HomeMy WebLinkAbout#1294- Deed; Easement and ROW - to city SE quarter of sec 31, township 47 N. Kensington FarmsEASEMENT AND RIGHT -OF --WAY from
Jack Hickey Associates, Inc.
to
f
City of South Bend, a paof
land being a part of the S.E. 4
of Section -11, Township 47 North,
Range 3 East, in City of South
Bend, Centre Township, St. Joseph
County, and being more particularly
described as follows: (SEE EASEMENT)
(KENSINGTON FARMS)
BOARD OF PUBLIC WORKS
John E, Leszcz Ynski, Prusldent
Richard L. Hill
JoSeph E. Kernan
CITY of SOUTH BENS)
k (.)' LR i) P\R�%' T %I;i i,r
COUNTY -CITY 6UItDING SOUTH BP4D INCiANA 46601
March 16, 1983
Mr. A. J. Hickey, President
Jack Hickey Associates, Inc.
60735 U.S. 31 South
South Bend, Indiana
RE: EASEMENT AND RIGHT-OF-WAY (KENSINGTON FARMS)
Dear Mr. Hickey:
219/284-9412
The Board of Public Works at its meeting held on
Monday, March 14, 1983, accepted and approved the above
referenced easement and right-of-way. The easement and
right-of-way provides for dedication of public right -of --way
for sanitary and storm sewers and street improvements to be
developed by Jack Hickey Associates in the Kensington Farms
area. A copy of the executed easement is attached for your
information.
If you have any questions regarding this matter,
please do not hesitate to contact this office.
Sincerely,
BOARD OF PUBLIC WORKS
Sandra M. Parmerlee, Clerk
SMP/mp
Attachment
aE�ORO��
EASEMENT AND RIGHT -OF WAY
One ($1)
In consideration of the sum of
;<<� z3 10 48 P ' 83
Dollars cash in hand paid, receipt whereof is
hereby acknowledged, the undersigned hereby grant, bargain, sell, 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,
inaincain, 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 generz:l 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 Iimitation, drainage structures for
both sanitary and storm sewer ground embraced within the right-of-way herein—
after described, ►vhich 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:
RIGHT-OF-WAY AND EASEMENT DEDICATION:
A parcel of land being a part of the Southeast Quarter of
Section 31, Township 37 North, Range 3 East, in the City of South
Bend, Centre Township, St. Joseph County, Indiana, and being more
particularly described as follows:
Beginning at the northeast corner of lot 156 as shown on the
plat of Kensington Farris East P.U.D., Section 3, Part 1, Phase 2,
as recorded in the Office of the Recorder of St. Joseph County,
rndiana,as document numbered 8212411; thence North 2°40'55" West.,
a]oner tho w stcxty .dine of Bayswater Place, as shown on said plat,
Projected northerly a distance of 60.00 feet to a point of curvature;
thence along a curve to the left having a radius of 470.00 feet,
an arc length of 50.64 feet, a central angle of 6010126", and being
subtended by a chord of 50.62 feet which bears North 5°46'08" West;
thence North 8100813911 East, radial to said curve, a distance of
60.00 feet; thence southerly along a curve to the right having a
radius of 530.00 feet, an arc length of 57.11 feet, a central
angle of 6010'26", and being subtended by a chord of 57.08 feet
which bears South S046108" Gast; thence South 2040'55" East, along
the easterly line of said Bayswater Place, projected northerly, a
distance of 60.00 fccL to the northwest corner of .lot 157, as shown
on .3aic] 1:,'I at; thence Soutl, 87" 19' 05" West, a distance ,f 60.00 feet
to t!zc-' Puillt ul bc-i i-nn.ing, conta Lnin,! G833 square foot, more or lass.
DA
�o�%'y RECORDER
F-;-4 EASEMENT AND RIGHT-OF-WAY
Afi
In consideration of the sum of
One ($l)
u,2 23 fO 48 P'83
J30"EPH CO.
