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HomeMy WebLinkAbout#889- Deed; Easement and ROW - From Welsheimer to City of South Bend- 5' easement E of and adjacent to the E right-of-way line of the Chapin St. Inner Belt along the full length of Lot 18 of Francis L. Keefer's Sub. Of Bank Out Lots 29&30EXHIBIT A EASEMENT AND RIGHT-OF-WAY In consideration of the sum of One Dol Tars cash in hand paid, receipt whereof is hereby acknowledged, the, undersigned hereby grant, bargain, sell, convey,,,,,�rahsfer, deliver unto,thWCivil City of South Bend, a permanent easement and right-of-way, for the following purposes$ namely: the right to enter upon the hereinafter described land and grade, level, fill, drain, pave, build, maintain, repair, and rebuild roads, streets, highways, together with such bridges, culverts, ramps, and cuts as may be necessary, on, over, and across the ground embraced within the right-of-way hereinafter described, further a permanent easement and right-of-way line, including the perpetual right thereupon the real estate hereinafter described, at any time that it may see fit for the purpose of constructing, maintaining and repairing, installing and renewing any water, sewer, and other utility facilities, whether used in conjunction with general street purposes, or for the sole purpose of constructing, maintaining" installing, repairing and re- placing and/or renewing such sewer or other facilities for all purposes what- soever, including but not by way of limitation, drainage structures for both sanitary and storm sewer ground embraced within the right-of-way hereinafter described, which is located within the boundaries of a tract or parcel of land situated in the County of St. Joseph, State of Indiana, briefly described as � � follows: A five foot wide easement East of and adjacent to the Easterly Right-of-way line of the Chapin Street Inner Belt along the full length of Lot No. 18 of Francis L. Keafer/s Subdivision of Bank Out Lots 29 and 30. The Easement Agreement will pertain to Lot No. 18 of Francis L. Keefer"x Subdivision of Bonk out Lots 29 and 30, only for right of entry by the City of South Bend for fence maintenance. To have and to hold the said easement and right-of-way unto the Civil City of South 8end, Indiana, and unto its successors and assigns f6rever. And the said Grantors hereby covenant with the Civil City of South Bend, Indiana, that they are lawfully seized and possessed of the afore described tract or parcel of land; that they have a good and lawful right to sell and convey; that it is free from all encumbrances; and that they will warrant and forever defend the title in quiet possession thereto against the lawful claims of all persons whomsoever. And as a further consideration for the payment of the purchase ME � whatsoever cause, incidental to the exercise of any of the rights_ herein_gran~� ^ � xen" from the beginning of the world until this date. It is understood °� ^ and agreed by the parties hereto, that wherever in the instrument �f^ ^ the singular number is used, it will be read as plural, if and when necessary" and that wherever words of neuter gender are employed, they will likewise apply to the masculine gender, whenever the contract requires. IN WITNESS WHEREOF the parties have hereunto set their hands and seals this 1976, day of ST. JOSEPH COUNTY } SS: STATE OF INDIANA Before me, u Notary Public, in and for said County and State, personally appeure who acknowledges the execution of the above and foregoing instrument and right- of-way as free and voluntary act and deed this ay of 1976. Notary Public � ~� \ \b l / /d / 922 RE\\22«E �G°. ► I �,U EASEMENT AND RIGHT-OF-WAY In consideration of the sum of One Dollars cash in hand paid, receipt whereof is hereby acknowledged, the undersigned herebygrant, bargain, sell, convey ,,'trahsfer, deliver untolthd Civil City of South Bend, a permanent easement and right-of-way, for the following purposes, namely: the right to enter upon the hereinafter described land and grade, level, fill, drain, pave, build, maintain, repair, and rebuild roads, streets, highways, together with such bridges, culverts, ramps, and cuts as may be necessary, on, over, and