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HomeMy WebLinkAbout#1263- Deed; RELEASE OF RIGHTS AND EASEMENTS TO CONSTRUCT AND MAINTAIN FACILITIES alleys bounded by St. Joseph, Michigan, Washington and Colfax (First Bank,Marriott Project) ....RELEASE OF RIGHTS AND EASEMENTS TO CONSTRLCT AND MAINTAIN FACILITIES RE; alleys bounded by St. Joseph, Michigan_, gashington and Colfax (coTmonly known as the hole") (First Bank/tiarriott Project) a) City of South Bend b) Ind. Eell Telephone Co. (Partial) c r'o-th;7:r'r.+- 7nd.. Public Service Co. d� S , .E ; Beard of Water Works e) indiana & Michigan Electric Co. f) Indiana Cablevision r_ PARTIAL RELEASE OF EASEMENT/�1(03 C6 PE 334 EXCHANGE So. Bend 23-28 RECORD SECTION KNO14 ALL KEEN BY THESE PRESENTS, that for value received, INDIANA BELL TELEPHONE COMPANY, INCORPORATED, Grantee of a certain easement in the real-estate located in Section 12 , Township 36N , Range 2E , E Township of Portage County of St. Joseph State of Indiana, under the terms of a written grant executed by Board of Public works of the City of South Bend , at South Bend , Indiana on May 2, , 19 7/ and recorded in the office of the County Recorder of St. Joseph County, Indiana on May 2 , 19 77 , in Record Miscellaneous 30 Page 129-147 , hereby agrees to and hereby does release said easement in and to that part of real estate as herein described to wit: Lots Three (3) and Four (4) of the Recorded Plat of River Bend Addition to the City of South Bend, Indiana, as recorded in Plat Book 31, Page R in the Office of the Recorder of St. Joseph, County, Indiana. Q c- vl M —; r71 r-! . a o z IN WITNESS WHEREOF, INDIANA BELL TELEPHONE COMPANY, INCORPORATED, has caused this instrument to be executed by it District Manager this 4 day of 5� 7�F/*_j6zF,-c_, 19 670 , at Indianapolis, Indiana. I"1DIANA BELL TELEPHONE COMPANY, INCORPORATED BY State of Indiana) )SS District Manager , T.M. SEARS County of Marion) Personally appear d before me, a Notary Public, in and for said County and State, this /l' day of 19 r,:? , % of the INDIANA BELL TELEPHONE COMPANY, INCORPORATED, and acknowledged the execution of the above instrument as a voluntary act and deed on behalf of said corporation. otaryy Public 4; WM.. L. WERM ND Resides in County My .commi ss ion e xpi This instrument was prepared by H. T_ Sr_hulhnT_ al+n —av NOW, THEF.EFORE, in consideration of the construction of the project by FBT Bancorp, Inc., and Rahn Properties I1, the City releases all rights and easements and agrees never to use in any matter or for any purpose the rights and ease- ments over the following described property in St. Joseph County, Indiana: �� j) r T EXCHANGE So. Bend 23-28 RECORD SECTION A _ PARTIAL RELEASE OF EASEMENT 7�c�3 C6 PE 334 KNO14 ALL MEN BY THESE PRESENTS, that for value received, INDIANA BELL TELEPHONE COMPANY, INCORPORATED, Grantee of a certain easement in the real-estate located in Section 12 Township 36N Range 2E , Township of Portage County of St. Joseph State of Indiana, under the terms of a written grant executed by Board of Public Works of the City of South Bend , at South Bend Indiana on May 2, , 19 77 and recorded in the office of the County Recorder of St. Joseph County, Indiana on May 2 , 19 77 , in Record Miscellaneous 30 , Page 129-147 hereby agrees to and hereby does release said easement in and to that part of real estate as herein described to wit: Lots Three (3) and Four (4) of the Recorded Plat of River Bend Addition to the City of South Bend, Indiana, as recorded in Plat Book 31, Page R in the Office of the Recorder of St. Joseph, County, Indiana. v D �— to c- m —r C3 :�' 12,� (--) � 17 ;23 CJ C=.; p � O � IN WITNESS WHEREOF, INDIANA BELL TELEPHONE COMPANY, INCORPORATED, has caused this instrument to be executed by it District Manager this day of 19_5_�ZD, at Indianapolis, Indiana. I11DIANA BELL TELEPHONE COMPANY, .INCORPORATED �� State of Indiana} BY L )SS District ManagerT.M. SEARS County of Marion) Personally appear d before me, a Notary Public, in and for said County and State, this /!J day of ��1���_�_ 19? j, - of the INDIANA BELL TELEPHONE COMPANY, INCORPORATED, and acknowledged the execution of the above instrument as a voluntary act and deed on behalf of said corporation. _Notary Public VIM. L. WERMUND Count ; •'•. Resides i n y My com,Mjss ion expi re This instrument was prepared by H_ T. Crhiilhnf_ NOW, THEPEFORE, in consideration of the construction of the project by FBT Bancorp, Inc. , and Rahn Properties II , the City releases all rights and easements and agrees never to use in any matter or for any purpose the rights and ease- ments over the following described property in St. Joseph County, Indiana: .ram L� RELEASE OF RIGHTS AND EASEMENTS TO CONSTRUCT AND MAINTAIN FACILITIES OCT 3, uG fj� ' 80 J, FILED r0R RC.I OPD This Release of Rights and Easements, made and entered into as of this `?t-A day of August, 1980, by the City of South Bend, Indiana, a municipal corporation duly organized and existing pursuant to the laws of the State of Indiana (hereinafter referred to as "City"). W I T N E S S E T H: WHEREAS, the City is entitled to the use of easements reserved in Vacation Resolution No. 3419, 1975, as recorded May 2, 1977 in Miscellaneous Record 306 at Pages 129-147 both inclusive, in the office of the Recorder of St. Joseph County, Indiana and as mentioned on the recorded plat of River Bend Addition, Plat Book 31 Page R, which rights -of - way and easements are reserved in the rights -of -way of L former streets and alleys, therein informally vacated; and', WHEREAS, the project known as the First Bank/Marriott Project involving construction by the City and FBT Bancorp, '- Inc. and Rahn Properties II is located on a -portion of the property involved in the above referred to Vacation Resolution No. 3419, 1975; and WHEREAS, said City has no need for the rights and easements reserved to it in said Vacation Resolution per- taining to the portion of the property constituting the First Bank/Marriott Project site; and NOW, THEREFORE, in consideration of the construction of the project by FBT Bancorp, Inc. , and Rahn Properties II , the City releases all rights and easements and agrees nneve-r to use in any matter or for any purpose the rights and ease- ments over the following described property in St. Joseph County, Indiana: Lots three (3) and four (4) of the recorded plat of River Bend Addition to the City of South Bend, Indiana as recorded in Plat Book 31, Page R_ in the office of the Recorder of St. Joseph County, Indiana IN WITNESS WHEREOF, the proper officials have caused this Release of Rights and Easements to Construct and Main - Lain Facilities to be executed as of the date first above written. Attest: � / J Clerk of the Board of Public Works Qa-r6ar , T. 8Yers STATE OF INDIANA ) SS: COUNTY OF ST. JOSEPH ) CITY OF SOUTH BEND AF P B C Gr0 S k M. McMahon Richar L. Hill b seph E. Kernan Personally appeared before me, a Notary Public for said County and State, Patrick M. McMahon, Richard L. Hill and Joseph E. Kernan, known to and by me as members of the Board of Public Works, City of South Bend and acknowledged the execution of the foregoing instrument as the authorized act of the said Board of Public Works. Witness my hand and notarial seal this ���` day of 1980. Sandy Paraferlee Notary Public Residing in St. Joseph County 1,1y, commission expires: June 18, 1984 r This instrument was prepared by Richard L. Hill, City Attorney, 1400 County --City Building, South Bend, Indiana 46601 AUG 181980 Board of Public Works 11 RELEASE OF RIGHTS AND EASEMENTS MXBARA I BYERS, Clerk c.i �� , o -`; CONSTRUCT AND MAINTAIN P'ACILITIE�� - Fir c� lO L:1 G1J Z i1.. This Release of Ri g[its and Easetiients , made and entered a Q U, into as of this �`r ` day of August, 1980, by the /�/o.2T✓/s�� r�'�, `�h'Cic ��;c�v;c-� Cr , a corporation duly organized and existing pursuant to the haws of the State of T-idiana (hereinafter v eferred to as "Corporation" W I T N E S S F T H: WHEREAS, the Corporation is entitled to the use