HomeMy WebLinkAbout#1413- Deed; EASEMENT From Erskine Plaza Associates to City of South Bend (2 of 3)1413
Easement
From Erskine Plaza Associates
To City of South Bend
High Street & Bowen Street
See Descriptions
June 22, 1987
HAND DELIVERED
Mr. John E. Leszczynski
Director
Board of Public Works
City of South Bend
County -City Building
South Bend, IN 46601
d"r
CRESSY
= EVERETT
COMMERCIAL COMPANY, INC
RE: Offer to Purchase 1.14 Acres of City Property per
Legal Description indicated below
Dear Mr. Leszczynski:
Please accept this offer to purchase the City owned property
described as follows:
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 00-00'-00" east of
the northeast corner of said quarter section; thence south
88-38101" 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 00-00'00" 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 88-38101" 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
00-00'00" 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.
P.O. Box 4666
113 2S. Man
South Bend,
466. Indiana 46634-4666
2191239.4060.219/674-9539.6161683-1994
REALTOR")
Of
Our offer includes the following items:
I. Based upon the City's appraisal of the above described
property, we are willing to exchange our 0.37 acre parcel
described below, immediately adjacent to the City of South Bend
retention pond, for the above described 1.14 acre City parcel.
The value of our parcel is $28,409.00, based upon your appraisal
of $55,000.00 per acre for land in that area. Ir_ addition, our
parcel has a parking lot on it which, based upon our real estate
experience, is valued at $.50 per square foot. Therefore, our
parcel is valued as follows:
0.37 acres x $55,0o0.00/acre =
$20,350.00
0.37 acres x 43,560 sq. ft./acre x $.50/sq. ft. = $ 8,059.00
Total value our parcel =
Legal Description
$28,409.00
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 0-00100" 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
809.60 feet to the Southwest corner of said parcel; thence
North 0-00'-00" West, along the West line of said parcel and
parallel with said East line of said Southeast Quarter, a
distance of 155.00 feet to the place of beginning for this
description; thence South 88-38'-01" West, parallel with
said South line of said South Bend's parcel, a distance of
95.26 feet; thence North 0-00'-00" East, parallel with said
East line of the Southeast Quarter, a distance of 170.95
feet to the South line of a parcel of land conveyed to
Standard Federal Savings and Loan Association; thence North
88-37149" East, along said South line, a distance of 95.26
feet to the West line of said land conveyed to the Civil
City of South Bend; thence South 0-00'-00" West, along said
West line, a parallel with said East line of the Southeast
Quarter, a distance of 170.96 feet to the place of beginning
containing 0.37 acres more or less.
Subject to any easements, covenants or restrictions of
record.
II. We have secured, at our expense, a quit claim deed to the
City of South Bend from place and Company and Andy Place in order
to terminate any reversionary interest to
property you would be trading to us. We
the City with this documentation in
above mentioned 1.14 acre City parcel.
the Place heirs for the
are prepared to provide
the event we acquire the
III• Erskine Plaza Associates, as contingent Purchaser of the
contiguous property, is willing to, at its expense, install a 36"
storm sewer outfall from the City retention pond to High Street;
provide an easement to the City for the storm sewer; and dedicate
the storm sewer to the City of South Bend for the purpose of the
City maintaining said storm sewer.
IV. Erskine Plaza Associates, as contingent Purchaser of the
contiguous property, is willing to, at its expense, excavate the
City of South Bend retention pond and improve the appearance of
the pond in order to accommodate the storm water run off caused
by our project, as well as satisfy the requirements previously
determined by Cole Associates' drainage plan in conjunction with
the by-pass project south of our proposed community shopping
center.
V. In addition to the above four items, Erskine Plaza
Associates, at its expense, is going to place a traffic signal at
the intersection of Ireland and High Streets to help with the
volume of traffic on Ireland Road.
In light of the above, and the importance of this 1.14 acre
parcel to the success of our project, we feel that our offer will
be of significant benefit to the City of South Bend in exchanging
the 1.14 acre parcel they currently own for our 0.37 acres.
