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Home My WebLink About#1399- Deed; RELEASE OF EASEMENT A portion of Maplewood St.RELEASE of EASEMENT - A portion of Maplewood Street (SEE EASEMENT) �—' �./tom✓y �'�t� ' 1�� /3`�`3 _ RELEASE OF EASEMENT WHEREAS, the Civil City of South Bend, by and through its ; Board of Public Works, has retained an easement for sewage and drainage for the vacated portion of Maplewood Street within the parcel of land described as follows: C) A portion of Maplewood Street, beginning at the south right-of-way line of a -^- Progress Drive and the east right-of-way --�w' line of Maplewood Street, south 345 feet to the southwest corner of Lot 27 in Post Place Addition, thence west 50 feet; " `a thence north 345 feet; thence east 50 r=� LLj - feet to the place of beginning; and WHEREAS, a copy of the document reserving said easement was recorded in the Office of the Recorder of St. Joseph County in Miscellaneous Record 7708867 on October 4, 1977; and WHEREAS, the City of South Bend no longer has any need for the easement. NOW, THEREFORE, BE IT RESOLVED that the Civil City of South Bend, by and through its Board of Public Works, hereby releases and terminates all rights and interest in said easement. IN WITNESS WHEREOF, the members of the Board of Public Works of the City --�of South Bend, Indiana, hereunto set their hands and seals this �)�� day of 1987. -moo ''�:.• .'°��I'/T <<,I ^t' M Vk� ATTEST: Sandra M. Parmerlee, Clerk CITY OF SOUTH BEND, INDIANA BY ITS BOARD OF PUBLIC WORKS y Jo n E. Leszczyns i, esident Mich el L. Vance Patricia E. DeClercq STATE OF INDIANA ST. JOSEPH COUNTY } SS: Before me, a notary in and for said County and State, personally appeared John E. Leszczynski, bliehae1 and Patricia E. DeClercq, known to me and constituting the Board of Public Works of the City of South Bend, Indiana, who acknowledged the execution of the above and foregoing instrument at their free act and deed this day of - 1 r:.L� t , 1987. "Sandra M. Parmerlee, Notary Public Resident of St. Joseph County, IN °my Commission Expires: "r-�uly 24, _ 1988 This instrument prepared by Thomas L. Bodnar, Chief Deputy City Attorney, 1400 County -City Building, South Bend, IN 46601 TB/BPW/1 -2- 60- tz RELEASE OF EASEMENT The Civil City of South Bend by and through its Board of Public Works hereby releases and terminates all rights and interest in an easement retained by said City for water, sewer and drainage in a portion of Maplewood Avenue vacated by the City of South Bend, Indiana, pursuant to Vacation Resolution No. 3446, 1977, which portion is more particularly described as follows: A portion of Maplewood Avenue, beginning at the South right-of-way line of Progress Drive and the East right-of-way line of Maplewood Avenue, South 345 feet to the Southwest corner of Lot 27 in Post Place Addition; thence west 50 feet; thence North 345 feet; thence East 50 feet to the place of beginning. IN WITNESS WHEREOF, the members of the Board of Public Works of the City of South Bend, Indiana, hereunto set their hands and seals this 17th day of September, 1984. CITY OF SOUTH BEND, INDIANA BY ITS BOARD OF PUBLIC WORKS acHn E. Leszczyns i Richard L. Hill 1 Michael L. Vance ATTEST: an ra i. Parmer ee, Clerk 0 i STATE OF INDIANA ) ) SS ST. JOSEPH COUNTY ) Before me, a notary in and for the said County and State, personally appeared John E. Leszczynski, Richard L. Hill and Michael L. Vance, known to me and constituting the Board of Public Works of the City of South Bend, Indiana, who acknowledged the execution of the above and foregoing instrument as their free act and deed this 17th day of September, 1984. -San ra M. Parmer ee, Notary Public Resident of St. Joseph County MY COMMISSION EXPIRES: 0 This instrument prepared by Carolyn V. Pfotenhauer, Assistant City Attorney, City of South Bend, Indiana 46601. RELEASE OF EASEMENT The Civil City of South Bend by and through its Board of Public Works hereby releases and terminates all rights and interest in an easement retained by said City for water, sewer and drainage in a portion of Maplewood Avenue vacated by the City of South Bend, Indiana, pursuant to Vacation Resolution No. 3446, 1977, which portion is more particularly described as follows: A portion of Maplewood Avenue, beginning at the South right-of-way line of Progress Drive and the East right-of-way line of Maplewood Avenue, South 345 feet to the Southwest corner of Lot 27 in Post Place Addition; thence west 50 feet; thence North 345 feet; thence East 50 feet to the place of beginning. IN WITNESS WHEREOF, the members of the Board of Public Works of the City of South Bend, Indiana, hereunto set their hands and seals this 17th day of September, 1984. CITY OF SOUTH BEND, INDIANA BY ITS BOARD OF PUBLIC WORKS o E. Leszczy s Richard L. Hill r MicRael L. V nce ATTEST: 'Sandra M. Parmer ee, er . STATE OF INDIANA ) SS S T. JOS EPH COUNTY ) Before me, a notary in and for the said County and State, personally appeared John E. Leszczynski, Richard L. Hill and Michael L. Vance, known to me and constituting the Board of Public Works of the City of South Bend, Indiana, who acknowledged the execution of the above and foregoing instrument as their free act and deed this 17th day of September, 1984. Sajn�ra/) M.Parmer ee, Notary Pu is Resident of St. Joseph County MY COMMISSION EXPIRES: This instrument prepared by Carolyn V. Pfotenhauer, Assistant City Attorney, City of South Bend, Indiana 46601. a � ROM THE DESK OF . V SAIVVRI M. PARMERLEE, CLERK B&'md '06 Pubt is WO1tU E BoA "d Pubf-ic Satiety �..