HomeMy WebLinkAbout#1245- Deed; EASEMENT from South Bend Gospel Tabernacle, Inc. to City of South Bend - RE, Zoning variance for the Southeast corner of Chippewa and Michigan Streets.EASEMENT from South Bend Gospel
Tabernacle, Inc. to City of South
Bend - RE: Zoning variance for
the Southeast corner of Chippewa
and Michigan Streets.
(SEE EASEMENT)
CITY of SOUTH BEND
ROGER O. PARENT. Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46501
BOARD Or PUBLIC WORKS
Patrick M. McMahon, P E., Prosidenl
Richard L. Hill
Joseph E. Korman
Mr. Richard W . Morgan
Sixth Floor
First Bank Building
South Bend, Indiana 46601
Dear Mr. Morgan:
March 6, 1930
Enclosed are two copies of the easement from South
Bend Gospel Tabernacle, Inc. in regard to a zoning
variance for the Southeast corner. of Chippewa and
Michigan Streets. The easement has now been recorded
and the two copies are for your records.
Very truly fours,
BOARD OF PUBLIC WORKS
Barbara J. Byers, Clef
BJBIrmm
Enclosures (2 )
219/234-9412
feet to the Northwest corner of said LotNumbered
38, which is also the Southwest corner of said
Lot !cumbered 37; thence Northeasterly, along the
Westerly line of said Lot Numbered 37 and Lot
Lettered A, to the place of beginning.
The specific location of this easement is shown on the attached
drawing marked "Exhibit A".
F—POWWW,
P
s R�CIPT
N° 5-4034
So th Bend, nd.,
19 [�
Received of
NO. AMOUNT
[ DEEDS
MORTGAGES
MECHANICS LIENS
U.C.C. FILING
[ RELEASES
ASSIGNMENTS
POWERS OF ATTORNEY
[ ART. OF INCORP.
PLATS [
MARGINAL RELEASES [
MARGINAL ASSIGNMENTS [
` MISCELLANEOUS [
COPIES OF THE FOLLOWING:
DEED - Bk. & Pg. [
MTG. - Bk. & Pg. [
[ Bk. & Pg. [
[ Bk. & Pg. [
Bk. & Pg. [
Bk. & Pg. [
-ILL, DEAHL, HARMAN, CAREY
ATTORNEYS AT LAW
.I%TH FLOOR, FIRST BANK BUILDING
UTH BEND, INDIANA 46601
TELEPHONE (219) 233-1171
CAur ADDR855 'THORNGILDE'
:ant
3601
6) O I [1
& MURIiNY
:; ;Fier nl: ,
305 FIRST NATIONAL BANK BIIILDINf.�
ELKHART, INDIANA 46514
219 293-0681
1200 EIGHTEENTH STREET, N.W.
WASHINGTON, D.C. 20036
202 331.9585
February 5, 1980
� POSTAGE [
TOTAL �; U =nd Gospel Tabernacle, Inc.
lariance for Southeast Corner
CHECK $ Dewa and Michigan Streets
CASH I--- $
REFUND $
Auguit -9 C,00renzan to enclose herewith an Easement from
- — ST, JOSEPH COUNTY RECORDER rnacle, Inc . to the City of South Bend
nance, repair, etc., storm water reten-
tion facilities across the northern 25 feet of the Church's
property at the above -captioned location. This is in satis-
faction of the original request by the City for such an ease-
ment in connection with the approval of the site plan and
zoning variance. Should you have any questions regarding the
enclosure, do not hesitate to contact me.
'4
Very truly yours,
THORNBURG, McGILL, DEAHL,
HARMAN, CAREY & MURRAY
Richard W. Morgan
RUIM : j j
Enc1.
cc: Rev. Lee V. Lebsack
--- _ - .� 100 We L. .150
.feet to the Northwest corner of said Lot ;Numbered
38, which is also the Southwest corner of said
Lot Numbered 37; thence Northeasterly, along the
Westerly line of said Lot Numbered 37 and Lot
Lettered A, to the place of beginning.
The specific location of this easement is shown on the attached
drawing marked "Exhibit A".