Sincerely,
ERSKINE PLAZA ASS CIATES
Christopher Davey
Managing Partner
CRESSY AND EVERETT COMMERCIAL
COMPANY, INC.
Robert E. Dunbar, Jr.
Development Director
CD:dm
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and EVERETT
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res of City Property per
ad below
o purchase the City owned property
part of the southeast quarter of
North, Range 2 East, City of South
Joseph County, Indiana, and being
ed as follows:
w m the east line of said southeast
.6.45 feet south 00-00'-00" east of
said quarter section; thence south
ie south line of a parcel of land
City of South Bend, a distance of
of beginning for this description;
i 88-38101" west, along said south
38 feet to the southwest corner of
nce north 00-00'00" west along the
)party and parallel with said east
carter, a distance of 155.00 feet;
.3t, parallel with said south line
a distance of 260.00 feet; thence
fiance of 157.83 feet; thence south
h said east line of the southeast
7 feet to the place of beginning
or less.
P.O. Box 4666
113 end S. Main Sheet
South Bend, Indiana 46634-4664
LREALTO R" 2191239-4060.21o/674-9539.616l683-1994
.16
�ITY of SOUTH BEN
ROGER 0. PARENT, \Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46801
BOARD OF PUBLIC vIVOR.KS
June 15, 1987
John E. Leszczynskl
Patricia E. DeClercq
Michael L. Vance
MR. CHRISTOPHER DAVEY, MANAGING PARTNER
MR. ROBERT E. DUNBAR, JR., DEVELOPMENT DIRECTOR
ERSKINE PLAZA ASSOCIATES
c/o CRESSY AND EVERETT, INC. REALTORS
227 South slain Street
South Bend, Indiana
Dear Mr. Davey and Mr. Dunbar:
The City -owned property indicated below in which you have
expressed an interest in purchasing has been approved for
sale and has been appraised at $11,000.00.
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:
2191284-9412
Commencing at a point on the East lane 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.
In accordance with state statutes, offers to purchase
the property trust be received in the Office of the Board
of Public Works, 1308 County -City Building, South Bend,
MR. CHRISTOPHER DAVEY, MANAGING PARTNER
MR. ROBERT E. DUNBAR, JR., DEVELOPMENT DIRECTOR
ERSKINE PLAZA ASSOCIATES
June 15, 1987
Page -2-
Indiana, on or before Tuesday, 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.
Therefore, if you are still interested in purchasing the
property, please submit your offer in a scaled envelope on or
before Tuesday, June 23, 1987 at 9:30 a.m.
In the meantime, if you have any questions, please do not
hesitate to contact this office.
Sincerely,
BOARD OF PUBLIC WORKS
1�' 7� �l/L hJ �✓L.�l � J
Sandra M. Parmerlee, Clerk
srLp
Enc.
NOTICE TO BIDDERS
Notice is hereby given that the City of South Bend, Indiana,
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 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; Lhence
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.
A more detailed legal description of the property and specific
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, 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
Publish two times:
June 5th & 12th, 1987
TO:
DEPART+,QtJ,' OR D
0
CITY OF SOUTH BE -ND
COUNYY C:t'Y BLDG.
0
C_rk3M Pri.
C
IL
_4,, ..'e, -ay
4 ZI a—d.
CENTRAL our",sIAS;*40 offf"g.
-1 1 . —K P1.0"
IIArrs ancl Descnpl,or
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oaj
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4 -55 "A 7F9
"o 9 1, M,:? 1hr. OJINouni do,mtd'
i-e 4T1ff 110 :w vecW'. ani tt,pi •<,. mar 0 -No, pa,d
A141OVED P—ho—Q OX46 Do.
D.
�! Hf nfingtoo & Associates [ham
s Real Estate Investors & Analysts
1520 North Ntain Street �. Mishawaka, Indiana 46545 a 219/255-2130
I N V 0 I C R
June 11, i9e,7
M-s Sandra Parme_^lee, Clerk
Board of Public Works
City of South El -end
1300 CaAnty-City Building
South Bend, IN G 6c0a
R.P: Bagen Street Retent-i.on Basin - Part SoJd to Erskine --oci.ates.