across the ground embraced within the right-of-way hereinafter described, further a permanent easement and right-of-way line, including the perpetual right thereupon the real estate hereinafter described, at any time that it may see fit for the purpose of constructing, maintaining and repairing, installing and renewing any water, sewer, and other utility facilities, whether used in conjunction with general street purposes, or for the sole purpose of constructing, maintaining, installing, repairing and re- placing and/or renewing such sewer or other facilities for all purposes what- soever, including but not by way of limitation, drainage structures for both sanitary and storm sewer ground embraced within the right-of-way hereinafter described, which is located within the boundaries of a tract or parcel of land situated in the County of St. Joseph, State of Indiana, briefly described as f follows: A five foot wide easement East of and adjacent to the Easterly Right-of-way line of the Chapin Street Inner Belt along the full length of Lot No. 18 of Francis L. Keefer's Subdivision of Bank Out Lots 29 and 30. The Easement Agreement will pertain to Lot No. 18 of Francis L. Keefer's Subdivision of Bank Out Lots 29 and 30, only for right of entry by the City of South Bend for fence maintenance. 'co have and to hold the said easement and right-of-way unto the Civil City of South Bend, Indiana, and unto its successors and assigns forever. And the said Grantors hereby covenant with the Civil City of South Bend, Indiana, that they are lawfully seized and possessed of the afore described tract or parcel of land; that they have a good and lawful right to sell and convey; that it is free from all encumbrances; and that they will warrant and forever defend the title in quiet possession thereto against the lawful claims of all persons whomsoever. And as a further consideration for the payment of the purchase price, above stated, the Grantors hereby release all claims for damage, from IRPFF/F V whatsoever cause, incidental to the exercise of any of the rights herein granted, from the beginning'of the world until this date. It is understood and agreed by the parties hereto, that wherever in the foregoing instrument the singular number is used, it will be read as plural, if and when necessary, and that wherever words of neuter gender are employed, they will likewise apply to the masculine gender, whenever the contract requires. IN WITNESS WHEREOF the parties have hereunto set their hands and seals this �j day of 1976. Ll ST. JOSEPH COUNTY ) SS: STATE OF INDIANA ) Before me, a Notary Public, in and for said County and State, personally appeared �e✓�.c�L'e'r r' r,__, �/ �°. ,x", 1,U° who acknowledges the execution of the above and foregoing instrument and right- of-way as free and voluntary act and deed this /,3 day of f ���, 1976. Notary Public ` Nay pan Expires: p h- ,j Y GOOK 813 r'AGE �1 WHEXLR62 L)d6e" and tablished a valuation for the property; WHEREAS, said property valued by the Board is less than One Thousand ($1,000) Dollars; and to Ordinance No. 5387, Section 30A-2(d) WHEREAS, pursuant to sell at private sale, without notice, the Board is empowered such property at least at the sum of the evaluation; and WHEREAS, the offer of the Buyer in the amount of Nine Hundred ($900.00) Dollars was offered and accepted as the best offer for said property is arreed by and between the parties here - NOW THEREFORE, it to, and for and in consideration of the premises and the mutual covenants herein contained, as follows: 1. City agrees to sell and Buyer agrees to buy: A tract of land in the Northeast Quarter (1/4) ven .r secbj_on ElevenTownship ThlvtY-Se North, Range Two Aa*t (11-T37N-R2E), described to wit: Commencing at a point seven feet (71) west Of the southeast corner of Lot Seventeen (17) of Francis L. Keefer's Subdivision of Bank out Lot 29 & 30 of State Bank 1st Addition; thence, due west to the easterly right-of-way line of the Innerbelt (Chapin Street); thence in a north- easterly direction along said right-of-way line to a point on the north line of Lot Eighteen of Keefer's Subdivision of Bank out Lots 29 & 30; thence, due east to a point seven feet (7') west of the northeast corner of Lot Seventeen (17) of Keefer's Subdivision of Bank out Lots 29 & 30; thence south to the pointStJos ephcommencementCounty, All in Portage Townshipo .of Indiana. 2. Buyer agrees to pay the purchase price in full at the time of closing. 3. Buyer agrees to pay all title and abstract costs in- volved in said transaction whichtheyshall desire or request. 14. At the time of closing and after a submission of a receipt for the total purchase price has been submitted by the Controller to the Board of Public Works, the Board shall cause a Quit -Claim Deed to be prepared, which deed shall be signed by the Mayor and attested to by the City Clerk with the Seal of the City affixed. 5. The buyer hereby grants an easement and right-of-way as evidence by "Exhibit All attached hereto and enclosed herein. 6. It is expressly agreed that all terms and conditions of this contract are included herein, and no verbal agreements of any kind shall upon on the parties, and this contract ., shall be binding upon all parties hereto, their heirs, adminis- trators, executors, successors, and assigns. SOUTH)dOLD HERITAGE FOUNDATION, INC. By: W liam 1wdelshheime ?residen n o s . i ce-Pres �dqnt Dempsey C9 "V c e n I /?,.? Mrs. J n E. Noble, Secretary V I ni, ed C ulf, easurer ATTEST: CITY OF SOUTH BEND BY ITS AT' E T: 7, attic Board c 30; thence, due east to a point seven t*eet west of the northeast corner of Lot Seventeen (17) of Keefer's Subdivision of Bank Out Lots 29 & 30; thence south to the point of commencement. All in Portage Township, St. Joseph County, Indiana. qvj,� "LIIV6/ V, CITY of SOUTH BEND PETER J. NEMETH, Mayor COUNTY -CITY BUILDING SOUTH SEND, INDIANA 46601 P /IVDIAIAN ind, Sr., P,E. Reply To: BOARD 0 c Works PUBLIC WORKS March 10, 1976 Mr. William Welsheimer, President Southold Heritage Foundation 620 West Washington Street South Bend, Indiana Dear Mr. welsheimer: A deed to the property at the northeast corner of Colfax Avenue and the Innerbelt has now been prepared. Upon receipt of the purchase price of $900.00 in this office, the deed to the property will be transmitted to you. PDC/mp Very truly yours, BOARD OF PUBLIC WORKS Patricia Declercq, Clerk Commencing al, a p—lu ­v­ ---- , the southeast corner of Lot Seventeen (17) of Francis L. Reefer's Subdivision of Bank Out Lot 29 & 30 of State Bank lst Addition; thence, due west to the easterly right-of-way line of the Innerbelt (Chapin Street); thence in a north- easterly direction along said right-of-way line to a point on the north line of Lot Eighteen (18) of Reefer's Subdivision of Bank Out Lots 29 & 30; thence, due east to a point seven feet (7') west of the northeast corner of Lot Seventeen (17) of Keefer's Subdivision of Bank Out Lots 29 & 30; thence south to the point of commencement. All in Portage Township, St. Joseph County, Indiana. PURCHASE AGREEMENT THIS AGREEMENT entered into this day of by and between SOUTH#LD HERITAGE FOUNDATION, INC. herein - `ter referred to as Buyer, and the CIVIL CITY OF SOUTH BEND, a micipal corporation of the State of Indiana, hereinafter referred to as City. WITNESSETH: WHEREAS, Ordinance No. 5387-72 establishes the procedures for the disposition and rental of real property owned by the City of South Bend; and WHEREAS., the Board of Public Works is empowered to carry out the provisions of said ordinance; and WHEREAS, the Board has determined that certain real property owned by the City of South Bend is no longer necessary for the public use; and WHEREAS, the Board has adopted by Resolution declaring par- ticular parcels of real property as excess and available for disposition, and same have been submitted to the Common Council for its consideration and have been deemed conclusive; and WHEREAS, the Board appointed two (2) licensed Independent appraisers who have appraised the particular real property; and WHEREAS, based upon the appraisals submitted, the Board es- tablished a valuation for the property; and WHEREAS, said property valued by the Board is less than One Thousand ($1,000) Dollars; and WHEREAS, pursuant to Ordinance No. 5387, Section 30A-2(d) the Board is empowered to sell at private sale, without notice, such property at least at the sum of the evaluation; and WHEREAS, the offer of the Buyer in the amount of Nine Hundred ($900.00) Dollars was offered and accepted as the best offer for said property. HOW THEREFORE, it is agreed by and between the parties here- to, and for and in consideration of the premises and the mutual covenants herein contained, as follows: 1. City agrees to sell and Buyer agrees to buy: A tract of land In the Northeast Quarter (1/4) of Section Eleven, Township Thirty -Seven North, Range Two East (11-T37N-R2E), described to wit: Commencing at a point seven feet (7') west of the southeast corner of Lot Seventeen (17) of Francis L. Keefer's Subdivision of Bank Out Lot 29 & 30 of State Bank lst Addition; thence, due west to the easterly right-of-way line of the Innerbelt (Chapin Street); thence in a north- easterly direction along said right-of-way line to a point on the north line of Lot Eighteen (18) of Keefer's Subdivision of Bank Out Lots 29 & 30; thence, due east to a point seven feet (7') west of the northeast corner of Lot Seventeen (17) of Keefer's Subdivision of Bank Out Lots 29 & 30; thence south to the point of commencement. All in Portage Township, St. Joseph County, Indiana. 2. Buyer agrees to pay the purchase price in full at the a of closing. 3. Buyer agrees to pay all title and abstract costs in- volved in said transaction whichtheyshall desire or request. 4. At the time of closing and after a submission of a receipt for the total purchase price has been submitted by the Controller to the Board of Public Idorks, the Board shall cause a Quit -Claim Deed to be prepared, which deed shall be signed by the Mayor and attested to by the City Clerk with the Seal of the City affixed. 5. The buyer hereby grants an easement and right-of-way as evidence by "Exhibit All attached hereto and enclosed herein. 6. It is expressly agreed that all terms and conditions of this contract are included herein, and no verbal agreements of any kind shall be binding upon the parties, and this contract shall be binding upon all parties hereto, their heirs, adminis- trators, executors, successors, and assigns. SOUTH�OLD HERITAGE FOUNDATION, INC. ATTEST: CITY OF SOUTH BEND BY ITS ATT P atricia DeClercq, ClerkU- Board of Public Works EXHIBIT A , 4�U RI )nsideration of the sum of Dollars in hand paid, receipt whereof is hereby acknowledged, the undersigned y grant, bargain, sell, convey, transfer, deliver unto the Civil City of Bend, a permanent easement and right-of-way, for the following purposes, namely: the right toenter upon the hereinafter described land and grade, level, fill, drain, pave, build, maintain, repair, and rebuild roads, streets, highways, together with such bridges, culverts, ramps, and cuts as may he � � necessary, on, over, and across the ground embraced within the right-of-way hereinafter described, further a permanent easement and right-of-way line, including the perpetual right thereupon the real estate hereinafter described, at any time that it may see fit for the purpose of constructing, maintaining and repairing, installing and renewing any water, sewer, and other utility facilities, whether used in conjunction with general street purposes, or for the sole purpose of constructing, maintaining, installing, repairing and re- placing and/or renewing such sewer or other facilities for all purposes what- soever, including but not by way of limitation, drainage structures fn,`both ~~=`�� sanitary and storm sewer ground embraced within the right-of-way hereinafter described, which is located within the boundaries of a tract or parcel of land situated in the County of 3t, Joseph, State of Indiana, briefly described as follows: A five foot wide easement East of and adjacent to the Easterly Right-of-way lino of the Chapin Street Inner Belt along the full length of Lot No. lB of Francis L. Keefer's Subdivision of Bank Out Lots 29 and 30. The Easement Agreement will pertain to Lot No, 18 of Francis L. Keefer's Subdivision of Bank Out Lots 20 and 30, only for right of entry by the City of South Bend for fence maintenance. To have and to hold the said easement and right-of-way unto the Civil City of South Bend, Indiepa" and unto its successors and assigns fdrever. And the said Grantors hereby covenant with the Civil City of South Bend, Indiana, that they are lawfully seized and possessed of the afore described tract or parcel of land; that they have a good and lawful right to sell and convey; that it is free from all encumbrances; and that they will warrant and forever defend the title in quiet possession thereto against the lawful claims of all persons whomsoever. And as a further consideration for the payment of the purchase . . price, above stated, the Grantors hereby release all claims for damage, from � ` ' whatsoever cause, incidental to the exercise of any of the rights herein granted, from the beginning of -the world until this date. It is understood and agreed by the parties hereto, that wherever in the foregoing instrument the singular number is used, it will be, read as plural, if and when necessary, and that wherever words of neuter gender are employed, they will likewise apply to the masculine gender, whenever the contract requires. IN WITNESS WHEREOF the parties have hereunto set their hands and seals this ay of ° 1976. 3T. JOSEPH COUNTY / ux; STATE OF INDIANA Before me, a Notary Public, in and for said County and State, personally appeared who acknowledges the execution of the above and foregoing instrument and right- of-way as free and voluntary act and deed this of 1976. Notary Public r4y Commission Expires: OFFERING SHEET LEGAL DESCRIPTION STREET ADDRESS A tract of land in the Northeast Quarter Northeast corner of Colfax (k) of Section Eleven, Township Thirty -Seven and Innerbelt North, Range Two East (11-T37N-R2E), described to -wit: Commencing at a point seven feet (P) west of the southeast corner of Lot Seventeen (17) of Francis L. Keefer's Subdivision of Bank Out Lot 29 & 30 of State Bank lst Addition; thence, due west to the easterly right-of-way line of the Innerbelt (Chapin Street); thence in a north- easterly direction along said right-of-way line to a point on the north line of Lot Eighteen (18) of Keefer's Subdivision of Bank Out Lots 29 & 30; thence, due east to a point seven feet (P) west of the northeast corner of Lot Seventeen (17) of Keefer's Subdivision of Bank Out Lots 29 & 30; thence south to the point of commencement. All in Portage Township, St. Joseph County, Indiana. Zoning: B-Residential Improvements: Sewer and water Key Number: 4-01-18/26-1137 Lot Size: 79' x 198' OFFERING PRICE - $900.00 foil 544 NO 1"HIS' TNY).CNT�JRE wiLnOsseth th�,�t S w i t � 1,q A 1, D P, , Pal. I I'") and rAmmm a, OMDUI and JUDITH MMO, Un wjt ,t, jo,,j� A.)! hO Statc of Indiana cwwey and wrron a thy CIre 111arj,c.-'q.DaI County, SLate of indhana, for alul Am consideration of CMc Dalla,,r 0;';l-0()) and other good and valuable Mnsidoratiw4 top rec,ig Miereof is hereby acknowledyad, the following Real Estate in IQ 0 t x,7t):i County, in the Sta� e r,,)c Incdi"InaW tUi Of Lot 7'Tumbcrcd 18 and a lot or parcel land 41 feet in width, East and west, takeri 1 off of the entire length of the West side or t Num-hered 37 and another lot oi- C Lr) A land 25 feeL in widLh, Ezv�it F off of and from the entire of Lhc I side of Lot Numberod 19, all as Niown on tho recorded plat of 1:'.rances L. Kz,,,-.afer's Sub- division of Bank 00-t Lot NO. 2r) and of nrza.-, acre OU of the East side of Bonk Out voit No, 30 of tOe FIrst Plat of 01.tt 1.,ots 30VI-4 a0,P.,D w CitY of South 'end, pl�n�t,a. I - Dank of Indiana; [h,( Also a lot or parcel. of lan(,]. 23 fc;et iin width, East and Wcst, takC'n OfE Cl and from A length of the West side Of LoNfumber(-,�d, .19, M 0-1 Ms another lot or parc& of land 32 Net in widtb, ast and Wey" taken ofj r E O length of the East side of LOt lacer 20t Z111 as shown on the recorded Plat of Frances L, Keefer's Sub -diva s ion Of R--mk, Out Lot Numbei 21) and of one acre off oj-., ist ........... the 1'� s i(j(, hood, "M Ot taut Lot Numbered 3n of the rlr&: pl,t Lots of the Towu, n C)w C --i t; WAY platted by the State Bank of Indiana; QG (Subject to the Fall op. I i installment of the l9q.-, J Q real estate, taxes payable in 1967 and the 1 96 7 JArr I ail M,,',;.,,.u:.ranty Dec -,A - Page 2. taXes :,)68 whic'n L•:he Crantee, is re(jlli?,.-c '.. to i.'Is�iwae, clots he-cl,�;by, assum(..", as of i d, LJon S -igned (.hited tIld-, �A d n y of Harcdci Mc,,cl(.)w �uQen.cv.ic.-!ve Donald B. McdrDwll Sharon Medow Lawreoce J. Judith Mecic)%-: 01," DNDIANA s s, S 1'. rOSEPH COUN111y Defore mCF,� Notary Pujjj.j.C':, in an(:.1 fo,;c tiLjcj-j Cc.qjjjt%,,- MAO stat�:, on, t'!je 0�1," Judy, ap,^,..)eared Fll.�1.-C,,,,Jj,:i arid r YI V LCwrCcti R. Medm','. hiS ,VJ-fel, Don,,,,Cld 3. �Mefl,d J- MOdOVI alld of them ackrlaalc�lqcd tho DC,, 0 d t o br. Lbedr Al, L97o PrIeDared by; Joseph A. Rope]:., 301 3L. Jar-,;cph Bani- f"U'l(lincf, S011tb Bend, Inclial,lFt 46601 MI. PROPERTY ADDRESS PARTS OF LOTS 17 AND 18 KFFFER'S SUBDISION (INNER -BELT PROPERTY) SOUTH BEND, INDIANA LEGAL DESCRIPTION: Parts of Lots 17 and 18 Keefer's Subdivision (Inner Belt Property) SITE ZONING: B-Residential SITE LOT SIZE: 79 x 1981 SITE IMPROVEMENTS: Sewage and Water ASSESSED VALUE: 1140 Land Only ANNUAL R.E. Taxes: $147.76 Wo/e KEY NUMBER: 4-01-18/26 - 1137 Property Description: Rectangular shaped vacant lot located at North East corner Colfax and Inner Belt. Value Estimate: Fair market value being the highest price in terms of money a buyer will offerforproperty being offered in the open market allowing him a reasonable time to buy and to consider the various usages of said property. Comments: This property appraised is located on the corner of two paved streets. The -curving inner belt alters the shape of the property. The excessive traffic and heavy trucking noises are not conducive to residential living. The general character of the neighborhood is declining. Contingent Conditions: No survey has been made and value estimates are being made with- out regard to questions of title boundaries, enroachments, or encumbrances. The value reported is made with the assumption that all assessments are paid and the Property is free and clear of all assessments. Conclusions: It is my final opinion that the cash value of said property as of November 17, 1975 for the reasons given herein is: $700.00 1 certify that I have personally examined the property appraised, and the statements contained in this appraisal, and upon which my personal opinion is expressed here in are true and correct to the best of my knowledge. I further certify that I have no interest in said property, either present or future, and the valuation stated represents my independent opinion free from any commitments. Frederick M. Bohannon, Broker PROPERTY ADDRESS Northeast Corner of Colfax dive. and Innerbelt South Bend, Indiana Legal Description: Zoning: Site Improvement: Assessed Value: Annual R. E. Taxes: Key Number: Site Lot Size: Lot 17 and 17 of Keefer's Subdivision of Bank out lot 29 & 30 State Bank lst Add. B-Residential Streets, sewage, water Land only - $1,140 147.76 wo/E 4-01-18/26-1137 79' x 1981 Property Description: Vacant rectangular lot 791 x 1981 Value Estimate: Fair market value is defined as the highest price in terms of money which a property will bring provided exposed for sale in the open market allowing a reasonable time to find a purchaser who buys with the knowledge of all uses to which it is capable of being used. In view of the facts and factors mentioned and of the investigations and analysis which have been made in connection with this appraisal, it is my opinion that the total fair market value of the real estate as of November 17, 197 is $800.00. Contingent Conditions: It is assumed that the title to the property is good and marketable. No survey has been made and value estimate is given without regards to questions of title boundaries, encroachments, or encumbrances. The value reported herein assumes that all assessments are paid and that the prope is free and clear of such assessments. I certify that I have personally examined the property apprais and that the statements contained in this appraisal and upon whi my opinion is expressed is true and correct to the best of my knowledge. I further certify that I have no present or prosp interest in the described property contained herein and the val tion stated represents my independent opinion free from any commitments. fa , ippral�� e ina R. er Date: /73-