HomeMy WebLinkAbout#1056- Deed; easement and ROW - From Smith-Dog & Suds Restaurant at Edison Rd. & S.R. 23 (sewer)BOOK 832 :,,AGE '74
MAY 2 197 - 7
Equipment Company Bid was, signed by ArL-.hur G. Wilson, Jr.
olis, Indiana non-coll�,ision affidavit was in order
and a IWI bid bonO was submitted_
Bid - Tandem Roller - Net $17,051.00
(_�l'PRML Or EIASJ�MENT AND SIGNING OF TITLE SHEET FOR DOG AND SUDS SEWER
14r. 11cMahon advised the Board that the Dog and Suds Restaurant
at Edison Road and S.R. 23 in South Bend is planning to install a
private sewer at their location. In coyinec:tion with this project,
the owner has conveyed to the City of South Bend a porrianent
easement and right-of-way. The executed Easemcant and Right -of -Way
Agreement was subnit-ted to the Board. Upon motion made by Mr. McMahon,
seconded by Mr. Mullen and carried, the Easement and Right -of -Way
Agreement from Ferne E. Smith for the Dog and Suds Restaurant was
approved by the Board and will be recorded. The title sheet approving
the plans for the sewer were submitted to the Board. Mr. McMahon
noted that the construction will be done in (accordance with all
City specifications but paid for by the developer. Upon motion made
by Mr. McMahon, seconded by mr. Mullen and carried, the title sheet
approving the plans for the construction of the Dog and Suds sewer
was approved.
TRAFFIC CONTRAL DEVICES APPROVED
Ralph J. Wadzin ski, Manager of the Bureau of Traffic and Lighting,
submitted to the Board the following recommendations for traffic
control devices:
A. No Turn on Red at Sample and Sheridan, a newly signalized
intersection. Upon motion made by Mr. McMahon, seconded by Mr.
Mullen and carried, the installation was approved.
B. No Parking, cast side of Sheridan from Sample to the first east -
west alley north of Sample at a newly signalized intersection.
Upon motion made by Mr. McMahon, seconded by Mr. 11ullen and
carried the installation was approved.
C. No Parking, south side of Western, from olive to a point 125'
east of Olive. Upon motion made by Mr. McMahon, seconded by
Mr. Mullen and carried, the installation was approved.
D. No Turn on Red, Portage, Tgoodlawn, Wilbur and Hamilton, at a
newly signalized intersection. Upon motion made by Mr. McMahon,
seconded by Mr. Brunner and carried, the installation was approved.
E. No Parking, Portage-Woodlawn-Tgilbur-Ilai,,iil,.ton, at a newly
signalized intersection. Upon motion made by Mr. McMahon,
seconded by Mr. Mullen and carried, the installation was approved.
STREET LIGHT INSTALLATIONS APPROVED
Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting,
recommended installation of the following street lights:
On Dorothy, ),, bloc), south of Ewing, 7,000L DIV $4.80/mo.
on Ewing, midblock between Glen and Brookfield, 7,OOOL PIV $4.80/nio.
On Cedar, midblock between Notre Dame and Frances, 7,000L M $4.80/rio.
On Provincial at Colonial, 7,OOOL MV $4,80/no.
On Huron, 31 block west of Camden, 7,OOOL MV $4,80/mo.
On Keller, 31 block west of Adams, 7,000L MV $4.80/rio.
Co.
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CITY o'f SOUTH BEND
PETER J. NEMETH, Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
BOARD OF PUBLIC WORKS
Patrick M, McMahon, P.E., President
Thomas J. Brunner, Jr.
Peter H. Mullen
STATE OF INDIANA
COUNTY OF ST. JOSEPH
SS:
219/284-9412
I, Patricia DeClercq, Clerk of the Board of Public Works
of the City of South Bend, County of St. Joseph, Indiana
hereby certify that the attached and foregoing is a full,
true, complete and correct copy of
Minutes of the Board of Public Works meeting with reference
to Approval of an Easement and Right -of -Way for the
Dog and Suds Restaurant Sewer under date of May 2, 1977
the originals of which are now on file in the Office of the
Cletk of the Board of Public Works of the City of South Bend,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official Seal of the Board of Public Works of the City
of South Bend, St. Joseph County, Indiana, this 6th day of
May, 1977.
#
Patricia DeClercq
Clerk of the Board of Public Works
City of South Bend
4, 'A, ✓
U di
JX
boom 832 ?Aft 73
EASEMENT AND RIGHT-OF-WAY
In consideration of the sum of
'
. .
832�J�����
. �.
Dollars cash in hand paid, receipt whereof is
hereby acknowl edged, the undersi gned hereby grant, bargai n, sel 1 , convey,
transfer, deliver unto the 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, 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 replacing and/or renewing such sewer or other facilities for all purposes
whatsoever, including but not by way of limitation, drainage structures for
both sanitary and storm sewer ground embraced within the right-of-way herein-
after described, which is located within the boundaries of u tract or parcel
of land situated in the County of St. Joseph, State of Indiana, briefly
described as follows:
A 14 foot strip of land, 7feet either side ofaline described as beginning
at the intersection of the centerline of the 14 foot East—West alley hotnnem
Lots 3 and 4 of the Plat of the Town of ScbrnmlerviIle, with the East line of
the North —South alley g East of said Lots I and 4, all being a Dart of the
City of South Bend, Indiana; thence running East aImzig'the Easterly projection
of^6be 8mftir1ine'6f maid,'Ee6t-�Wast alley a'dlstmnce of 200 feet, said point
being the point of termination of said easement.
�
To 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
And the said Grantors hereby covenant with the Civil City of
South Bend, Indiana, that they are lawfully seized and possessed of the
afnredescribed tract or parcel of |an(Jx that they have a good and law-
ful 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 ull 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 data.
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.
Dated this ~29dny of April , 1977
Signed
Title
Signed
Title
Signed
Title
vJ
ST. JUS[PH COUNTY
) SS:
STATE OF IN8IANA )
Befmre me` a Notary Public, io and for maid Cnuuty and 3tat�.
~ who acknowledged the exeoutJon of the abuve
and forego irig iostrument and right-of~woy as �� _frce ond voluntary
act and dcx�d this 29 day of April#44*1977
My comisyion expires -
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a~�u m u�~='� ��u�r
BOARD OF PUBLIC WORKS