of easements reserved in. Vacation Resolution No. 341.9 , 1.975, as recorded May 2, 1.977 in Miscellaneous Record 306 at Pages 129-147 _both inclusive, in the office of the Recorder of St. Joseph County, Ind -Lana and as mentioned on the recorded � plat of River Bend 2:.dditiols, Plat Book aI PabE R, which rights - of -way and easements are reserved in the Fights -of -way of former streets aild alley, , tl-ierei.n info:-ma11y vacated; and �. WHEREAS, the project knovn as the First Punk/Marriott Project involving construction by the City and FBT Bancorp , Inc. and Rahn Properties II is located on a portion of the property in vo �_ved in the above referred to Vacat-011 Resolution No. 3419, 1975; and WREREAS, the Corporation has no need for the rights and easements reserved to it in said Vacation Resolution per- taining to the portion of the property constituting the First Bank/Marriott Project site; and NOW, THEREFORE, in consideration of the premises and other valuable consideration, receipt and sufficiency O-L w��zrh are hereby acknowledged, the Corporate on releases all rights and easements and ag,:ees never to use in a*).y matter or for any purpose Chu 1, nts and easements Ove, the following described proj)Crty in St. Jasaph Cout'ty , Indiana: Lots three (3) and :four (4) of the recorded plat of River Bend Addition to the City of South Bend, Indiana as recorded in Plat Book 31, Page R :gin the office of the Recorder of St. Joseph County, Indiana. IN WITNESS WHEREOF, the proper officials have caused ch _s• Release of Rights and Easements to Construc-t and iiair- tZ14n F�jr-J.3.ii.ties to be Pxcctttncj pis of the date first bo e �vr:it:teri. ATTEST: Robert J. 8enac 11"1ely, I� g. �um�hr�/ STATE OF I.NDIA..NA ) COUNTY OF ST. JOSEPH } Ste: Personally appeared before me, a Notary Public fer said County and /7State,kg ktl_ own i o are d by —me n—_ acknowledged the execution oY the oreoaing instrinnen.t' as the authorized act or the said Corporation. Witness my hand and notarial seal l.i,s 11`� �` day of 1980. c Notary Public Residing in St. Joseph County &mei scion expires: 9 This instrument was prepa:tcd by Richard L. Rill, City A-torn,y 1400 County --City Building, South Bend, Indiana 46601 ="'/,Z 1, 3 (d RELEASE OF RIGHTS AND EASEKEENTS TO CONSTRUCT AND MAINTAIN EACII.I".'7ES PIEr ., Ti: J .. � � y . OCT 2 2 -�o F'RI S7. .i.::�Lr';i ?N01AHk. FILED ;0t-n ;k-Ef""O D T)_- _I- of Rights and Easements, mad` and entered into ,): this _ 18th day r, f August, 1980, by the South Bend Board of Water [forks a corporation duly organized and existing pursuant to the laws of the State of Indiana (herei.nafter -referred to as "Corporat ioUL") . W 1 T N E S S E T H: WHEREAS, , the Corporation is entitled to the use of easements reserved in Vacation Resolution No. 3419, 1975, as recorded May 2, 1977 in Miscellaneous Record �00 at Pages I.29-147 .both inclusive, in the office of the recorder of St. Joseph County, Indiana and as mentioned an the recorded plat: of River Bend Addition, Plat Book 31 Page R, which r-�_ghts- of-way and easements are reserved in the rights -of -way of `UtTi1E'r atreets and alleys, therein informally vacated; and d �. � r h First Bank/Tarriott ; WHEREAS, the project knot,rn a., L. e - ,'.11:0ject involving construction by the City and FIST Bancorzr, Inc. and Rahn Properties 11 is located on a portion oL the property involved in the above referred to Vacation Resolution No. 3419, 1975 ; and MHEREAS, the Corporation has no ?ieec3 for the rights and easements reserved to it in said Vacation Resolutia.t per- taining to the portion o�- the property constituting the First Bank/Marriott Project site; and NOW, THERIEFORE, in consicjeration of the preen-Lses and othar valual)le consideration, receipt and suf icicticy Of which are hereby t'1e Corpo. at�_o;: releases a11 rir —s usi`l nasements ann agrees never touse i.r. any r;.atLr,r or forat7y plll-posc tale rights MCI eacemer.ts over ;Ale io.I.7..a,a n�, c�E':' c_riL- ed property in St. Josepl} Cet�.11_v , Lots three (3) and foie,_ (,}) recorded plat the ecorded plat of Rj.ve Fiend A.ddtE:i.arz t=o t11e Cst_y of South Fie►Ad, Indiana as recorded in Plat Book 31, Page, R iv) the office of the Recorder of St. Joseph County, Indira. 