FOP, RECORD
Dollars cash in hand paid, receipt whereof 1s
hereby acknowledged, the undersigned hereby grant, bargain, sell, convey,
;.a 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,
GUY /U, ma I nrafrl, rcrpaI r-. 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 a tract or parcel
of land situated in the County of St. Joseph, State of Indiana, briefly
described as Follows:
RIGHT--OF--WAY AND EASEMENT DEDICATION:
A parcel of land being a part of the Southeast Quarter of
Section 31, Township 37 North, Range 3 East, in the City of South
Bend, Centre Township, St. Joseph County, Indiana, and being more
particularly described as follows:
Beginning at the northeast corner of lot 156 as shown on the
plat of Kensington Farris East P.U.D., Section 3, Part 1, Phase 2,
as recorded in the Office of the Recorder of St. Joseph County,
Indiana,as document numbered 8212411; thence North 2040'55" West,
along the westerly line of Bayswater Place, as shown on said plat,
projected northerly a distance of 60.00 feet to a point of curvature;
thence along a curve to the left having a radius of 470.00 feet,
an arc length of 50.64 feet, a central angle of 6°10'26", and being
subtended by a chord of 50.62 feet which bears North 5°46108" West;
thence North 81°08'39" East, radial to said curve, a distance of
60.00 feet; thence southerly along a curve to the right having a
radius of 5.30.00 feet, an arc length of 57.11 feet, a central
angle of 6°10'26", and being subtended by a chord of 57.08 fCet
which bears South 5°46'08" East; thence South 2040'55" East, along
the easterly line of said Bayswater Place, projected northerly, a
distance of 60.00 feet- to the northwest cornor of lot 157, as shown
on said plat; thc,nce South 871119105" West, a distance .jf 60.00 Leet
to the point of l;c:y i.nnincl, containing 6833 square feet, more or less.
SANITARY SL:WER RASLMENT DEDICATION:
A parcel of land being a part ofliS'bi`fl:�st Quarter of
Section 31, Township 37 North, Range 3 East, in Lhe City of South
Renal, Centre Township, St. Joseph County, Indiana, and being more
particularly described as follows:
Commencing at the northeast corner of lot 156 as shown on the
plat of Kensington Farms East P.U.D., Section 3, mart 1, Phase 2,
as recorded in the Office of. the Recorder of St. Joseph County,
Indiana, as document numbered 8212411; thence Vorth 2040155" West,
along the westerly line of Bayswater Place, as shown on said plat,
projected northerly a distance of 60.00 Feet to a point: of curvature;
thence along a curve to the left having a radius of 470.00 feet,
an arc length of 50.64 feet, a central angle of 6°10126", and being
subtended by a chord of 50.62 feet which bears North 5146'08" vilest;
thence North 31.03139" East, radial to said curve, a distance of
34.71 feet to the point of beginning for this description; thence
North 3047'55" Last, a distance of 176.53 feet; thence South
oi.u,a+nr•.. f :1 d_�stancc of 20_00 f��t: thonco South 3°47'r)5" West,disL3ncc o1_ 172.64 ceeL; thence south 81'08'39" West, a distance
of 20.50 feet to the point of beginning, containing 3486 square feet,
more or lass.
SANITARY SEWER EASEMENT DEDICATION:
A parcel of land being a part of the Southeast Quarter of
Section 31, Township -37 North, Range 3 East, in the City of South
Bend, Centre Township, St. Joseph County, Indiana, and being more
particularly described as follows:
Beginning at the northeast corner of lot 156 as shown on the
Flat of Kensington Farms Last P.U.D,, Sf2ction 3, Part 1, Phase 2,
as recorded in the Office of the Recorder of St. Joseph County,
Indiana, as document numbered 82121I11.; c.hence South 87°19'05" West,
along tho northerly line of said .lot 156, a distance of 103.00
Feet to the northwest corner of said lot; thence North 2°40'55"
West, along_ an easterly line of Kensington farms East, Section 1,
a distance of 10.00 feet; thence North 87119'05" East, a distance
of 103.00 feet to the westerly line of Bayswater Place, as shown
on said recorded plat, projected northerly; thence South 2140'55"
East, along said line, a distance of 10.00 feet to the point of
beginning, contcai.ning 1030 square feet, more or less.
To have and to hold the said easement and right -of --Way unto the
Civil rity of ;south Bend, Indiana, and unto its successors and assigns
forevf,r.
I`,r►d the ::n.id (;rra.ntors hereby covenant with the Civil City of
South Bend, Indians, That they are lawfully seized and possessed of' the
a.i'oredescribed tract. or parcel of ].read; that they have a good and law-
ful righA to ,;ell an.., ccrivey; that it is free from all encuwbrancen; and
tivat they wiJ 1 warrant and forever defend the title in quiet possession
thereto again.it the .lrtwf►t1 claims of all. Persons Whomsoever.
And as a further consideration for the payment of the purchase
price, above :,t:acted, the Grantors hereby release all. el-ai►ns for damage,
from whatsoelr:r caio:r-, incidental to the exercise of any of the rights
L,.:rein vrwiLed, i'rc,jra t.hf� beginning of the world until this date.
It is under.sLcj,-Iri and agreed by thl! f :frties hereto, that wherever
in the. forer-c3ina* the singular number is used, it will be read
fi:, j,3 tar+,l , i : aims `.:f;'•[I racc•eS ;t ry, arid tha7t wherever words of neute-r ger,c:er
f { l f.'i ' f e•' S' + i kowi re ajgl y LU tt;E'
SANITARY SEWER EASEMENT DEDICATION:
A p<arc el of land being a part of `CI��'SbJ('f•�(�'asL Quarter of
Section 31, Township 37 North, Range 3 Cast, in Lho City of South
Bend, Centre Township, St. Joseph County, Indiana, and being more
particularly described as follows:
Commencing at the northeast corner of lot 156 as shown on the
Mat of Kensington Farms East P.U.D., Section 3, Part 1, Phase 2,
as recorded in the Office of the Recorder of St. Joseph County,
Indiana, as document numbered 8212411; thence North 2°40'55" West,
along the westerly line of Bayswater Place, as shown on said plat,
projected nortt-Lerly a distance of 60.00 feet to a point of curvature;
thence along a curve to the left havingaa radius
le of 6o1.0470 .00 feet,
an arc length of 50.64 feet,
a central nd being
subtended by a chord of 50.62 feet which bears North a 51146' 008" West;
t1je1ice North sl°03139" East, radial to said curve,
oof
f beginning for this description; thence
34.71 feet to the point
North 3°47155" East, a distance of 176.53 feet; thence South 96112105"" East-, a distance of20.00 feet; thence South 3°47'S5"' West,
a ciistance of 172.04 feet; thence South 81008139" West, a distance
of 20.50 feet to the point of beginning, containing 34$6 square feet,
more or less.
SANITARY SEDER EASEMENT DEDICATION:
A Marcel of land being a part of the Southeast Quarter of
Section 31, Township 37 North, Range 3 East, in the City of South
Bend, Centre Township, St. Joseph County, Indiana, and being more
particularly described as follows:
Beginning at the northeast corner of lot 156 as shown on the
plat of Kensington Farms East P.U.D., Section 3, Part 1, Phase 2,
as recorded in the Office of the Recorder of St. Joseph County,
Indiana, as document numbered 8212411; thence South 87019105" [west,
along tho northerly line of said lot 156, a distance of 103.00
�cr_t to the northwest corner of said lot; thence North 2040'55"
West, alonc( an easterly line of Kensington Farms East, Section 1,
a distance of 10.00 feet; thence North 87019'05" Fast, a distance
of 103.00 feet to the westerly line of Bayswater Place, as shown
on said recorded Flat, projected northerly; thence South 2140155"
Last, along said line, a distance of 10.00 feet to the point of
beginning, contai-ning 1030 square feet, more or less.
To huvn and to hold the said easement and right -of -Way unto the
(-'ivil r i ty of ;youth Rend, Indiana, and unto its successors and assigns
fc) rev+, r .
And t.hf, :.aid (ira.ntors hereby covenant with the Civil City of
3otrt:h Bend, Indiana, that they are lawfully seized and possessed of the
:t. r,rede_scribed triLel. or parcel of land; that they have a good and law-
ful right to seal arc•l c(-.i►vey; that; it is free from all encumbrances; and
ttkrit they wi:] 1 warrrutt and forever defend the title in quiet possession
thereto aKaS.nnt the lawfiI claims of all persons whomsoever.
And as a further consideration for the payment of the purchase
price, above trued, the r reactors hereby release a3.1 claims for damage,
from whatsoevi--r c,-Liwr, incidental to the exercise of any of the rights
l:,:re:in grwited, fr(,m th(, beginninf-Y of the world until this date.
It i:: under:;tcit-4 and agreed by th"! < arties hereto, that wherever
in t h:. ror(.-roinr, the singular number is used, it wiJA be read
a: i l eirrtl. , .. ;.ri,: ,jr., i riOce55ury, rjol •that. wherever Words of neuter geni.er
r ":..�.�r„ '•i t,, ,/ :'i I : lkevi:;G !lj (.ly to the inarvulAnt. ge!.ri(•r, , w1:1•neVcr7•
Jack, Hickey ss Inc.
By .J. Hickey, resident
CORPORATE CERTIFICATION
I, Rosemary Hickey certify that I am Secretary of the Corporation executing this
easement and right-of-way agreement:
that R.J. Hicke who signed this agreement on behalf of the Cor�or.ation was then
Presi ent o said Corporation; that said agreement was duly signed for and on be
haif of -
said Corporation by authority of its governing body and is within the
scope or corporate powers:
f eoscretary
emary Hickey
(CORPORATE SEAL)
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, a Notary Public in and for the aforesaid County and State personally
appeared A.J. Hickey_ and Rosemary Hickey, known to be President and Secretary re-
spectively of Jack Hickey Associates, Inc., 60735 U.S. 31 South, South Bend, In.,
who on behalf of said Corporation acknowledged the execution of the above and
foregoing instrument to be its voluntary act and deed.
Witness my hand and Notarial Seal this llth day of March, 1983.
My commission expires: January 15, 1984.
Notary Public
William A. Luecht
Resident of St. Joseph Co.,In.
PF-, 0 V Lj
BOARD OF PUBLIC WORKS
MAR 1 41983
'cYANDA A.�N061AK
RED^RD7-R
iia Z3 10 4 AH'63
JOSEE
"NOIANA
.: ,, "D FOR RECO"s
BOARD OF PUBLIC WORKS
John E Leszccynski. President
Richard L. Hdl
Joseph E. Kernan
CITY of SOUTH BFND
Ittli,k.R i } P-NR[_\-1. Miii ,r
COUNTY -CITY BUILDING SOUTH BEND INDIANA 46601
.larch 16, 1983
Mr. A. J. Hickey, President
Jack Hickey Associates, Inc.
60735 U.S. 31 South
South Bend, Indiana
RE: EASEMENT AND RIGHT-OF-WAY (KENSINGTON FAR14S)
Dear Mr. Hickey:
219/284-9412
The Board of Public Works at its meeting held on
Monday, March 14, 1983, accepted and approved the above
referenced easement and right-of-way. The easement and
right-of-way provides for dedication of public right-of-way
for sanitary and storm sewers and street improvements to be
developed by Jack Hickey Associates in the Kensington Farms
area. A copy of the executed easement is attached for your
information.
If you have any questions regarding this matter,
please do not hesitate to contact this office.
Sincerely,
BOARD OF PUBLIC WORKS
Sandra M. Parmerlee, Clerk
SMP/mp
Attachment