmental consideration. easements; or (ii) rights -of -way that do not ❑ Or 2. Buyer is an adjacent property owner. transfer fee simple; do not require a sales ❑ O 3. Vacant land (No structures on land) disclosure form. See the instructions for more information.) If conditions 8-10 apply, filers are subject to disclosure, but ❑ p 4. Exchange for other real property (`Trade") Parcel Number of traded property: not to the disclosure filing fee. ❑ O 5. Land contract. ❑ Q 8. Document for compulsory transactions as a Contract term (YYYY-YYYY): result of foreclosure or express threat of Contract date (MM/DD/YYYY): foreclosure, divorce, court order, judgment, condemnation, eminent domain, or probate. ❑ 0 6. Partial interest. Describe: ❑ ❑r 9. Documents involving the partition of land between tenants in common, joint tenants, or tenants by entirety. 0 O 10. Transfer to a charity, not -for -profit ` organization, or governmental entity or agency- C. TRANSACTION DETAILS — Complete only those that apply. YES NO 6. Transaction includes multiple Sales Disclosure Forms? YES NO CONDITION ❑ O 1. Sheriff Sale or Tax Sale ❑ Or SDF Form of 7. Date conveyance document signed (MM/DD/YYYY): ❑ © 2. Short Sale ❑ O 3. Quitclaim Deed 8. Approximate number of days property was on the market: 0 9. Total number of parcels on this disclosure: 1 ❑ O 4. Auction 5. Other: (If there is more than one (1) parcel, see Page 5.) 10. Select the type(s) of property below and fill out corresponding page(s). Check all that apply. Residential r Agricultural (Complete Page 2, Sec. D-E) (Complete Page 2, Sec. D-E) Commercial Industrial ❑ (Complete Page 2, Sec. F-G) O (Complete Page 2, Sec. F-G) Page 1 RESIDENTIAL OR AGRICULTURAL PROPERTY D. SALES DATA — Complete only those that apply. O Information contained in question 3 is confidential and non-disclosable under IC § 5-143-4 YES NO CONDITION 3. Planned use of the property? O ❑O 1. Changes to the property between Jan. 1 and sale date? Describe: Public right of way Describe: ❑ O 2. Property is a residential rental property. E. FINANCE DATA — Complete only those that apply. 1. Sales Price: 2. Personal Property included in transfer. Amount: 3. Seller paid points/closing costs. Amount: 4. Existence of family or business relationship between the buyer and the seller. Amount of discount (if any): $ 5. Describe any less -than -complete ownership interest and terms of seller financing. COMMERCIAL OR INDUSTRIAL PROPERTY YES NO CONDITION ❑ O 6. Is the seller financing the sale? (If yes, answer questions 7-8) ❑ ❑ 7. Is buyer/borrower personally liable for loan? ❑ ❑ 8. Is this a mortgage loan? ❑ ❑ 9. Was an appraisal done? F. SALES DATA — Complete only those that apply. ❑ Information contained in question 3 is confidential and non-disclosable under IC § 5-14-3-4. YES NO CONDITION 3. Planned use of the property? ❑ ❑ 1. Changes to the property between Jan. 1 and sale date? Qescribe: Describe: T O O 2. Property is a residential rental property. G. FINANCE DATA — Complete only those that apply. ❑ Information contained in questions 2-13 is confidential and non-disclosable under IC § 5-14�3-4 and IC § 6-1.1-35-9 1. Sales price. Amount: $0 9. How was the sale financed? (Check any that apply.) ❑ All Cash ❑ Seller Financing ❑ Construction Loan ❑ Mortgage Loan O Sale Leaseback ❑ Small Business Loan Check only those conditions that apply. YES NO CONDITION ❑ Cl 2. Sale price included an existing business? 10. How was property marketed? ❑ word of mouth ❑ ❑ 3. Sale price included a liquor license? O List with broker O For sale sign O Buyer approached 11. Special Circumstances? (Check any that apply.) ❑ ❑ 4. Transaction was part of a portfolio sale? ❑ ❑ 5. Any part of the property was leased at time of sale? Sale between same Sale in lieu of Sold at ❑ ❑ ❑ ❑ ❑ 6. Sale included property receiving an abatement? business entity foreclosure auction ❑ ❑ 7. Appraisal was completed for the sale? O Trade of equipment O Sale of partial Appraisal Value $ or services interest 12. Value of personal property included: $ B. Sale included property in a Tax Increment Finance O ❑ (TIF) District? 