For the preparation of an app_►�aisai of the above real
proiperty:
F:.eld Work -- 3 hours @ $50.00 . . . . . . . . $150.00
Research/Writing -- 8 hours �ti $40.00 . . . . . $320.00
Total. Due $z70.00
Thank you for the opportunity to serve you.
Sincerely,
B. DAVID I-UNT7_�
ON G� ASSOCIATES, INC.
I �
Bruce D . Huntington, Pres.
0 [nvesErnent Analysis aFeasibility SEudies 0 Iv[arket Analysis a Project Planning
F. RICHARD KRAMER
MICHAELC MURPHY
REBECCA mOYT FISCHER
PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
SUITE 200
205 W. JEFFERSON BLVD.
SOUTU IIFND, IN DIANA 40601
September 11, 1987
�r
219-233.8�75
Thomas Bodnar, Esq.
South Bend City Attorney's Office
14th Floor
County City Building
South Bend, 1N 46601
• RE: Erskine Plaza Associates
Dear Tom:
Enclosed please find a form of release of water and sewer
easement. The purpose of this easement is to release those public
utility easements granted to the City which were located under the
previously vacated portions of High Street and Bowen Street.
if any changes need to be made to this release of water and sewer
easement or ;_4 any additional documents need to be provided to the
Board of Public Works, such as a resolution, please advise.
Please have this matter set for the September 15, 1987 meeting of
the Board of Public Works.
Thank you for your attention: to this matter.
Very truly yours ;
Michael C . Murphy
MCM:wh
Enclosure
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T - -- --- — _ andL V t�EI 1
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COMMERCIAL COMPANY. 01C.
1�
September 9, 1987
Mr. John i. Leszczynski
Board of Public Works
C:tv of South Send r-,LEt' ;' �.'��+�! ND ^
County y Blau.
South Bend, Indiana 46601
^E : CITY "'RUCK TURNAROUND EASEMENT
ERSKINE PLAZA SHOPPING CENTER
Dear Mr. Leszczynski:
As discussed over the course of our project development plans for
Erskine Plaza, we are granting the city an easement over vacated
portions of High and Bowen Streets or the purpose of truck
turnarounds.
Enclosed please find the easement prepared by Mike Murphy, based
upon his discussions with Tort Bodnar, Please approve this
easement and have it approved at the September 15, 1907, Board of
P•wa� _c Works meeting so 'chat rye can record the street vacations.
you. have anv questions, please contact me.
Sincerely,
14-1v C, - - t . �-
Robert E. Dunbar Jr.
Development Director
REDjr:1b
Enclosures
PO. Box4666
227 S. Main Street
South Bend. !ndiono 46634-4666
2191239.4060.219/674.9539.6161683.W94
REALIOPO
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Replat of a part of Lot A in Horoh
Part of the Southeast Quarter of
Range 2 East, City of South Bende�
Indiana. �th
—1RELAND—ROAD
£.1/4 ear. See. 25, ,
T. 37 M., R. 2 E, of
0
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�S�RIPTIO�1
A parcel P-U
Flynt Addition.
'r. n h1P 77 NO y�
-r—hip;, et• somT
peibeC d Lel
eev
bell nnl ng� kcu
shovn on na k d B,
Book 20. Page t k ta,
County, Indiana: 0 t
oald Lot 'A" lie,
right -
ol
along Wald SaV tr f
a Point of cur+ a t
right having a r B"�
ertd limited in
80-40--18^ Eaot: i ate
l cet along the .1 of
Went. a distance-O",;� r
the place of bM di 1Sn50al
sub}ect to �%I �nc, 'ecC
1 on'
nrpn pF ❑MICATI am
'Iroi
,
The underh Sul
shwn and de-
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r
aald real 'at
a
5ubdlvlslon Dealn be Known ad de
right
s-cf-uay. f
and not heretolc
the L-JCO "es lgna _
aotabi IMhed eee to
right -of - v 11 laic
makntalnd no bu S(p.
on thlrl Plat ant b
unes by the Pul.
