Loading...
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 a" 6Aie,sAP,1 s• Bo 2r �rJ t_1 '• - •` �b`�G - -ubllc an Resident of 5�:�Tosph� l�o:tyl, India My Commission Expires: •'q..,,t .� x -2- 01 so I $itz Plan for: CALVARY TEMH F PARKING Lo-r ;TREET & 4H1PPE WA AVENUE Z� GRAPHIC SCALC 1"'20' O 20 � 40 60 i rj�n 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: mi v I 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 . 9 0 ' • � � N I 2' II 167.0' .2. — 2 0 5'D Screen Hedge � _ 1r I Qralnage Noles: uJ �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 rn I III rllnlr FFFT