� 9/17/84 Carolyn, Sorry to dump this one on you. Attached is an executed copy of the Release of Easement I thought perhaps the rep. from Stanz Cheese that requested this should be sent a copy - since I don't know who that was, could you please forward this and cc: me? Thanks. Sandy F EASEMENT end by and through its Board of rminates all rights and interest in or water, sewer and drainage in a by the City of South Bend, Indiana, 3446, 1977, which portion is more ,enue, beginning at ne of Progress Drive line of Maplewood the Southwest Place Addition; ice North 345 feet; ie place of IN WITNESS WHEREOF, the members of the Board of Public Works of the City of South Bend, Iridiana, hereunto set their hands and seals this 17th day of September, 1984. CITY OF SOUTH BEND, INDIANA BY ITS BOARD OF PUBLIC WORKS ��O, 0, ,c- 4-3,� L (Toff n E, eszczy s i —Iichar L. Hi 1-1cae La.V a n cl i ATTEST: l CITY of SOIUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING RICHARD L. HILL CITY ATTORNEY THOMAS L. BODNAR CHIEF DEPUTY DAVID C. CHAPLEAU GREGORY D. LOUGHRIDGE JOHN M. MARNOCHA CAROL.YN V. PFOTENHAUER ROBERT C.ROSENFELD EUGENIA S. SCHWARTZ Mr. Clyde Geraghty, President Stanz Cheese Company, Inc. 1840 N. Commerce Drive South Bend, Indiana 46628 Re: Release of Easement Dear Mr. Geraghty, SOUTH SEND. INDIANA 48601 September 25, 1984 Attached for your files is a copy of the Release of Easement requested by your company by which the City releases its interest in the easement in a portion of Maplewood Avenue which has been vacated. Attachment cc: Sandy Parmerlee, CVP : dlm Yours truly, l Carolyn V. Pfotenh4izer Assistant City Attorney Clerk, Board of Works �j :� 2191284.9241 TO: FROM: SUBJECT: LEGAL DEPARTMENT INTER -OFFICE MEMO JOHN E. LESZCZYNSKI CITY ENGINEER THOMAS L. BODNA CHIEF DEPUTY CITY TORNEY RELEASE OF EASEMENTS DATE: APRIL 27, 1987 Earlier this month, Sandy brought to my attention two easements which had never been released because of differences with the St. Joseph County Recorder's Office. Attached are new releases which should not run into any problems with the County Recorder. TB/BPW/1 Attachments FP it BOARD OF PUBLIC WORKS qT w PEKE MEMO D AT E : April 22 , 198-7 TO: THOMAS BODNAR CHIEF DEPUTY CITY ATTORNEY FROM: SANDRA M. PARMERLEE, CLER�\ RE: UNRECORDED RELEASE OF EASEMENT - MAPLEWOOD AVENUE In response to your request for any information I might have in the 'Liles that would indicate when the original Easement in regards to Maplewood Avenue was recorded, I have been unable to find any mention of an original "Easement" having been recorded. However, I have located Vacation Resolution No. 3446, 1977 and a copy of a transcript of proceedings in regards to this vacation. A note on the transcript indicates that it was "recorded" on 1.0/4/77 (#7708867). As you know, whenever the City vacates, it usually does so subject to any and all utility easements. Perhaps that could be considered the original easement. For your information I have attached a copy of the Vacation Resolution and the transcript. Hope this information helps! Thanks smp 1k BOARD OF PUBLIC WORKS INTER ® OFFICE MEMO D ATE : Apri]L 3 , lg8'7 TO: THOMAS BODNAR CHIEF DEPUTY CITY ATTORNEY . 1 FROM: SANDRA M. PARMERLEE, CLERk`,\ RE: "OLD - UNRECORDED" RELEASE OF EASEMENTS I would appreciate your assistance with two (2) items still unresolved from the time Carolyn Pfotenhauer acted as the Board of Public Works Attorney. They are Releases of Easements which were never recorded because the Recorder's Office would not accept them until they contained information as to the book and page number of the original easements. Carolyn was going to check into these matters and add language to these Releases. This was never done. Anyway, I've been holding these Releases now since 1984 and would like to clear this matter up. For your information, I have enclosed copies of the two (2) Releases. Thanks! smp Enc. FROM; SUBJECT; CITY ATTORNEY ,S OFFICE INTER -OFFICE M EMO kRME RLE E -30ARD OF WORKS CAROLYN PFOTENHAUER ASSISTANT CITY ATTORNEY S EPTEMBER 10, 1984 BI'W AGENDA DATE; SEpTEMBER 12 1984 Attached you will find a Release of Easement requested by Stanz Cheese Company by which the City releases its interest: in the easement in a portion of Maplewood Avenlle which has been item should be on the September 17 agenda. Vacated. This Attachment cc: Richard Hill CVP:dIm