111 WITNESS MIEREOF, the proper of-i,ci_als have caused this Release of Fi htr3 and Easement, to Construct and Main- tain FacJ_1_i.t;_es to be executed as of the date fi3 rt @L_ovc� written. Z�J_ , All Patrikk M. McMahon ✓Joseph E. Kexnan ATTEST, Barbara J. $y�`rs ^�" STATE OF INDIANA ) SS. COUNTY of s,r. . J OSEPH ) Personally appeared before me , a Notary Public. for. said County and State, Patrick M. McMahon Joseph E . Kernan — - ----- — - - �cizown to and by me as members of oars- oF_ti,ex Forks and acknowledged the execution oP the foregoing inst:rturent as the authorized act of the said Corporation. lrli_tness my hand and notarial seal this day of 1980. AL_ Sandy Parerlee Notary Publ-ic Residing in St. Joseph County a 'y ,ct,?;•.... �j.eomMission expires: '•,t,June 18 1984 i �J)•" r__ This instrument ..7as prepared by Richard L. hi1l, City Attorney, 1400 County -City Building, South Bend, Indiana 46601. Lots three (3) and f_o,ir (4) of the recorded plat of. T i'-Ver Berad Addit_i.0r1 to th12 City of SoLit2-, Bu-11d, lnd:Lana as recorded in Plat Book 31, Page the office of i_he Recorder of St. Joseph Cour►t.v, Indiana. IN �•TITNESS 14_-1ER_L;O�', the proper officials have causeLl this Release of Fights and Easements to Cons4•.uct anc; Mazti- taro Facilities to be executed as of the date first above written. atrikk 14 Joseph E. Kern ATTEST: Barbara J . B� rs��� STATE :)F INDIANA ) SS COUNTY OF ST. JOSEPH ) on Personally appeared before ILic , a Notary Public for said County and State, Patrick M. McMahon Joseph E. Kernan known to and by ine as members o _ oara of V ateror and acknowledged the execution o the foregoing instrument as the authorized act of the said Corporation. Witness my hand and notarial seal this fiS"'`' day of 1980. Sandy Parderlee Notary public Residing in St.. Joseph County Y. ;':Commission expires p �,, •'�"''•.��Ii ne 18 1984 IAA ,t. This instrument was prepared by Richard L. Hill, City Attorney, 1400 County -City Bui_'l-ding, South Bend, Indiana46601 AUG11: fi. C O Ei Ai 4 RECORDER OCT C 0 Fry AUG 29 i930 RELEASE OF RIGHTS AND EASEMENTS TO CITY O SOU - i; BEND ~CONSTRUCT AND MAINTAIN FACILITIES DEPARTMENT OF LAW Tt4s Release of Rights and Easements, made and entered FILED FJr, ire �•u, into as of this 27th day of August, 1980, by the INDIANA & MICHIGAN ELECTRIC COMPANY --. a corporation duly organized and existing pursuant to the :1 aces of the State. of Indiana (herein*arter referred to as "Corporaticn1l) . W I T N E S S E T H: WHEREAS, the Corporation is entitled to the use of easement's reserved in Vacation Resolution No. 3419, 1975, as recorded May 2, 1977 in Miscellaneous Record 306 at Pages 129-147 both inclusive, in the office of the Recorder of Sr. Joseph County, Indiana and as mentioned on the recorded plat of River Bend Addition, I'7_at 13ook 31 Page R, which rights- of-wny and easements are reserved in the rights -of -way of foriper streets and alleys, therein informally vacated; and 1411EREAS, the projects known as the First BankiMarriott Project involving construction by the City and FBT Bancoro, Inc. and Rahn Properties II is located on a portion o� ttie property involves, in the above referred to Vacation Resolution No. 3419, 1975; and WHERR,AS, the Corporation has no need for the rights and easements reserved to it in said Vacation Resolution per- taining to the portion of the property constituting the First Bank/MarrioL% Project si-te; and NOti, THEPL' ORE, in consideration of the premises and of --:he,_ valuable consideration, receipt and Sufficiency 01 t:ttzch a --re hereby acknowledged, the Coroora;--ion releases )-ig t;s an easements and agrees never t o ilsc its any t1l-it�.w�: cr for any purpose the rights and easements over the following described property in St.. Joseph County, Indiana :A . Lots three (3) and four (4) of the recorded plat of River Bend Addition to the City of South Bend, Indiana as recorded in Plat Book 31, Pape R in the off -ice of the Recorder of St. Joseph County, Indiana. 1N WITNESS 141EREOF, the proper officials have caused th -s Release of Rights; Lind Easements to Cor_si_ruct and Maia- tain Facilities to be executed as of the date first above written. Rf 1`,I & Rf E - ---- LA 'Dw A JnS1 -ijj-r Nl .il•� .'114 i ATTEST: Robert M. Koffman STATE OF INDIANA ) SS COUNTY Or ST. JOSEPH ) R. C. Menge cIEtRY W. 0. Keltner Personally appeared before me, a 'Notary Public for: said County and State, R. C. Menges Vice President and W. 0. Keltner, Assistant Secretaiy Known to and by me as members of Indiana & Michigan Electric.Comparay and acknowledged the execution_ of the o regoi_n znstriifr;.; as the authorized act of the said Corporatio-n. 7)- '• Witness my hand and notarial seal this 27th c���"�''•oft� � � August 1-980. Robert M. Hoffman Votary Public Residing in Allen County, Indiana e YLy commission expires: January 16, 1984 This s i rrstrument was preBared by Richard. L. ltill, City Attorney , 1400 County-G•i ty Buildi.rg, South "Mend, Indiana 46601 T AUG 181980 CG7 �o c°� RELEASE OF RIGHTS AND EASEMENTS TO Hard of Public Works i! CONSTRUCT AND MAINTAIN I�ACILITgAfl ARA J. BYER5, Clerk£� W © t� 4 C7 U t— LIJ phis Release of Rights -ind Easements., made and entered 4 p 4• o as of this _loth day of August, 1980, by the Indiana Cab l ev i s i on a co-goration, duly orEanized and existing pursuant to t1he laws of the State. of xndiana (hereinafter referred to as "Corporation"). W 1 T N t, S _S E `iH :-3HEREAS , the Corporation is entitled to the use of easements reserved in Vacation Resolution No. 3419, 1975, as recorded May 2, 1977 in Miscellaneous Record 306 at - Pages 129-147 both inclusive, in the office of the Recorder of St. Joseph County, Indiana and as mentioned on the recorded plat of River Bend Addition, Plat Book 31_ Fa,e R, �•ihich rights - of -way and easements are reserved in ;_he- ri hts•-of-way of former streets and alleys, therein informally vacated; and %.TTIER AS, the project known as the First Bank/Marriott Project involving construction by the Ci ter a.nc: 1`3T Ban.coro, Inc. and Rahn Properties II is locta.t.ed. on )crti_on of the property involved, in the above r ferr.ed _ Vacation Resolution No. 3419, 1975; and IJHEREAS , the Corporation has no need for Lhe rights and easements reserved to it in said Vacation Resol-lition per- taining to the portion of the property constituting the First Bank./Marriott Project] site; and NOW, THEREFORE, , in consideration of the prenises and other valuable consideration, receipt and sufficiency of Which are hereby acknowledged, the Corporation ro eases all rights and easements anc agrees never to tise i►-i any m.attex° or roe' any purpose Ll—ie rigll.ts and easements o ve'r the fol1owi.ng described property in St, "Joseph C.ourity, D-i di ,<►na : Lots three (3) and four (4) of the recorded plat: of River Bend Addition to the City of South Bend, Indiana as recorded in Plat Bonk 31, :'age R in the office of the Recorder of St. Joseph County, Indiana. l'N WMIESS WHEREOF, the proper officials have caused this Release of Rights arid Easements to ConsLr_uct aria T-11 r.' Lain Fari.lities to be executed as of the date first abcv,, Indiana Cablevision ohn Koczan NITEST: STt} L'!^ OF INDIANA ) SS: COUNTY OF ST. JOSEPH ) Personally appeared before me, a Notary Public for said County and State, John Koczan known to and by me as members o 1 nd i ana Cab 1 ev i s i on } and acknowledged the execution olf the foregoing instrument as the authorized act of the said Corporation. Witness imy hand and notarial seal this 14th day of August , 1980. N iI. ., c:ommission expires: `t4.�e6ruary 10, 1984 r';'tltt§ttNti�p AL �L Barbara J. Byers Notary Public Residing in St. Joseph County This instrument i-ms prepared by Richard L, dill., City Attorney 14GO County-Mcy Building, South Bend, Indiana 46601