Loading...
HomeMy WebLinkAbout#1413- Deed; EASEMENT From Erskine Plaza Associates to City of South Bend (1 of 3)1413 ,asement 16Y 5 Ilaza Associates tb Bend Bowen Street 'IS w C LJ John E. Leszczynski Director, Public Works CITE' of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 July 27, 1987 Board of Public Works Rm. #1308, County -City Building South Bend, Indiana 46601 Dear Board Members: (219) 284.9251 On June 23rd the Board of Public Works received a bid for City -owned property at Bowen Street from Erskine Plaza Associates. I have completed review of the 'bid and would recommend that we accept the bid with the following conditions: 1. Erskine Plaza Associates deed to the City a parcel of property of 0.37 acres described in the bid. 2. Provide to the City a quit -claim deed from Place and Company and Andy Place in order to terminate any reversionary interest in the property the City currently owns. 3. Erskine Plaza Associates will install a 36" storm sewer outfall from City retention pond to High Street along with the necessary ease- ments and dedication of the sewer to the City. 4. Erskine Plaza Associates will excavate the City of South Bend retention pond and the property to be deeded to the City and improve the appearance of the pond in order to accommodate the storm water anticipated and currently handled as per and in accordance with the requirements determined by a Cole Associates drainage plan on file with the Board of Works. 5. Erskine Plaza Associates had previously agreed to construct a traffic signal at the inter- section of Ireland and High Streets. Two I of 27, Public Works 1987 The appraised value of the property offered by the City for sale was $11,000.00. It is my opinion that the cost of the conditions mentioned earlier would exceed the $11,000.00 appraisal price in value. The resultant retention basin would be better suited to handle storm water. Your favorable consideration is requested. JEL/mp Sincerely, John E. Leszczynski Director, Public Works APPROVED BOARD OF PHIM RM BOA CIF PUBLIC WOR K4 TO: JOHN E. LESZCZYNSKI, DIRECTOR PUBLIC WORKS June 25 1987 FROM: SANDRA M. PARMERLEE, CLER;� RE: OFFER TO PURCHASE CITY -OWNED PROPERTY - BOWEN STREET Attached for your review and recommendation is the offer to purchase the City -owned property at Bowen Street which was submitted to the Board on June 23rd by Erskine Plaza Associates. If I can provide you with any additional information or be of any further assistance to you in this matter, please do not hesitate to let me know. SMQ Enc. -- TRI-COUNTY NEWS "- - --- 3231/1 South Main Street Copy of Phone 289-2455 South Bend, Indiana 46601 Publication Print ROTICE TO BIDDERS PROF OF PUBUCA, D9H Notice is hereby given that the City of South Bend. Indiana, through its Board Of Public works, is State of Indiana, St. Joseph County, 5s: locating for sate the following parcel of real estate locoed Personally came before me, the undersigned, in South Send, Indians: A parcel of land being a part of the Southeast Steve Kollar, who on oath says that he is owner of the Quarter of Section 25. Tow nship37 North, Range East. City of South Bend. Centre Township, St. TRI-COUNTY NEWS; that he is authorized to make Joseph County, Indiana, and being more particular- ly dt,�ibedasfollows: this affidavit in its behalf; that the TRI-COUNTY Commenting at a point on the East line of said NEWS is a public newspaper of general circulation Southeast Quarter, a distance of 5$6.45 feet South 0-00'-00 East of the Northeast corner of said printed and published_in the English language in the Quarter Section; thence South 88-38'-01" West, along the South line of a parcel of land conveyed to City of South Bend, in the aforesaid county and state; the Civil City of South Bend, a distance of 450.22 that a notice of which the copy attached hereto is a feet to the place of beginning for this description; thence continuing South 88-38'-01' west, along said true and correct copy, was duly published in said South line, a distance of 359.38 feet to the Southwest corner of said City property; thence newspaper. North 0-00'.M" West, along the West line of said City property and parallel with said East line of the TWOS Southeast Quarter. a distance of155.00feet; thence time , the date of publication North W38'-0t" East, parallel with said South line of said City property. a distance of 260.00 feel; being as follows: thence South 39-00'-51" East, a distance of 157.83 feet; thence South 0.00.00" West, parallel with said �� E F & 12, 19�7 J East line of the Southeast Quarter, a distance of , , , , , , 30A0 feet to the place of beginning containing I.14 . . . . . acres more or less. A more detailed legal description of the property and specific information concerning the size of the Fee $ .... . pucel, public improvements thereon and the city's offering price are available in the Office of the Board of Public Works. Bids to purchase said puceI of property must be received in the Office of the Board of Public Works, - - - 1308 County -City Building, South Bend, Indiana, on I 2TH or before June 23, 1987, at 9:30 a.m. At that time. a determination will be made by the Board as to the Subscribed and sworn to before me this ........ sale of this property. BOARD OF PUBLIC WORKS Sandra DUNE, 1987 day of M. Pumerlee, Clerk 2t6-5,12 . . . . • . . • . - LINDA BLEICH, Notary Public Resident of St. Joseph County My commission expires: DECEMBER 21, 1987 ...... ............ .. (Seal) Charge@---------------------- NOTICE TO BIDDERS Notice is hereby given that the City of South Bend, Indi- ono, through its Board of Public Works, is offering for sale the following parcel of real estate located in South Bend, Indiana: A parcel of land being a part of the Southeast Quarter of Section 25, Township 3'/ North, Range 2 East, CNy of South Bend, Centre Town- ship, St. Joseph County, Indi- ana, and being more porticu- tarly described as follows: Commencing at a point on the East line of sold South. east Quarter, a distance of 556,45 feet Soutn o-00'-00" East of the Northeast corner of said Quarter Section; thence South 88-38'-01" West, along the Soutn line of o par- cel of land conveyed to the Civil City of South Bend, o distance of 450.22 feet to the place of beginning for this description; thence continu- ing South 88-38'01" West, along sold South line, o dis- tance of 359.38 feet to the Southwest corner of said City Property; thence North 0- 00'00" West, along the West line of sold City property and Parallel with said East Itneof the Southeast Quarter, a dis- tance of 155.00 feet; thence North 88-38'01" East, parallel with said South line of said City property, a distance of 260.00 feet; thence South 39. 00'-51" East, a distance of 157.83 feet; thence South 0. 00,00" West, parollel with said East line of the South- east Quarter, a distance of 30.00 feet to the place of be- ginning containing 1.14 acres more or less. A more detailed legal de- scription of the property and specific information con- cerning the size of the parcel,'. public improvements thereon and the city's offer- Ing price are available in the Office of the Board of Public Works. Bids to purchase sold par- cel of property must be received In the Office of ine Board of Public Works, 1308 County -City Building, South Bend, Indiana, on or before June 23, 1987, at 9:30 a.m. At that time, a determination will be made by the Board as to the sale of this property. BOARD OF PUBLIC WORKS Sandra M. Parmerlee, Clerk 2t: 6: 5,12 INVOICE No. 44$1 Cause No St. Joseph ------- _------------------- Court No---------------- - BOARD OF PUBLIC ''dORKS vs. PROOF OF PUBLICATION BY TRI-COUNTY NEWS NOTICE TO BIDDERS Of Notice of Filed - 19-- - ....... _.----- Clerk PACK PRI&& -IED- PY UgM-0 CO. Copy Of Publication print NOTICE TOBIDDERS Notice is hereby given that the City of South Bend,•jndlana, through its Board of Public Works, is offering for sale the following parcel of real, est¢te located in South Bend, Indiana: A parcel of land being a part of the Southeast Quarter of Section 25, Township 37 North, Range 2 East. City of South Bend, Centre Township, St. Joseph County, Indiana, and being more particular- ly described as follows: Commencing at a point On the East line of said Southeast Quarter, a distance of 556.45 feel South 0 '00'-00" East of the Northeast corner of said long the S uthQuarter Sn the Civil City of line of parcel of ftherCr South ond convey lI d to I South Bend, a distance of 450.22 feet to the place of beginning for this description; thence continuing South 88.3W-0l" west. along said South line, a distanee of 359.38 feet to the Southwest corner of said City property; thence North 0-00'-00" Wcst, along the West line of said City property and parallel with said East line of the Southeast Quarter, a distance of 155.00 feel; thence North 88-38%oi" East, parallel with said South line of said City property, a distance of 260.00 feet thence South 39.00%51" East, a distance of 157.63 feet; thence South O-Wi 0" West, parallel with said East line of the Southeast Quarter, a distance of M-00 feet to the place of beginning containing 1.14 acres more or less. A more detailed legal description of the property and spec information concerning the size of the parcel, public improvements thereon and the city's Offering price are available in the Office of the Board of Public Works. Bids to purchase said parcel of property must be received in the Office of the Board of Public Works, 1308County-City Building, South Bend, Indiana, on or before June 23, 1987, at 9:30 a.m. At that time, a determination will be made by the Board as to the sale of this property. BOARD OF PUBLIC WORKS ISandra M. Parmerlee. Clerk 20>-5,12 TRI-COUNTY NEWS 323'/; South Main Street Phone 289-2455 South Bend, Indiana 46601 PR(01'C3'F OF PUiSLaCC✓A7VDN State of Indiana, St. Joseph County, ss: Personally came before me, the undersigned, Steve Kollar, who on oath says that he is owner of the TRI-COUNTY NEWS; that he is authorized to make this affidavit in its behalf; that the TRI-COUNTY NEWS is a public newspaper of general circulation printed and published in the English language in the City of South Bend, in the aforesaid county and state; that a notice of which the copy attached hereto is a true and correct copy, was duly published in said newspaper, TWO g being as follows: time , the date of publication JUNE 5 & 12, 1987 Fee$.. 17•89... Subscribed and sworn to before me this 1.2?H day of ... .......... JUNE, 1987 L I NDA BL E ICH, Notary Public Resident of St. Joseph County My commission expires: DECEMBER 21, 1987 (Seal) Charges---------------------- NOTICE TO BIDDERS Notice is hereby given that the City of South Bend, Inds. ono, through its Board of Public Works, is offering for sale the following parcel of real estate located in South Bend, Indiana: A Parcel of Fond being a part of the Southeast Quarter Soufh� Bentl, CenSre Town snip, SS, Joseph County, Indi-I Ono, and Wing more Particu- larly described as follows: Commencing at a Point on the East line of said South- east Quarter, a distance of 556.45 feet South 0.00'-00" East Of the Northeast corner Of Said Quarter Section., Tong the South line of a Par. _el of land conveyed to the Ivii City of South Bend, a iistance of 450.22 feet to the dace of beginning for this Jescrlptlon; thence continu- Ing South 88.38'01" West, ]long sold South line, a dis- tance of 359.38 feet to the Southwest corner of said City Property; thence North 0- 00'00" West, along the West line of said City Property and Poral lei with said East line of the Southeast Quarter, a dis- tance of 155.00 feet; thence North 88.38'01" Edst, parallel with said South line of said City property, a distance of 260.00 feet; thence South 39- 00'-S1" East, a distance of 157.83 feet; thence South 0- 00'00" West, parallel with said East line of the South- eost Quarter, a distance of 30,00 feet to the place of be- ginning containing 1.14 acres more or less. A more detailed legal de- scription of the property and specific information con- cerning the size of the Parcel, public Improvements thereon and the citY's offer- ing Price are avoi lab�e in the Office of the Board of Public Works. Blds to purchase sold Par- cel of Property must be received In the Office of the Board of Public Works, 1308 County -City Building, South Bend, Indiana, on or before June 23, 1987, at 9:30 0.m. At that time, a determination will be made by the Board as to the sale of this property, BOARD OF PUBLIC WORKS Sondro M. Pormerlee, Clerk 2t: 6: 5, 12 INVOICE No, 1}l}a1 Cause No ------------------------- St. Joseph ------- -------------------- Court No. ----------------- BOARD OF PUBLIC WORKS VS. PROOF OFPUBLICATIIO�jN BY e� 1RX-COt�rJ1 IMTY EVVS MOTICE To BIDDERS OfNotice of -------------- ----------------------------- Filed-- ------------------------------------------, 19----. - ---- ---- ------ ------------------ Clerk Irma —EDOco- W"pw- State of Indiana NOTICE TO BIDDERS St. Joseph County BB: Notice is hereby given that the City of South Bend, Indi. ana, through its Board of Public Works, is offering for sale the following Parcel of real estote located in South Personally appeared before me, a notary public in and for said county Bend, Indiana: A parcel of land being a and state, the undersigned _ - - - - - - - - Carol Smith part of the Southeast Quarter - of Section 25, Township 37 North, Range 2 East, City of who, being duly sworn says that she is Of competent age and is South Bend, Centre Town- ship. St. Joseph County, Indi- ---1q„9J1 fed Man er ana, and being more particu- '----------- ------ ----__-- of The South Bend Tribune, larlydescribed asfollows: Commencing at apoint on a daily newspaper which for at least five (5) consecutive years has been the East line of said South- east Quarter, a distance of published in the City of South Bend, county of St. Joseph, State of In- East of thetNorthea t corner of sold Quarter Section; diana, and which during that time, has been a C o er news a general cir- thence South 88.38'-01" West, newspaper g along The South line of a par. the culation, haying a bona fide paid circulation, printed in the English ]an- Civil land of south Bend, a distance of 450.22 feet to the guage and entered, authorized and accepted b y the post office depart- place of beginning for this P 3 P P descriptlon; thence continu- ment of the United States of America as mailable matter of the second- along sold South line, a dis. lance of 359.38 feet to the class as defined by the Act of Congress of the United States of March 3 Southwest corner of said City i pproperty, thence North 0- j 00'00" West, along the West 1879, and that the printed matter attached hereto is a true copy, which I line of sold City property and parallel with sold East line of the Southeast Quarter, a dis- was duly published in said newspaper. Lance of 155.00 feet; thence North 88-38'01•• East, parallel 2 S with sold South line of said Clty property, a distance of'I _ - _ _ _ _ time _ _ _ _ _ _ , the dates of publication being as follows: 260.00 feet; thence South 39- 00'-51" East, a distance of 157.83 feet; thence South 0- June 5, 1987 & June 12, 1987 oaoo• West' St with said East line of the South- east Quarter, a distance of -- - - - - - - - - - - ------ --- --- -- --- -------- - -- - -- ----- - - - - -- 30.00 feet to the place of be- ginning containing 1.14 acres more or less. A more detailed legal de- scription of the Property and specific information can- - cerning the sae of the Parcel, Pubic 12 Therleon and the pc tr s offers he Subscribed and sworn to before me this - - - - _ day ins price areBoa d of in lie ----------------- Office oflneBoartlofPublic Works. Junta 87 Bids to purchase said Par- - - -' cet of Property must be 0f - - - - - - - - - - - - - - - - 19 - - - -. received In the Office of the Board of Public Works, 1308 t L CountY-City Building, South -- Bend, Indiana, on or before June 23, 1987, at 9:30 a.m. AT //. that time, a determination 1-r will be made by the Board as -- - - ` ---------------- to the sole of this property. IS. Sue Martin BOARD OF PUBLIC WORKS Notan Public Sondra M. Parmerlee, Clerk Resident of St. Joseph County 2t: 6: 5,12 My commission expires: February 22, 1991 $22.34 Charges---------------------- State of Indiana St. Joseph County ss. NOTICE TO BIDDERS Notice Is hereby given that the City of South Bend, Indi- ana, through its Board of Personally appeared before me, a notary public in and for said count)' Public Works, is otter ce for sale est following parcel of and state, the undersigned _ _ _ _ _ _ _ real estate located in South _ Carol Smith Bend, Indiana: - ' - - _ A Parcel of land being a who, being duly sworn says that she is of competent age and is of Secfh , 25, .wnrhorter of Section 25, Township 37 North, Range 2 East, City of; �- - - - - - - - - - - - _ _ _ of The South Bend Tribune, Sip, Bend, Centre Town -I Ship, St. Joseph County, Indi- a daily newspaper which for at least five (5) consecutive years has been fort and being more lows:partiu- laCommcribed as follows: Commencing at o Point on published in the City of South Bend, county of St. Joseph, State of In. the East line a distance of said South- east 556,45, Quar, of of feouth 0-00'-00" Iona, and which during that time, has been a newspaper of general sir- East oet f the Northeast corner Of said Quarter Section; culation, having a bona fide paid circulation, printed in the En lish lan- dfang the South linthence south South lin or West, e of p por- g Cal of land conveyed to the guage and entered, authorized and accepted by the post office depart- Civiln i of f Sout0.22 h Bend, a distament of the United States of America as mailable matter of the second- Place of beginning for finis descrlptlon: thence continu- ing South 88-38'01" West, along sold South line, a dis- c. ass as defined by the Act of Congress of the United States of March 3, tones of 359.38 feet to the Southwest corner of said City 1879, and that the printed matter attached hereto is a true copy, which Property; thence North 0- 00'00" West, along the West line of said City property and was duly published in said newspaper. Parallel with said East line of the Southeast Quarter, a dis- tonce of 155.00 feet; thence North 88.38'01" East, parallel time _ _g _ _ _ , the dates of publication being as follows: with sold South line of said City property, a distance of 260.00 feet; thence South 39- 00'-51" East, a distance of 57.8 1 - _ - - - - - - - - _ - _ _ - - 3 feet; thence South 0- June 5, 1987 & June 72, 19f37 57.8' West, parallel Witt, said East line of the South- ----------------------------- east Quarter, a distance of 30.00 feet to the place of be- ginning containing 1.14 acres more or less. A more detailed legal de- __ script ion of the property and - �- SPeCiric information con- cerning the size of the parcel, Vb1C improvements Subscribed and sworn to before me this _ - _ - _ _ _ - �_ _ _ _ - - - _ - _ _ - day ins Price a e available in the Office of the Board of Public Works. Bids to purchase said Par- --------------J19 _ S_ _ _ cel of property must be Of , received in the Office of the Board of Public Works, 1308 County -City Building, Sou1n Bend, Indiana, on or before June 23, 1987, at 9:30 a.m. At /G. L that time, a determination-- -'- ---``---`----- - _ - _ - - wlllbemade bythe Board as N. Sue Martin to the sale of this property. BOARDOF Notazr' Public PUBLII Sandra M. Partner WORKS Clerk Resident of St. Joseph County I 2t. 6: 5,12 My commission expires: February 22, 1991 Charges $ 2 2. 34 1 n q �.� . A.=o k..-:,� � � :<� y;:-e 1� :•-:s � n"`4' �.�. � �. try ¢ { i p ^Z •, yT 4' i : �'^-a:r.-a J .`-r_• �'•. y: fj ` '� ( 7 r -la 9 1987 To: Department of '_'ublic Works Department or Code En orcemer,t Department of Economic Development Department. of Public: Parkes -rom: Sanolra M. Parmer,se, Clerkti e: Request i�o PLtram.} 3se 'Ci tti-Oimed Propor-_y The Board, of Public "lorks hes received an inquiry 1J;1 regarc to the purchase o£ the City -owned property as described in the attached letter. T would appreciate your reviewing this matter and advising me if you feel. the should retain this property for any purpose. Thank you. IIJ r r r f` f SMP/mp P ppp, P, CT' 5-ESS 1 AN.' EV!'""R.ET A f eN`, q 'REAJiJTOPI-S COMMERCIAL & INVESI-MIENT DIVISIOIN May 18, 1987 Board of Public Works City of South Bend 13th Floor. County -City Building South Bend, IN 46601 HAND DELIVERED Dear Sirs: CITY O `O f E "A' �JLi:i ,.-. Erskine Plaza Associates, an Indiana general partnership, and Cressy and Everett Commercial Company, inc. hereby request that the City of South Bend oiler .for sale the following described real estate pursuant to Indiana Code §36-1-11-5: A parcel of land being a part of the Southeast Quarter of Section 25, Township 37 North, Range 2 East, City of South Bend, Centre Township, St. Joseph County, Indiana, and being more particularly described as follows: Commencing at a point on the East line of said Southeast Quarter, a distance of 556.45 feet South 0-00'--00" East of the Northeast corner of said Quarter Section; thence South 88-38'-01" West, along the South line of a parcel of land conveyed to the Civil City of South Bend, a distance of 450.22 feet to the place of beginning for this description; thence continuing South 88--38'-01" West, along said South line, a distance of 359.3E feet to the Southwest corner of said City property; thence North 0-00'-00" West, along the West line of said City property and parallel with said East line of the Southeast Quarter, a distance of 155.00 feet; thence North 88-38'-01" East, parallel with said South line of said City property, a distance of 260.00 feet; thence South 39-00'-51" East, a distance of 157.83 feet; thence South 0-00'-00" West, parallel with said East line of the Southeast Quarter, a distance of 30.00 feet to the place of beginning containing 1.14 acres more or less. Erskine Plaza Associates is the owner of property adjacent to and abutting the subject real estate and Cressy and Everett Commercial Company, Inc. is the developer of the property for Erskine Plaza Associates. SOUTH H EEND, 1NDIANA 466o1-21 1 1 -- 219 1239-4060 1 CITY ©f SOUTH BEND ROGER O. PARENT, Mayor DEPARTMENT OF ECONOMIC DEVELOPMENT 1200 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 219/284-9371 JON R. HUNT EXECUTIVE DIRECTOR ANN KOLATA DEPUTY EXECUTIVE DIRECTOR TO: BOARD OF PUBLIC WORKS FROM: DEPARTMENT OF ECONOMIC DEVELOPMENT RE: REQUEST TO PURCHASE CITY -OWNED PROPERTY BY ERSKINE PLAZA ASSOCIATES (RETENTION BASIN) DATE: MAY 27, 1987 Recommendation: Favor Action Do Not Favor Acton Comments: X The above mentioned property is not locatedwithin a Redevelopment Area, and there is no foreseeable plan which would include this property. Jon R. Hunt, Executiv Director JRH:cp REDEVELOPMENT COMMUNITY DEVELOPMENT HOUSING REHABILITATION HUMAN RIGHTS ANN KOLATA 8 BUSINESS ASSISTANCE KATHRYN BAUMGARTNER MARY E. ALLEN 284-937 1 DONALD INKS 284-9475 284.9355 284-9335 FISCAL 8 PROGRAM MANAGEMENT ELIZABETH LEONARD 284.9335 BOAR7OF PUBLIC WOO KS AW To: Department of Public Works Department of Code Enforcemen Department of Economic Development Department of Public Parks i From: Sandra M. Parmerlee, Cler�� Re: Request to Purchase City-04ned Property The Board of Public Works has received an inquiry in regard to the purchase of the City -owned property as described in the I'. .� 9 L_ D A P : May 19, 1987 attached letter. i would appreciate your reviewing this matter and advising me if you feel the City should retain this property for any purpose. Thank you. •stl�;t; � t kfUhijUu� t1�Y OF 4 C+u 1 tl HEN& 4 SMP/mp Att. rr J/ • ' � I COMMERCIAL 8< iNVESTMiENT DIVISION May 18, 1987 Board of Public Works Cite of South Bend 13th Floor County -City Building South Bend, IN 46601 JUND DELIVERED Dear Sirs: 0-y IVY �.., �I �• ��• ' 2A t! UTY vF 'SOUTH 0?