13. Value of intangible personal property included: $ RELIGIOUS USE PROPERTY TAX EXEMPTION Is the property being transferred going to continue to be used by a church or religious society YES NO for the same property tax exempt purposes provided by IC 6-1.1-10-21(e)? ❑ O� Page 2 H. PREPARER Preparer of the Sales Disclosure Form Title Erin McGuire Survey Technician Company Email Address Telephone Number Lawson -Fisher Associates P.C. emcguire@lawson-fisher.com (574 ) 234-3167 Address (number and street, city, state, country, and ZIP Code) 525 West Washington Avenue, South Bend, IN, USA 46601 I. SELLER(S)/GRANTOR(S) Seller 1 — Name as it appears on conveyance document Seller 2 — Name as appears on conveyance document Jenna Armington NKA Jenna Eberhart Paulette Thibault Address (number and street) Address (number and street) 3502 Oakcrest Drive 3502 Oakcrest Drive City, State, and ZIP Code City, State, and ZIP Code South Bend, IN 46615 South Bend, IN 46615 Country Country USA USA Email Address Telephone Number Email Address Telephone Number jaymckay03@yahoo.com (574 ) 993-1230 1 ( ) Under penalties of perjury, I hereby certify this Sales Disclosure, to the best of my knowledge and belief, is true, correct, and complete as required by law, and is prepared in accordance with IC 6-1.1-5.5. A person who knowingly and intentionally falsifies the value of transferred real property, or omits or falsifies any information required to be provided, commits a Level 5 felony. Si f ler Signatur f eller Printe ame of Seller Date Signed (mm/dd/yyyy) Pri d Na a of Sell [� Date Sig d (mm/dd/yyyy) . V''.&V,dA E 9G"A (Z7 /—z(D_Z V i Z 6 Zr J. BUYER(S)/GRANTEE(S) — APPLICATION FOR PROPERTY TAX DEDUCTIONS — IDENTIFY ALL T AT A PLY Buyer 1 — Name as it appears on conveyance document Buyer 2 — Name as it appears on conveyance document City of South Bend Address (number and street) Address (number and street) 227 West Jefferson Blvd. City, State, and ZIP Code City, State, and ZIP Code South Bend, IN 46601 Country Country USA Email Address Telephone Number Email Address Telephone Number Pursuant to IC 6-1.1-12-44, the Sales Disclosure Form may be used to apply for certain deductions. Identify all of those that apply: YES NO CONDITION YES NO CONDITION O 0 1. Will this property be the buyer's primary O O 3. Homestead residence? O Q 4. Solar Energy Heating or Cooling System O O 5. Wind Power Device 2. Does the buyer have a homestead to be vacated O O for this residence? If yes, provide address: O O 6. Hydroelectric Power Device O 0 7. Geothermal Energy Heating or Cooling Device Address (number and street) City, State, and ZIP Code County Under penalties of perjury, I hereby certify that this Sales Disclosure, to the best of my knowledge and belief, is true, correct, and complete as required by law, and is prepared in accordance with IC 6-1.1.5.5. A person who knowingly and intentionally falsifies the value of transferred real property, or omits or falsifies any information required to be provided, commits a Level 5 felony. (Note: Both spouse's information, SSN/Driver's License/ID/Other Number is necessary only if a Homestead Deduction is being ruled.) Si re Buyer Signature of Buyer 2/Spouse Printed LTgSI N me of Buyer 1 Sign D to (MM/DD/YY) Printed Legal Name of Buyer 2/Spouse Sign Date (MM/DD/YY) �L tzhc�1-i�cr� a Last 5 Digits of Buyer 1 SSN/Driver's License/ID/Other Num er Last 5 Digits of Buyer 2/Spouse SSN/Driver's License/ID/Other Number d1 Page 3 PART 2 - COUNTY ASSESSOR The county assessor must verify and complete items 1 through 14 and stamp the sales disclosure form before sending it to the auditor: 1. Property (Parcel Number) 2. AV of Land 3. AV of Improvement 4. Value of Depreciable Personal Property A.) 5. AV Total 6. Property Class Code 7. Neighborhood Code 8. Tax District 9. Acreage A.) 10. Identify physical changes to YES NO CONDITION Assessor Stamp p property between the assessment date O O 11. Is form completed? and the date of sale: 12. State sales disclosure O O fee required? 