PP PP_
JAhl -5 P. THORNBURG
WARRRN E. McGILL
WARREN A. DBAHL
JOHN L. CAREY
TkIOMAS L. MURRAY
WILLIAMJ, REINKE
EDWARDJ. GRAY
JOHN R. HARMAN
RICHARD M. TRECKELO
DANIEL W. RUDY
JACK C. DUNFEE, JR.
BRUCE R. 13ANCROFT
JOHN T. MULVIHILL
SAMUEL S. THOMPSON
JAMEs R. BYRON
RICHARD B. URDA, JR.
J. ROBERT STOLL
LAWRENCE C. DLNARDO
LISA A. WEILAND
ITHORNBURG, MCGim-, DEAHL, HARMAN, CAREY
FRANKLIN A. MORSB 11 ATTORNEYS AT LAW
STEPHEN A. SEALL SIXTH FLOOR, FIRST BANK BUILDING
GORDON S. ESLICK
RICHARD E. STEINBRONN
FREDBRICK F- THORNBURG
JOHN A. BURGESS
R. MICHAEL PARKER
NFLSON J. VOGEL. JR.
ROGER W BYNKO
DAVID R- MELTON
BRIAN J. LAKE
RICHARD W. MORGAN
DAVID A. HAIST
JERRY T. GORMAN
JAMES E. MCMAHON
ERNESTJ. SXARWARY
PAUL E. BECHER
THOMAS L. SCHOAP
SOUTH BEND, INDIANA 46601
T13LEPHO NE (219) 233.1171
CABLE ADDRESS "THORNGILDE"
Mr. David Wells, Assistant
City Engineer
City of South Bend
Engineering Department
County -City Building
South Bend, Indiana 46601
D) ElfE Cal i
& MUR'AA`Y
U if30
305 FIRST NATIONAL BANK BUILDfoc.1
ELKHART, INDIANA 46514
219 293-0681
1200 EIGHTRENTH STREBT, N. W.
WASHINGTON, D.C. 20036
202 331.8385
February 5, 1980
Re: South Bend Gospel Tabernacle, Inc.
Zoning Variance for Southeast Corner
of Chippewa and Ilichigan Streets
Dear Mr. Wells:
I am pleased to enclose herewith an Easement from
South Bend Gospel Tabernacle, Inc. to the City of South Bend
for purposes of maintenance, repair, etc., storm water reten-
tion facilities across the northern 25 feet of the Church's
property at the above --captioned location. This is in satis-
faction of the original request by the City for such an ease-
ment in connection with the approval of the site plan and
zoning variance. Should you have any questions regarding the
enclosure, do not hesitate to contact me.
Very truly yours,
THORNBURG, McGILL, DEAHL,
HARI•IAN, CAREY & MURRAY
Richard W. Morgan
RulM : J J
Encl.
cc: Rev. Lee V. Lebsack
A 017 t11
West 150
a Lj_ feet to the Northwest corner of said Lot Numbered
38, which is also the Southwest corner of said
Lot Numbered 37; thence Northeasterly, along the
Westerly line of said Lot Numbered 37 and Lot
Lettered A. to the place of beginning.
The specific location of this easement is shown on the attached
drawing marked "Exhibit A".
r, ar.F�w #/.1 y.S
r�
00
EASEMENT
In consideration of the sum of Ten ($10.00) Dollars cash
in hand paid, receipt of which is hereby acknowledged, the undersigned
hereby grant to the City of South Bend an easement for the following
Purposes: The right to enter upon the land described below and grade,
level, fill, maintain and repair storm water retention facilities
embraced within the easement as may be reasonably necessary for both
sanitary and storm sewer purposes. The duration of the easement
shall continue until such time as the Grantors or their successors
or assigns deliver to the City of South Bend an easement granting
the City other land or additional facilities adequate to replace
this easement, which land or other facilities shall provide storm
water retention facilities which conform to the then existing building
code of the City of South Bend and which constitute a reasonable
replacement for this easement.
This easement is located within the following described
property:
A strip of land twenty-five (25) feet in -width
taken off of the entire north end located at:
A part of Lot Lettered A, all of Lot Numbered 37
and a part of Lot Numbered 38 as shown on the
recorded Second Plat of Chippewa Heights, now a
part of the City of South Bend, which part of
said lots is described as follows: Beginning
at a point on the Westerly line of said Lot
Lettered A, 11 feet Southwesterly from the North-
west corner of said lot; thence East, on a line
parallel to the North line of said Lot Lettered
A, a distance of 317.88 feet, more or less, to
a point on the East line of said lot, 11 feet
South of the Northeast corner thereof; thence
South, along the East line of said Lot Lettered
A and Lots Numbered 37 and 38 a distance of
128 feet to the Southeast corner of said Lot
Numbered 38; thence West, along the South line
of said Lot Numbered 38, to a point 150 feet
East of the Southwest corner of said lot; thence
« +�. Northerly, on a line parallel with the West line
of = a3 d 3 of , zi clis Gancc o.v 50 Peet to the North
Uric of said LoL Numbered 38; thence W-st a50
4 feet to the Northwest corner of said Lot Numbered
38, which is also the Southwest corner of said
Lot Numbered 37; thence Northeasterly, along the
Westerly line of said Lot Numbered 37 and Lot
Lettered A, to the place of beginning.
The specific location of this easement is shown on the attached
drawing marked "Exhibit All.
The Grantors hereby covenant that they are lawfully
seized and possessed of the aforesaid tract of land; that they have
a good and lawful right to sell and convey; that it is free from all
encumbrances except mortgages; that they will warrant and forever
defend the title in quiet possession thereto against the lawful
claims of all persons whomsoever; and that they and/or their suc-
cessors, agents, contractors or assigns warrant that they will not
engage in or authorize any construction or activity of any nature
now or in the future which will inhibit, disturb, or deny the stated
purpose for which the land is to be used.
The Grantors..acknowledge that this easement is given in
exchange for the further consideration of reduced storm water re-
tention drywell requirements.
SOUTH BEND GOSPEL TABERNACLE, INC.,
an Indiana Not -for -Profit Corporation
By
Rev. Lee r'V. Lebsack
ATT T. r
Mi!c ael C1, we , Secreta� y
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY }
Before me, a Notary Public in and for said county and
state personally appeared Rev. Lee V. Lebsack and Michael Clewell,
President and Secretary respectively of South Bend Gospel Tabernacle,
Inc. and said persons for and on behalf of said corporation acknow-
ledged the execution of the above and foregoing Easement.
Witness my hand and official seal this 23 day of January
197 9 - "'wb
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6Aie,sAP,1 s• Bo 2r �rJ t_1 '• - •` �b`�G - -ubllc an
Resident of 5�:�Tosph� l�o:tyl, India
My Commission Expires:
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CALVARY TEMH F PARKING Lo-r
;TREET & 4H1PPE WA AVENUE
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GRAPHIC SCALC 1"'20'
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WN 3 4 5 6 7 B 9 10 II 12 13 14 i5 16 17 IB 19 20 21 22 23 24 25 Q26 27 20 23 30 ]I_-
., M ai I N01e:
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Ek1571NG ALLEY
O fO BE PAVED TO
i rn A 23 WIDTH-
51 I % _
a3 44 a5 �6 47 4B A9 50 SI 52 53 54 5S 56 STN 58 59 60 61 62 i� Z
1: 32 33 34 N 35 136 137 38 39 , 40 41 a2 }-
1 jII ij, Lam-- =� - - - - — Ld
_ 154.01�
I - Screen Hedge-.- 1 63 6a 6t5.6 67 68 69 70 71 72N' 73 7a 75 76 77 76 79
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167.0' .2. —
2 0 5'D Screen Hedge � _
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Qralnage Noles:
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�9 -2 • . PAVED AREA INCLUDING DRIVE- 28,2516.
• CITY STANDARDS REQUIRE RETENTION OF STORM
WATER AT 30 GALLONS PER 100 Sq. FI. OF
TYPICAL SECTION OF RETENTION SWALE COVERED OR PAVED AREA.
SCALE' I� 2'•-0 . STORM WATER TO GE RETAINED — 8,475 GALLONS
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