=.;y0 Erskine Plaza Associates, an Indiana general partnership, and Cressv and Everett Commercial Company, Inc. hereby request that the Cit�Y of South Bend offer for sale the following described real estate pursuant to Indiana Code §36•-1-11-5: A parcel of land being a part of the Southeast Quarter of Section 25, Township 37 North, Range 2 East, City of South Mend, Centre ToFmship, St. Joseph County, Indiana, and being more particularly � U described as follows: kj Corru--nencing at a point on the East line of said Southeast Quarter, `J a distance of 556.45 feet South 0-00'-00" East of the Northeast corner of said Quarte_- Section; thence South 88-38'-01" West, along the South line of a parcel of -land conveyed to the Civil City of South Bend, a distance of 450.22 feet to the place of beginning for this description; thence continuing South 88-38'-01" West, along said South line, a distance of 359.38 feet to the Southwest corner of said City property; thence North 0-00'-00" West, along the Jest line of said City property and parallel with said East line of. the Southeast f Quarter, a distance of 155.00 feet; thence North 88-38'-01" East, parallel with said South line of said City property, a distance of 260.00 feet; thence South 39-00'-51" East, a distance of 157.83 feet; thence South 0--00'-00" West, parallel with said East line of the Southeast Quarter, a distance of 30.00 feet to the place of beginning containing 1.14 acres more or less. z� Erskine Plaza Associates is the owner of property adjacent to and abutting the subject real estate and Cressy and Everett Commercial Company, Inc. is the developer of the property for Erskine Plaza Associates. 227 SOUTH MAIN STREET -- SOUTH BEND, INDIANA 46601 -21 1 1 -- 219 ! 239-4060 0P CRESSY AND EVERETT, INC., REALTORS COMMERCIAL & INVESTMENT DIVISION May 18, 1987 Board of Public Works City of South Bend 13th Floor County -City Building South Bend, IN 46601 HAND DELIVERED Dear Sirs: LM MAY 18 1987 CITY OF SOUTH BEND DEPARTME-i`!T OF ENGINEERING Erskine Plaza Associates, an Indiana general partnership, and Cressy and Everett Commercial Company, Inc. hereby request that the City of South Bend offer for sale the following described real estate pursuant to Indiana Code §36-1-11-5: A parcel of land being a part of the Southeast Quarter of Section 25, Township 37 North, Range 2 East, City of South Bend, Centre Township, St. Joseph County, Indiana, and being more particularly described as follows: Commencing at a point on the East line of said Southeast Quarter, a distance of 556.45 feet South 0-00'-00" East of the Northeast corner of said Quarter Section; thence South 88-38'-01" West, along the South line of a parcel of land conveyed to the Civil City of South Bend, a distance of 450.22 feet to the place of beginning for this description; thence continuing South 88-38'-01" West, along said South line, a distance of 359.38 feet to the Southwest corner of said City property; thence North 0-00'-00" West, along the West line of said City property and parallel with said East line of the Southeast Quarter, a distance of 155.00 feet; thence North 88-38'-01" East, parallel with said South line of said City property, a distance of 260.00 feet; thence South 39-00'-51" East, a distance of 157.83 feet; thence South 0-00'-00" West, parallel with said East line of the Southeast Quarter, a distance of 30.00 feet to the place of beginning containing 1.14 acres more or less. Erskine Plaza Associates is the owner of property adjacent to and abutting the subject real estate and Cressy and Everett Commercial Company, Inc. is the developer of the property for Erskine Plaza Associates, 227 SOUTH MAIN STREET - SOUTH BEND, INDIANA 46601-2111 - 219 1 239-4060 60A% OF PUBLIC WORK Said property is located in an area roughly bordered by Ireland, Miami and Bowen Streets, and is currently a part of a retention basin. The assessed value of the entire 4.82 acre retention basin is $2,410.00. The parcel of property which is the subject of this letter consists of 1.14 acres, with a corresponding assessed value of $570.00. Thank you very much in advance for your favorable action with respect to this matter. Very truly yours, Erskine Plaza Associates J� By.— r' �►✓ Chri topher Wvey, Managing Partner Cressy and Everett Commercial Company, Inc. By LeJ 6 =q!2- Q-- - Rbbert E. Dunbar, r., Development Director REFERRED BOARD OF PUBLIC WORKS MAY 19 1987 AO DO 0 PU LSV _!C WORK,. n u `.1 0 n Fc-i _-n v9 E D AT E __May 19 , 1987 To: Department of Public Works Department of Code Enforcement Department of Economic Development Department of Public Parks From: Sandra M. Parmerlee, Clem Re: Request to Purchase City -Owed Property The Board of Public Works has received an inquiry in regard to the purchase of the City -owned property as described in the attached letter. I would appreciate your reviewing this matter and advising me if you feel the City should retain this property for any purpose. Thank you. SMP/mp Att. 0". SOLUTION NO. 12-1987 • a WHEREAS, the Board of Public Works of the City of South Bend, Indiana, has compiled a current tetailed inventory of a]_1 real property owned by the City of South Bend; and WHEREAS, the Board of Public Works has reviewed said inventory of real property and it finds that certain of the parcels of real estate now owned by the City of South Bend are not necessary to the public use and are not set aide by State and City laws for public purposes; and WHEREAS, the Board of Public Works finds that the property described below has an assessed valuation of less than p2,000.00, that the cost of maintaining that parcel equals or exceeds the estimated fair market value of the property, and that the highest and best use of the parcel is sale to an abutting landowner. WHEREAS, the Board of Public Works now wishes to take the necessary action to make it possible for the Board, in the future, to sell said parcel of real estate pursuant to State Statutes. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana: That the following parcel of real estate owned by the City is not necessary to the public use, is not set aside by State or City laws for public purposes, that the cost of maintaining said parcel equals or exceeds the estimated fair market value of the parcel and the highest and best use of the parcel is sale to an abutting landowner: A parcel of land being a part of the Southeast Quarter of Section 25, Township 37 North, mange 2 East, City of South Bend, Centre Township, St. Joseph County, Indiana, and being more particularly described as follows: Commencing at a point on the East .line of said Southeast Quarter, a distance of 556.45 feet South 0-00'-00" East of the Northeast corner or said Quarter Section; thence South 88-38'-Ol" West, along the South line of a parcel of land conveyed to the Civil City of South Bend, a distance of 450.22 feet to the place of beginning for this description; thence continuing South 88-38'01" West, along said South line, a distance of 359.38 feet to the Southwest corner of said City property; thence North 0-00'00" West, along the West line of said City property and parallel with said East Line of the Southeast Quarter, a distance of 155.00 feet; thence North 88-38'01" East, parallel with said South line of said City property, a distance of 260.00 feet; thence South 39-00'-51" East, a distance of 157.83 feet; thence South 0-00'00" West, parallel with said East line of the Southeast Quarter, a distance of 30.00 feet to the place of beginning containing 1.14 acres more or less. ADOPTED this / day of l,` r ;C .'_. -- 1987. OF PUBL ,C WORKS s J J-116 )E. Leszczynsk i Patricia E. DeClercq Michael L . Vance ATTEST: Sandra M. Parmerlee, Clerk rrdsrst�r %9� Taxing Unite •-,�?�`� Date F A CFNfPNT This Easement Agreement is entered into as follows: PARTIES: Erskine Plaza Associates ("Grantor") The City of South Bend, Indiana ("Grantee") DATE: September %-' 1987 rn R E C I T A L S Q 5 f�'. ((' - Z : xa The Grantor is the owner of certain real property described as follows (the "Servient Tenement"): 1. High Street: An easement for the purposes of vehicular movement, along, over and across a parcel of land being a part of the Southeast Quarter of Section 25, Township 37 North, Range 2 East, City of South Bend, Centre Township, St. Joseph County, Indiana and being more particularly decribed as follows: Beginning at a point of the East right-of-way line of High y Street, a distance of 368.44 feet, South 0-00'-09" West of the :ram intersection of the Northerly projection of said East right-of-way line with the North line of said Southeast Quarter; thence South 0-00'-09"West, along said East right-of-way line, a distance of 66.56 feet; thence South 89-59`-51" East, at right angles with said East s. right-of-way line, a distance of 30.00 feet; thence South 0-00'-09" West, parallel with said East right -of --way line, a distance of 30.00 feet; thence North 89-59'-51" West, a distance of 30.00 feet to said East right-of-way line; thence South 0-00'-09" West, along said East right-of-way line, a distance of 70.00 feet; thence North 89-59'-51" West, a distance of 60.00 feet to the West right-of-way line of said High Street; thence North 0-00'-15" East, along said West right-of-way line, a distance of 166.56 feet; thence South 89--59'-51" East, a distance of 60.00 feet to the place of beginning. 