lnntallation of �•\-o•I
vl ras, ea
drain— Pllbl
deve 1 opmen t sub.l, al
the eanement her/ I at
to be erec icd orb
of lots In thlo ed
r l9htn of the pl ;,.atthe other Iota I Qat
._b+l re
taee
CfdNpRn f'FRTiF11 r er
Ite
Thl3 I9 t the
i e _ the —ner
Caused the same
for the us.v
acknovl edge and
Indkcated.
cai
.on
ki! Idred R. Wldr, yarn
719 Wl de ner Lane Vnd
South Bend.
i
ENE j
11 ien 1 j
PURSUAt..r TO INDI SIB 8Ci
SUBDIVISION REPLIAN.
COIiSIDERED AND G'hS�
CORNISSION or ST.
DETERMINATION WA -AT .,y.
SET FORTH IN TR:�Vai.
IND I hNA, AN!) T&
OF APPEAL IIA.S BEEF
IN W1TNE55 WRLRfl�j
ILEREUF'ON: �.
SECRETARY OF TR8 Ci
R. S. JOHNSON
•
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b73.130. -
Replat of a part of Lot A in Harold C. Widener's First Addition, Unit
Part of the Southeast Quarter Of Section 25, Township 37 North,
Range 2 East, City of South Bend, Centre Township, St,JOseph County,
Indiana.
IRELAND—ROAD
E, 1/4 Car. Sea 25,
T. 3 TN., R. 2 E. tev
rd
for
Hildred R. Widener
719 Widener Lane
South Send, Indiana 46614
n_ FSCRUala -L
A parcel of land being a part Lot A In Harold C. Widener'.
First Addltlon. Unit 'A' In the Southeast Ouar Ler of Section 25.
Township 37 North, Range 2 East, City of South ➢end. Centre
Tor-nshlp, St. Joseph County. Indiana and being more particularly
described as follows=
Beglnning at the Southwest corner of Lot 'A' as the came Is
shown on said Wi dener'* First Addition. Unit 'A' recorded In Plat
Book 20, Page 'W-3A' In the office of the Recorder of St. Joseph
County. lndlana: thence North 1-05'-55' West. along the West ]Inc of
said Lot 'A'. a dl stance of 165.56 feet to the Southerly
rlgh t-ol-way Ilne of Widener Lane, thence North 66-17'-00' East,
along sold Southerly right-oi-way line, a dl stance of 99.15 feet to
a point of curvature; thence Southeasterly along a curve to the
right having a radius of 317.19 feet, a central angle of 26-05'-22'
and ilmlted In length by a chord of 143.19 feet Ghat bears South
SO-40'-ia' En*t; thence South I-OS-55' East, distance of 137.22
feet along the East line of said Lot 'A'c thena ce South 87-14'-23'
West, a distance of 239.99 feet along the South line of said Lot to
the place of beginning.
Subject to any easementm, covenants or restrictions of record.
nEPn OFF OFUTCATinN: .
The underoioned.Hltdrod R. Widener, owner of the real estate
shown and tlemcribed herein, do hereby lay off, plat and subdlvlde
Bald real estate in accordance with the requirementc of the
Subdivision Ordinance of South Bend, Indiana. This aubdlvlslon shall
be known and designated as HILORED'S REPLAT- All mtreata, alleys.
rl ght0-of-way, future roadway easements and Public open spaces shown
and not heretofore ded leatco are hereby dedicated to the public for
the uses dos lgnated herein. Front bultding setback Imes are hereby
eotabl ishe❑ as shown on this plat, between which I Ines. and the
right -of -way I .es of the streets there shall be ereeted or
ma letained no bufiding or structure. The areas of ground de*19nated
on thl0 plat ano marked 'easement' are reserved for the designated
uses by the nuol ld utijitle*. Inc l uding but not Ilml tad to the
l notallatlon of water and sewer mama, poles, duct=. Imes and
wire*. oralnaV C,1 f&cIIIt le*, antl oceans
for
prevent or future
dove l opment b.lret at all time. to the proper ..Lh.rILIe6 and to
the casement her'•In ra rrved. No permannent or other strGcturas are
t0 be erected or mafnta kneel
upon Bald easements of land, but ownars
of lots In this subdl vision Bhall take their titles subject to the
rights of the public utll it Ies and to the rl ghts of the owners of
the other lots in this subdlvlolon.
