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Home My WebLink About#1310- Deed; EASEMENT From the City of South Bend to Northern Indiana Public Service Co. RE, New energy Corp. (South 50' of City property line lying south of the South Bend to Goodwill Industries at the NW corner. Sorin's 2nd Add (Loading DockEASEMEN'T from CitY Of South Bend to Goodwill Industries, Beginning r at the N.W. corne of Lot 113, Sorin's 2nd, Add. to it Of South Bend (SEE EASEMENT) (LOADING DOCK ON f.RANCES ST-) ROGER 0 PARENT, Mayor COUNTY-CfTY BUILDING SOUTH BEND, INDIANA 46601 BOARD OF PUBLIC WORKS September 12, 1983 John E. LeszczVnski, President 219/284-9412 Richard L. Hill Joseph E, Kernan Mr. J, Larry Neff, President Goodwill Industries of Michiana, Inc. 1805 Western Avenue P.O. Box 3128 South Bend, Indiana 46619 RE: AGREEMENT FOR EASEMENT Dear Mr. Neff: The Board of Public Works, at its meeting held today, approved an Agreement for Easement granting to Goodwill Industries of Michiana, Inc. a twelve (12) foot easement on Frances Street. As stated in the Agreement, the easement is to encompass a loading dock and service drive which will encroach into the public right-of-way of Frances Street and shall remain in effect so long as the existing structure to which the loading dock is attached remains on Lots 113 and 114 of Sorin's 2nd Addition to the City of South Bend. The original Agreement for Easement signed by the Board of Public Works is attached. We would appreciate your having the Easement recorded at your earliest convenience. 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 CC: Carolyn Pfotenhauer, Assistant City Attorney Addition to the City of South Bend. A copy of the legal descriptioz along with a drawing indicating the general area of easement is attached as Exhibit A. The rights hereby granted shall extend to and be binding upon the successors and assigns of the parties hereto. South Bend Board of Public Works County City Building South Bend, Indiana 46601 To Who It May Concern: Goodwill Industries of Michiana, Inc. is the owner of the property at the southeast corner of Francis and Howard Streets. Goodwill Industries is leasing part of the property to Aldi, Inc. for a grocery store. In order to facilitate the unloading of their trucks, we are respectfully requesting a nine foot easement along our entire 267 feet of property along Francis Street. This requested easement will allow Goodwill to encroach into the right-of-way so that a loading dock can be constructed. I would appreciate your prompt and positive response to our request. Please call me if you have any questions or need additional information. Thank you. Sincerely, 4 J. LARRY NEFF President JLN: sl cc: Ms. Carolyn Pfotenhauer Goodwill Builds People for Jobs - Hire the Handicapped - A United Way Agency Addition to the City of South 'Bend. A copy of the legal along with a drawing indicating the general area of easem D11� INDUSTRIES of fl91CI-IIAN1A, INN, 1805 Western Ave. - P.O. Box 3128 South Bend, IN 46619 Phone (219) 234-1661 J. Larry Neff President August 16, 1983 South Bend Board of Public Works County City Building South Bend, Indiana 46601 To Who It May Concern; Goodwill Industries of Michiana, Inc. is the owner of the property at the southeast corner of Francis and Howard Streets. Goodwill Industries is leasing part of the property to Aldi, Inc. -' for a grocery store. E In order to facilitate the unloading of their trucks, we are respectfully requesting a nine foot easement along our entire 267 `I feet of property along Francis Street. This requested easement will allow Goodwill to encroach into the right-of-way so that a loading dock can be constructed. I would appreciate your prompt and positive response to our request. Please call me if you have any questions or need additional information. i Thank you. Sincerely, C+ . J. LARRY NEF'F President JLN:sl CC: Ms. Carolyn Pfotenhauer 'r' ., , Addition to the City of South Bena. AGREEMENT FOR EASEMENT THIS AGREEMENT has been made and entered into this 12th day of September, 1983, by and between the City of South Bend, a municipal corporation of the State of Indiana, (hereinafter referred to as "Grantor") and Goodwill Industries, Inc., a duly organized not -for -profit corporation of the State of Indiana, (hereinafter referred to as "Grantee"). WITNESSETH: That in consideration of the sum of One Dollar ($1.00) cash in hand paid and other valuable consideration, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee an easement for the purpose of allowing the construction, existence, operation and maintenance of a structural appurtenance and driveway upon the following described real estate: Beginning at the Northwest corner of Lot 113, Sorin's 2nd Addition to the City of South Bend; thence South along the East right-of-way line of Frances Street to the Southwest corner of Lot 115 of above said Addition; thence West along the South line of said Lot 115 extended a distance of twelve (12) feet; thence North and parallel to the East right-of-way line of Frances Street to a point on the North line of Lot 113 extended; thence East along the North line of Lot 113 extended a distance of twelve (12) feet to the point of beginning. Containing 2376 square feet or 0.55 Acre in the City of South Bend, Portage Township, St. Joseph County, Indiana. The easement described herein is to encompass a loading dock and service drive which will encroach into the public right-of- way of Frances Street in the City of South Bend. This easement shall be In effect so long as the existing structure to which t loading dock is attached remains on Lots 113 and 114 of Sorin's Addition to the City of South Bend. A copy of the legal descrif along with a drawing indicating the general area of easement is attached as Exhibit A. The rights herebl y granted shall extend wxpon the successors and assigns of the parties he The Grantee hereby agrees to save and hold the Grantor harmless from any and all claims, debts, causes of action or judgments for any damage to property and/or injury to any person which may arise out of any construction within or use of said easement areas by the Grantee, its agents, employees, representa- tives, contractors, successors or assigns. IN WITNESS WHEREOF, the Grantor sets its hand and seal this 12th day September, 1983. CITY OF SOUTH BEND by its BOARD OF PUBLIC WORKS hn E. Leszczkk chard L. hily. e- jo�eOh E. Kernan Attest: Sandra M. Parmerlee, Clerk ST. JOSEPH COUNTY STATE OF INDIANA Before me, a Notary Public, in and for said County and State, personally appeared John E. Leszczynski, Richard L. Hill, and Joseph E. Kernan known to me and constituting the Board of Public Works, City of South Bend, Indiana, who acknowledged the execution of the above and foregoing as their free act and deed this 12th day of September, 1983. Sandra M. Parmerlee, Notary Public, resident of St. Joseph County, IN IAY Commission Expires: This instrument was prepared by Carol.yn V. Pfocenhauer, Assist City Attorney, 1400 County -City Bldg., South Bend, IN 46601 LEGAL DESCRIPTION grinning at the Northwest corner of Lot 113, Sor1n's 2nd Addition to the City Of South Bend; thence South along the East right -Of -way line of Frances Street to the Southwest corner of Lot 115 of above said Addition; thence West along the South line of said Lot 115 extended a distance of twelve (12) feet; thence North and parallel to the East right-of-way line of Frances Street to a point on the North line of Lot 113 extended; thence East along the North line of Lot 113 extended a distance of twelve (12) feet to the point of beginning. Containing 2376 square feet or 0.65 Acre in the City of South Bend, Portage Township, St. Joseph County, Indiana. | � \ 94 ^ �\ RIO 57. I ot3 ' u- -��—�| -- � �onIN'S FIR5p EXHIBIT A