2. Bowen Street: An easement for the purposes of vehicular movement, along, over and across a parcel of land being a part of the DULY ENTERED FOR TAXAT(04 BEVERLY D. CRONE AUDITOR ST. JOSEPH CO. INDIANA Southeast Quarter of Section 25, Township 37 North, Rage 2 East, City of South Bend, Centre Township, St. Joseph County, Indiana, and being more particulary described as follows: Beginning at a point that is 738.76 feet South 0-00'-00" East, as measured along the East line of said Quarter Section, and 420.10 feet South 90-00'-00" West of the Northeast corner of said Southeast Quarter; thence South 0-00'-07" West, a distance of 60.00 feet; thence South 88-35'-27" West, along the South right-of-way line of Bowen Street, a distance of 120.00 feet; thence North 1-24'-33" M est, at right angles with said last described line, a distance of 60.00 feet to the North right-of-way line of said Bowen Street; thence North 88-35'-27" East, along said North right-of-way line, a distance of 61.48 feet; thence North 1-24'-33" West, at right angles with said last described line, a distance of 30.00 feet; thence North 88-35'-27" East, parallel with said North right-of-way line, a distance of 30.00 feet; thence South 1-24'-33" East, a distance of 30.00 feet to said North right-of-way line; thence North 88-35'-27" East, along said North right--of-way line, a distance of 30.00 feet to the place of beginning. The Grantee is the municipal corporation within whose boundaries is located the Servient Tenement. Grantee operates various street cleaning, maintenance and snow removal services throughout the City, including but not limited to High Street and Bowen Street, two of the streets leading to the entrance of Grantor's shopping center. The Grantor and Grantee desire that both High Street and Bowen Street be cleaned, maintained and kept free of snow and ice. In order to do so, it is necessary for Grantee and its employees, agents or sub -contractors to have access to a vehicle turn around area on the Servient Tenement. The Grantee desires to acquire certain rights in the Servient Tenement. APPROVED BOARD OF PUBLIC WORKS C', r . . ... ........ .... ........ ...� ,c Fct e.! C, • V ice(' A G R E E M E N T In consideration of the mutual promises contained herein, and for other good and valuable consideration, the parties agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee in perpetuity easements as hereinbefore described for its benefit for the purpose of providing vehicular ingress and egress to its employees or agents and their vehicles and tools. 2. Exclasiveness of Easement. The easements, rights, and privileges granted herein are nonexclusive, and Grantor reserves and retains the right to convey similar easements and rights to such other persons as Grantor may deem proper. 3. Grantor's Rights and Obligations. Grantor retains, reserves, and shall continue to enjoy the use of the surface of such property for any and all purposes which do not interfere with or prevent the use by Grantee of the within easement. 4. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect. Any modification of this Agreement must be in writing and must be signed by the party to be charged. 5. Attorney's Fees. In the event of any controversy, claim, or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees, and costs. 6. Binding Effect. This Agreement shall bind and inure to the benefit of the respective parties, personal representatives, successors, and assigns of the parties hereto. Executed on the day and year first above written. GRANTOR Erskine Plaza Associates By: 4 z✓ 41 Christopher Davey, Its: Managing Partner GRANTEE The City of South Bend, Indiana Its:- BOA - ­RD STATE OF INDIANA ) 1O' 7 S S : ST. JOSEPH COUNTY ) r Before me the undersigned, a Notary Public for St. Joseph County, State of Indiana, personally appeared Christopher Davey, the Managing Partner of Erskine Plaza Associates and acknowledged the execution of a the foregoing instrument this 10thday of September, 1987. 0- �:�.�-SAY. �ys.s�:etzExpires: •'�y:4 t�,P:' r 23 , 1987 ST OF INDIANA ) SS: ST. JOSEPH COUNTY ) Dianne M. McLemore, Notary Pu lic Before me the undersigned, a Notary Public for St. Joseph ezc; z %NS,C (�r?7nICIA C, I�ti C'CE1�f'Ci1 � State of Indiana, personally appeared _ n,ry,�eL L_. i,�I�AJCr_ , t 6pej�) of LiaP.t-. of the City of South Bend, Indiana and County, the acknowledged the execution of the foregoing instrument this %-r day of September, 1987. �7',�f��' fi�PQt-�P;,5=-Notary Public ��aa'• ' ( �' S Ni D� .ST. f Cb. $- % !LE JAI �P / Key `iG _n Expires. ,is irnst'rument was prepared by Michael C. Murphy, of Kramer & Murphy, 'C., 205 West Jefferson Boulevard, Suite 200, South Bend, Indiana, 01; 219/233-8275. ie ST. Jos!--Pfi Co. FILLED SEP 16 2 FILM