13. Date of Sale (mm/dd/yyyy): 14. Date Form Received (mm/dd/yyyy) Items 15 through 18 are to be completed by the assessor when validating this sale: YES NO CONDITION 15. If applicable, identify any additional special circumstances relating to validation of sale: O O 16. Sale valid for trending? O ❑ 17. Validation of sale complete? 18. Validated by: PART 3 - COUNTY AUDITOR YES NO CONDITION Auditor Stamp 1. State Sales Disclosure Fee Amount Collected: $ ❑ ❑ 6. Is form completed? 2. Other Local Fee: $ ❑ ❑ 7. Is state sales disclosure fee collected? 3. Total Fee Collected: $ ❑ O 8. Attachments complete? 4. Auditor Receipt Book Number: 5. Date of Transfer (mm/dd/yyyy): PART 4 - RECEIPT FOR STATEMENT OF DEDUCTION OF ASSESSED VALUATION SDF ID SDF Date (mm/dd/yyyy) Buyer 1 — Name as appears on conveyance document Parcel Number Address of Property (number and street) Check those deductions for which the individual has applied: ❑ Homestead ❑ Solar Energy ❑ Wind Power O Hydroelectric ❑ Geothermal City, State, and ZIP Code of Property Auditor Signature Date (mm/dd/yyyy) A person who knowingly and intentionally falsifies value of transferred real property, or omits or falsifies any information required to be provided in the sales disclosure form, commits a Level 5 felony. Page 4 SALES DISCLOSURE PART 1(A) -'ck' State Form 55632 (R / 1-21) YF=.- PRIVACY NOTICE: The telephone numbers and Social Security numbers of the parties on this form are confidential according to IC 6-1.1-5.5-3. Do NOT place personally identifiable information (e.g. consulate numbers, passport numbers; government ID numbers, etc.) on this form as it may become publicly available. SDF ID County Year Unique ID PART 1 - To be completed by BUYER/GRANTEE and SELLER/GRANTOR A. PROPERTY TRANSFERRED - Must be conveyed on a single conveyance document. (Multiple parcels can be listed on this form and attached to State Form 46021 only if they are contiguous and located entirely within a single taxing district.) 1. Parcel Number or Tax Identification Number Check all boxes applicable to parcel. 5. Complete Address of Property 6. Complete Tax Billing Address (if different from property address) B•) O 2. Split O 3. Land O 4.Improvement 7. Legal Description of Parcel B: C.) O 2. Split ❑ 3. Land O 4.Improvement 7. Legal Description of Parcel C: D•) O 2. Split O 3. Land O 4.Improvement 7. Legal Description of Parcel D: E.) O 2. Split O 3. Land O 4.Improvement 7. Legal Description of Parcel E: F•) O 2. Split O 3. Land O 4.Improvement 7. Legal Description of Parcel F: G.) O 2. Split ❑ 3. Land ❑ 4.Improvement 7. Legal Description of Parcel G: H•) ❑ 2. Split O 3. Land ❑ 4.Improvement 7. Legal Description of Parcel H: Page 5 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 02/05/2024 Name Becca Plantz Department Public Works BPW Date 02/13/2024 Phone Extension 5998 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer ❑ Officer Name BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Michael Schmidt 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 M Other: Deed of Dedication n Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information 3502 Oakcrest Dr. South Bend, IN 46615 ❑ Yes❑ If Yes, Approved by Purchasing ❑ No ❑ MBE Completed E-Verify Form Attached ❑ Nos 3502 Oakcrest Dr. Deed of Dedication n/a n/a n/a $1.00 n/a Deed of Dedication to dictate ROW along 35th Street. For Change Orders Onl Amount of ❑ Increase $ ❑ Decrease $ Previous Amount $ Increase Current Percent of Change: Decrease New Amount $ Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: