Loading...
HomeMy WebLinkAboutRelease of Easement - (4) Easements at 4401 S. Michigan St. – Barnes Development Company LLC1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS May 14, 2024 Abybend Inc. 200 S. Frontage Rd. Burr Ridge, IL 60527 aby(kabygroups.com RE: Release of Easement To Whom It May Concern: At its May 14, 2024 meeting, the Board of Public Works approved the above referenced easement for the release of four (4) historic easements at 4401 S. Michigan St. that are no longer needed due to the relocation of the sanitary sewer main. Enclosed please find a copy of the easement for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou RELEASE OF EASEMENT WHEREAS, on July 29th, 1968, Thurman Earl Kuntz and Ethel M. Kuntz granted an easement to the City of South Bend, which was recorded in the St. Joseph County Recorder's office on January 6th, 1971 as Instrument No. 89756, which instrument gave a right for a sewer easement concerning certain property described as: The West Ten (10) feet of lots 6, 7 and 8 in John A. Byer's Addition Unrecorded, which Lots are more closely described as follows: A tract of land in the Northwest Quarter (1/4) of Section 25, Township 37 North, Range 2 East, and more particularly described as follows: Commencing at the Southwest Corner of the Northwest Quarter of Said Section 25 thence East along the Quarter Section line six hundred seventy-five (675) feet to the West line of Michigan Road; thence North Six (6) degrees seventeen (17) minutes of said road 220 feet to the point of beginning of the tract herein described; thence West and parallel to the East and West Quarter (1/4) Section Line of said Section 25 one hundred fifty (150) feet; thence North six (6) degrees seventeen (17) minutes East one hundred feet to the Westerly line of Michigan Road; thence south six (6) degrees seventeen (17) minutes West one hundred fifty (150) feet along the Westerly line of said Road to the point of beginning. The above description purports to describe Lots Numbered 6, 7 and 8 in John A. Byer's Addition to South Bend, Indiana, said Addition being an "Unrecorded Plat" according to a survey by D.L. Warren, Civil Engineer, Recorded in Book 104, p. 362 of the records of the Recorder's Office of St. Joseph County, Indiana. WHEREAS, the easement is no longer necessary and the City desires to release its easement; and WHEREAS, the current owner of the parcel at 4401 S. Michigan St. is Barnes Development Company, LLC, located at 1000 Enterprise Dr., Allen Park, MI and holds the successor interest in the easement contemplated within this Release of Easement; and WHEREAS, Barnes Development Company, LLC, as the holder of the successor interest in the easement being released under this document has been advised of the intention to execute this Release of Easement as contemplated herein. NOW, THEREFORE, the City of South Bend hereby releases the sewer easement granted to it by Thurman Earl Kuntz and Ethel M. Kuntz and recorded in the St. Joseph County Recorder's Office as Instrument No. 89756 and all of the rights thereunder, with the intent that the easement may be forever extinguished. IN WITNESS WHEREOF, the City of South Bend by and through its Board of Public Works has authorized the undersigned to execute this Release of Easement this 14th. day of May, 2024. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member �pl Joseph R. Molnar, Vice President Briana Micou, Member Attest: Theresa M. Heffner, Clerk Date: May 14, 2024 STATE OF INDIANA SS: COUNTY OF ST. JOSEPH Before me, the undersigned, a Notary Public in and for said County and State, this 14/ 4 day of VH CA V , 2024, personally appeared Elizabeth Maradik, personally known to me as the President of the South Bend Board of Public Works, the contracting body of the City of South Bend, 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. CLAUIA 0. HENSLEY y Public - Seal unty - State of Indiana Number NP0732150n Expires Mar 3, 2029 . otary Public Resident of County,,' �a My commission expires: a,t(' l This instrument was prepared by Michael J. Schmidt, Assistant City Attorney, 1200 S. County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Michael J. Schmidt. RELEASE OF EASEMENT WHEREAS, on July 29th, 1968, Crey Belle Kell and Paul Kell and granted an easement to the City of South Bend, which was recorded in the St. Joseph County Recorder's office on January 6th, 1971 as Instrument No. 89757, which instrument gave a right for a sewer easement concerning certain property described as: The West Ten (10) feet of lots 6, 7 and 8 in John A. Byer's Addition Unrecorded, which Lots are more closely described as follows: A tract of land in the Northwest Quarter (1/4) of Section 25, Township 37 North, Range 2 East, and more particularly described as follows: Commencing at the Southwest Corner of the Northwest Quarter of Said Section 25 thence East along the Quarter Section line six hundred seventy-five (675) feet to the West line of Michigan Road; thence North Six (6) degrees seventeen (17) minutes of said road 220 feet to the point of beginning of the tract herein described; thence West and parallel to the East and West Quarter (1/4) Section Line of said Section 25 one hundred fifty (150) feet; thence North six (6) degrees seventeen (17) minutes East one hundred feet to the Westerly line of Michigan Road; thence south six (6) degrees seventeen (17) minutes West one hundred fifty (150) feet along the Westerly line of said Road to the point of beginning. The above description purports to describe Lots Numbered 6, 7 and 8 in John A. Byer's Addition to South Bend, Indiana, said Addition being an "Unrecorded Plat" according to a survey by D.L. Warren, Civil Engineer, Recorded in Book 104, p. 362 of the records of the Recorder's Office of St. Joseph County, Indiana. WHEREAS, the easement is no longer necessary and the City desires to release its easement; and WHEREAS, the current owner of the parcel at 4401 S. Michigan St. is Barnes Development Company, LLC, located at 1000 Enterprise Dr., Allen Park, MI and holds the successor interest in the easement contemplated within this Release of Easement; and WHEREAS, Barnes Development Company, LLC, as the holder of the successor interest in the easement being released under this document has been advised of the intention to execute this Release of Easement as contemplated herein. NOW, THEREFORE, the City of South Bend hereby releases the sewer easement granted to it by Crey Belle Kell and Paul Kell and recorded in the St. Joseph County Recorder's Office as Instrument No. 89757 and all of the rights thereunder, with the intent that the easement may be forever extinguished. IN WITNESS WHEREOF, the City of South Bend by and through its Board of Public Works has authorized the undersigned to execute this Release of Easement this 14th. day of May, 2024. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member wX Joseph R. Molnar, Vice President WIN,lL+. Briana Micou, Member � M- Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: May 14, 2024 STATE OF INDIANA SS: COUNTY OF ST. JOSEPH Before me, the undersigned, a Notary Public in and for said County and State, this ) ` 4h . day of MAV , 2024, personally appeared Elizabeth Maradik, personally known to me as the President of the South Bend Board of Public Works, the contracting body of the City of South Bend, 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. I LAURA D. HENSLEY (SEA } Notary Public - Seal St Joseph County - State of Indiana Commission Number NP0732150 My Commission Expires Mar 3, 2029 My commission expires: 1 l LAk D- 4Msi r Nolary Public Resident of . 74 Sep k County, - "0011 This instrument was prepared by Michael J. Schmidt, Assistant City Attorney, 1200 S. County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 4660 1. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Michael J. Schmidt. RELEASE OF EASEMENT WHEREAS, on July 29th, 1968, Carey Kuntz Copeland and granted an easement to the City of South Bend, which was recorded in the St. Joseph County Recorder's office on January 6th, 1971 as Instrument No. 89758, which instrument gave a right for a sewer easement concerning certain property described as: The West Ten (10) feet of lots 6, 7 and 8 in John A. Byer's Addition Unrecorded, which Lots are more closely described as follows: A tract of land in the Northwest Quarter (1/4) of Section 25, Township 37 North, Range 2 East, and more particularly described as follows: Commencing at the Southwest Corner of the Northwest Quarter of Said Section 25 thence East along the Quarter Section line six hundred seventy-five (675) feet to the West line of Michigan Road; thence North Six (6) degrees seventeen (17) minutes of said road 220 feet to the point of beginning of the tract herein described; thence West and parallel to the East and West Quarter (1/4) Section Line of said Section 25 one hundred fifty (150) feet; thence North six (6) degrees seventeen (17) minutes East one hundred feet to the Westerly line of Michigan Road; thence south six (6) degrees seventeen (17) minutes West one hundred fifty (150) feet along the Westerly line of said Road to the point of beginning. The above description purports to describe Lots Numbered 6, 7 and 8 in John A. Byer's Addition to South Bend, Indiana, said Addition being an "Unrecorded Plat" according to a survey by D.L. Warren, Civil Engineer, Recorded in Book 104, p. 362 of the records of the Recorder's Office of St. Joseph County, Indiana. WHEREAS, the easement is no longer necessary and the City desires to release its easement; and WHEREAS, the current owner of the parcel at 4401 S. Michigan St. is Barnes Development Company, LLC, located at 1000 Enterprise Dr., Allen Park, MI and holds the successor interest in the easement contemplated within this Release of Easement; and WHEREAS, Barnes Development Company, LLC, as the holder of the successor interest in the easement being released under this document has been advised of the intention to execute this Release of Easement as contemplated herein. NOW, THEREFORE, the City of South Bend hereby releases the sewer easement granted to it by Carey Kuntz Copeland and recorded in the St. Joseph County Recorder's Office as Instrument No. 89758 and all of the rights thereunder, with the intent that the easement may be forever extinguished. IN WITNESS WHEREOF, the City of South Bend by and through its Board of Public Works has authorized the undersigned to execute this Release of Easement this 14th. day of May, 2024. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President •._ � _ %tea Gary A. Gilot, Member Murray L. Miller, Member '�ZP1 Joseph R. Molnar, Vice President Briana Micou, Member Attest: Theresa M. Heffner, Clerk Date: May 14, 2024 STATE OF INDIANA SS: COUNTY OF ST. JOSEPH Before me, the undersigned, a Notary Public in and for said County and State, this lq�h day of IM 1A� �J , 2024, personally appeared Elizabeth Maradik, personally known to me as the President of the South Bend Board of Public Works, the contracting body of the City of South Bend, 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. (SEAL) LAURA D. HENSLEY Notary Public - Seal 1 St Joseph County - State of Indiana 16, Commission Number N10732150 My Commission Expires Mar 3, 20Z9 i rek 7 tary Public lsid6cnt of !64 ounty, _,�Xvoef - My commission expires: This instrument was prepared by Michael J. Schmidt, Assistant City Attorney, 1200 S. County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601, I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Michael J. Schmidt. RELEASE OF EASEMENT WHEREAS, on July 20, 1968, Walter Erler, Jr. and Mary Jane Erler and granted an easement to the City of South Bend, which was recorded in the St. Joseph County Recorder's office on January 6th, 1971 as Instrument No. 89759, which instrument gave a right for a sewer easement concerning certain property described as: The West Ten (10) feet of lots 6, 7 and 8 in John A. Byer's Addition Unrecorded, which Lots are more closely described as follows: A tract of land in the Northwest Quarter (1/4) of Section 25, Township 37 North, Range 2 East, and more particularly described as follows: Commencing at the Southwest Corner of the Northwest Quarter of Said Section 25 thence East along the Quarter Section line six hundred seventy-five (675) feet to the West line of Michigan Road; thence North Six (6) degrees seventeen (17) minutes of said road 220 feet to the point of beginning of the tract herein described; thence West and parallel to the East and West Quarter (1/4) Section Line of said Section 25 one hundred fifty (150) feet; thence North six (6) degrees seventeen (17) minutes East one hundred feet to the Westerly line of Michigan Road; thence south six (6) degrees seventeen (17) minutes West one hundred fifty (150) feet along the Westerly line of said Road to the point of beginning. The above description purports to describe Lots Numbered 6, 7 and 8 in John A. Byer's Addition to South Bend, Indiana, said Addition being an "Unrecorded Plat" according to a survey by D.L. Warren, Civil Engineer, Recorded in Book 104, p. 362 of the records of the Recorder's Office of St. Joseph County, Indiana. WHEREAS, the easement is no longer necessary and the City desires to release its easement; and WHEREAS, the current owner of the parcel at 4401 S. Michigan St. is Barnes Development Company, LLC, located at 1000 Enterprise Dr., Allen Park, MI and holds the successor interest in the easement contemplated within this Release of Easement; and WHEREAS, Barnes Development Company, LLC, as the holder of the successor interest in the easement being released under this document has been advised of the intention to execute this Release of Easement as contemplated herein. NOW, THEREFORE, the City of South Bend hereby releases the sewer easement granted to it by Walter Erler, Jr. and Mary Jane Erler and recorded in the St. Joseph County Recorder's Office as Instrument No. 89759 and all of the rights thereunder, with the intent that the easement may be forever extinguished. IN WITNESS WHEREOF, the City of South Bend by and through its Board of Public Works has authorized the undersigned to execute this Release of Easement this 14th. day of May, 2024. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member Joseph R. Molnar, Vice President Briana Micou, Member Attest: Theresa M. Heffner, Clerk Date: May 14, 2024 STATE OF INDIANA SS: COUNTY OF ST. JOSEPH Before me, the undersigned, a Notary Public in and for said County and State, this day of M(A 1,1 � 2024, personally appeared Elizabeth Maradik, personally known to me as the President of the South Bend Board of Public Works, the contracting body of the City of South Bend, 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. LAURA D. HENSLEY (SEAL) Notary Public - Seal St Joseph County - State of Indian Commission Number NP0732150 My Commission Expires Mar 3, 2029 My commission expires: r , bd`otary• Public of aunty, This instrument was prepared by Michael J. Schmidt, Assistant City Attorney, 1200 S. County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Michael J. Schmidt. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 4/29/2024 Name: Gemma Stanton Department of Public Works — Engineering Division BPW Date: 5/14/2024 Phone Extension: 9083 Required Prior to Submittal to Board BPW Attorney X Attorney Name Michael Schmidt Dept. Attorney ❑ Attorney Name Purchasing ❑ 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 F1 Other: Easement release n Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Special Contract Provisions Purpose/Description LJ Yes L ❑ No ❑ MBE ❑ WBE N/A Information If Yes, Approved by Purchasing Completed E-Verify Form Attached ❑ Yes ❑ No Release of 4 historic easements for 4401 S Michigan St. No longer needed due to relocation of sanitary sewer main. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Current Percent of Change New Amount Increase Decrease Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: