HomeMy WebLinkAbout#1348- Deed; SEWER & WATER EASEMENT Part of the SE quarter of Sec. 12 Y. 37 N.R. 2 E. Block 6 River Glen Plaza:w/ 3c/ K
SEWER AND WATER EASEMENT from
RGO Associates, Inc. to City
of South Bend - Part of S.E.
Quarter of Section 12, T. 37 N
R. 2 E., City of South Bend
(SEE EASEMENT)
(BLOCK 6, RIVER GLEN PLAZA)
CIT% ATTORNEY S OFFICE
TO: JOHN E. LESZCZYNSKI DATE:'
BOARD OF WORKS DIRECTOR
FROM: CAROLYN V. PFOTENHAUER
ASSISTANT CITY ATTORNEY
SUBJECT: SEWER AND 1,�ATER EASEMENTS
40
NOVEMBER 7, 1985
Attached are the sewer and water easements for new easements
and releases of the old easements on block 61 Riverbend Plaza. I am
also forwarding to you a copy of the drawings showing the location and
legal descriptions of these easements. Attorney Art Perry prepared the
easements lising forms that I supplied to him. He is available at your
convenience to answer any questions that you might have on this matter
so please contact him if you want to discuss it. They are planning to
close the deal early next week and Mr. Perry has requested that these
easements be put on the agenda for the November 12th Board of Works
meeting. He has also supplied for your information a copy of a
corporate warranty deed showing the transfer of ownership from St.
Joseph Riverbend Development Corporation to RGO Associates.
Please contact me if you have questions.
CVP: j j : E
Attachments
cc: -Sandy- Par;nerlee - Clerk
W/o attachments
1.
CORPORATE WARRANTY DEED
THIS INDENTURE WITNESSETH, that St. Joseph Riverbend
Development Corporation, an Indiana corporation, "Grantor", a
corporation organized and existing under the laws of the State of
Indiana, CONVEYS AND WARRANTS to RGO AssOclate5 Inc.
, of St. Joseph County,
State of Indiana, for and in consideration of the sum of One
($1.00) Dollar and other valuable considerations, the receipt of
which is hereby acknowledged, the following described real estate
in St. Joseph County, in the State of Indiana, to -wit:
A part of the West Half of Section 12, Township 37
North, Range 2 East, also being a part of Block 8
of the recorded Plat of River Bend Addition, City
of South Bend, St. Joseph County, Indiana,
described as follows:
Commencing at the intersection of the Northeastern
Boundary of Columbia Street and the Eastern JV,, l'Nes °�&A
Boundary of Western Avenue; thence along said North *4 V
Boundary South 69° 32' 5 1 " East, 95.25 feet; thence `��J
Southeasterly 192.83 feet along an arc to the right �i�����h
and having a radius of 421.97 feet and subtended by 0-
a long chord having a bearing of South 56' 27' 21" -n
East and a length of 191.16 feet to the Point of :� r r co
Beginning; thence North 46' 38' 09" East 155.47 '}�cry r �`A
feet; thence South 20' 00' 00" East 68.15 feet; m
thence South 52' 00' 00" West 59.45 feet; thence
South 380 00' 00" East 98.14 feet; thence South 520-�O_-r.
00' 00" West 86.74 feet to the Northerly line of ®
Columbia Street; thence 149.73 feet along an arc ta'
the left having a radius of 421.97 feet and C=D
subtended by a long chord 148.95 feet in length and am
having a bearing of North 33' 12' 00" West to the
Point of Beginning, containing 0.362 acres.
ALSO
A parcel in the Southeast Quarter of Section 12,
Township 37 North, Range 2 East, also being a part
of Block 8 of the recorded plat of River Bend
Addition, City of South Bend, St. Joseph County,
Indiana, more particularly described as follows:
Commencing at the intersection of the Fast
right-of-way line of Columbia Street and the North
right-of-way line of Monroe Street as shown on said
Plat of River Bend Addition; thence North 00 30'
18" West along said East right-of-way line of
Columbia Street 270.00 feet to the Point of
Beginning; thence Northerly along said right-of-way
23.20 feet; thence northward along a curve to the
left, having a radius of 421.97 feet and subtended
by a long chord 27.60 feet in length with a bearing
of North 2° 22' 4.3" West 27.60 feet; thence North
75' 20' 48" East 78.20 feet; thence South 390 35'
12" East 98.62 feet; thence South 52' 00' 00" West
44.02 feet; thence North 39' 35' 12" West 43.10
feet; thence South 89' 29' 42" West 75.00 feet to
the Point of Beginning, containing 0.176 acres.
Subject to all restrictions and easements of record.
Subject to the prorated real estate taxes due in the
year 1983 payable in 1984 prorated to the date of this deed.
The above two descriptions are vacant areas and are
being conveyed for the use and benefit of the said Grantor.
The undersigned persons executing this Deed on behalf
of the Grantor represent and certify that they are the duly
elected officers of the Grantor and have been fully empowered, by
proper resolution of the Board of Directors of the Grantor, to
execute and deliver this need; that Grantor has full corporate
capacity to convey the real estate described herein, and that all
necessary corporate actions for the making of such conveyance has
been taken and done.
This conveyance of the above described real estate by
the above Corporation as Grantor is not subject to Gross Income
Taxes payable at this time.
IN WITNESS WHEREOF, the Grantor, St. Joseph Riverbend
Development Corporation, an Indiana Corporation, has caused this
Deed to be executed this 21st day of Jude , 1983.
ATTEST:
STATE OF INDIANA )
)ss.
ST. JOSEPH COUNTY )
ST. JOSEPH RIVERBEND DEVELOPMENT
CORPORATION, an Indiana Corporation
By
Before
me, a Notary
Public
in and for
said County and State
personally
appeared
.L11ir�-rz
and /,//c< (i ,S 114YI/Ilk
known to be the /�i'�•,,,:;^i and .1, , / J�'��c:- ;��, of
the St. Joseph Riverbend Development Corporation, who
acknowledged the execution of the foregoing Deed for and on
behalf of said Grantor Corporation and who having been duly
sworn, stated that the representations hereinabove contained are
true.
WITNESS my hand and notarial seal this )/,/ day of,T
1983.
My commission expires:
November 17, 1983
0
Charles M. Boy ton, Notary
Public, a res dent of St.
Joseph County, Indiana
This instrument prepared by Charles M. Boynton, 725 St. Joseph
Bank Building, South Band, Indiana 46601.
-�4-- /3V9
SEWER AND WATER EASEMENT
In consideration of the sum of One and No/100
n�
�xx
m
cs
�r
($1.( j)
Dollar, receipt whereof is hereby acknowledged by the
WE
.0
:;
em
aD
undersigned, the undersigned hereby grants to the CIVIL CITY of
SOUTH BEND, a permanent easement, including the perpetual right
to install, repair, maintain, alter and operate water mains and
water distribution system and/or sewer or other facilities,
together with the right of ingress to and egress from the said
easement for the purposes of maintaining said water mains, pipes,
vaults, sewers and other equipment incident thereto, in, upon,
over and under the following described real estate located in the
City of South Bend, St. Joseph, State of Indiana, briefly
described as follows:
That part of the Southeast Quarter of Section 12, T. 37
N., R. 2 E., City of South Bend, St. Joseph County,
Indiana which is also a part of the recorded Plat of
"River Bend Addition" as recorded in the records of
said county which is described as: From the
intersection of the East line of Columbia Street and
the North line of Monroe Street measure, N.
000-30'-18" W., 293.20 ft. and N. 12°-36'-30" W.,
176.95 ft. for the "true Point of Beginning"; thence,
N. 520-00'-00" E., 83.72 ft.; thence, N. 380-00'-00"
W., 30.00 ft.; thence, S. 520-00'-00" W., 77.77 ft.;
thence, around a 421.97 ft. radius to the right an arc
distance of 30.59 ft to the end of a chord which bears
S. 260-47'-18" E., and having a chord distance of
c. 30.58 ft. to the Point of Beginning, containing 0.0557
acres.
The easement granted hereby is for the benefit of the City
of South Bend for the maintenance of said water and sewer
easements.
The easement hereby granted and all rights, covenants and
restrictions and provisions related to said easement constitute
covenants running with the land and shall be binding upon the
said grantor and be an obligation thereof of every person or
entity now or hereafter having any fee, leasehold or other
interest in all or any part of the said described real estate.
To have and to hold the said sewer and water easement unto
the CIVIL CITY of South Bend, Indiana, and unto its successors
and assigns forever.
And the said Grantors hereby covenant with the Civil City of
South Bend, Indiana, that they are lawfully seized and possessed
of the aforedescribed tract or parcel of land; that they have a
good and lawful right to sell and convey; that it is free from
all encumbrances; and that they will warrant and forever defend
the title in quiet possession thereto against the lawful claims
of all persons whomsoever.
And as a further consideration for the payment of the
purchase price, above stated, the, grantors hereby release all
claims for damage, from whatsoever cause, incidental to the
exercise of any of the rights herein granted, from the beginning
of the world until this date.
It is understood and agreed by the parties hereto, that
wherever in the foregoing instrument the singular number is used,
it will be read as plural, if and when necessary, and that
wherever words of neuter gender are employed, they will likewise
��'i:>
apply to t4EVwhenever the contract requires.
BOARD OF PUBLIC waRKS
OWNER
" &c'09%J ERGO A SO.IATE-, INC.
An Ind na oration
By/q v. �•V.•...• n-t .J Phair, President
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY )
Before me, a Notary Public in and for said County and State,
personally appeared John T. Phair, known to me to be the President
of RGO Associates, Inc., who duly acknowledged the execution of
the foregoing SEWER AND WATER EASEMENT as the free and voluntary
,q`c,,and deed of RGO Associates, Inc.
ss my hand and notarial seal this A -el day of
1k) ember,
`'on Expires . Ar hu J. e otar
A Resident of St. Jo
1989 Indiana seph County,
Ths'•`Instrument Prepared by Arthur J. Perry, Attorney at Law,
Suite 420 JMS Building, South Bend, Indiana 46601
-2-
.11-51525.180
ST. JosEprq co.
FILED FOR RERD
FILM NC, _
WA N D A ,4 f;
R CORDER
,l xrs'stf' �j,