CAT I O`d .
7hla is to certify that the unde reigned, Mildred R. widener•
the owner aT the land do earl bed In the Plat herein and have
cau.ad the came to be surveyed and subdivided as Indicated thereon
for the uses and purposes therein net forth, and do hereby
aeknouledOe and adopt the plat under the style And title thereon
Indicated.
Hl Idred R. Wl dener
719 Wl dener Lane
South Bend. In. 46614
rcoTe Pfr_1.TP. nP IEEE OVAL
PURSUANT TO INDI01A CODE SECTION 36-7-41 THE 3ERSIGNED CERTIFY THAT THE
SUBDIVISION REPLIT Of It&J ^ n A 'C JE!p WAS
COtISIDERED AND GRANTED SECONDARY APPROVAL BY THE STAFF OF THE AREA PLAN
CONMISSION of,S7. JOSEPH COUNTY, INDIANA, ON «-T2�1-7'_ Z?_,J`iS:7 AFTER THE
DETERMINATION N,y° FADE :HAT THE SUBDIVISION REPLAT COMPLIES WITH THE STANDARDS
SET FORTH IN THE SUBDIVISION CONTROL ORDINANCE OF THE CITY OF SOUTH BEND,
INDIA:tA, Alva THAT THE TINE PROVIDED FOH APPLkL HAS EXPIRED. OR THAT THE RIGHT
OF APPEAL HAS BEEN WAIVED, IN WRITING, BY ALL INTERESTED PARTIES.
IN WITNESS WHEREOF, WE HAVE ATTACHED OUR SIGNATURES AND Tile CO,"ISSION'S SEAT.
HEREUPON:
.g Chi.
_pr ' f',�'
SECRETARY OF THE COliMii[EE r�l5f-.L o /;If21fiN OF THE •YM ITTEI;
R. S. JOHNSON (�O CW11 R. M1 N, •L.A
ti.
Fd E:
Fa W t, J
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STATE OF INDIAIIA
SSI
COUNTY OF ST. JOSEPH
Before me, the undersigned Notary Public, In and for sald
County and State, personally appeared Hildred R. Widener and each
separately and severalty acknowledged the execution of the foreCoing
instrument as their voluntary act and deed for the purposes therein
met forth.
19Q7.
Wltness my hand and Notorlal Seat this loth day of Septemeor.
Hy comnl*slwr expire iC1 ,�eR1: aU+„�;
u =L1' Q/4-
�f
IJotary Publ1 one' Boyer , J
Notary Js e,' col erns of St. Joseph County. Indiana.
3
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t
/, J. Dernartl Forney. hereby certify that I am a Land Surveyor.
3lcenaed In eon:pl lance owl th the laws of the State of Ind l one; that
this plat correctly rapresents a `survey completeo or certified by me
on September 9, 1957; that the locatlon, size. type and material of
all monuments are accurately shown, ar.d that the monuments owl II be
Installed in aecarclance •mil th the provisl ans of :he Subdlvlsl or.
Or Wanda of South and. lndlana.
J. Bernard Feeney �'�'•'t
Registered Land Surveyor S 0309
hurt Urn
+1
Scale: 1-•50'
r eer.t�
Long, Feeney & Associates, Inc.
5 S l Street
_ I
SOU"n nenc, ;.nO,ana 46676
phone (219) 733-784'
!and Surveying
St. Jostrti .c
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PURSUANT dT .9Ydi
SUBDIVISION D ]or IAAA C ¢ ECrION I6_I-',
CONSIDERED MID CRANED THE UFDERSIGHED RTIFT THAT THE
PLAN C'OMiI$SIOM SE HDARY � Z HAS
M.L70R1'TV OF THE OMEHST' Jo H W T CO 5I7-I'EE OF THE AREA
MADE THE DETERM1KATIOH�iHAr a p0,�'COh'DIARA,TON PLA •A" THAT A
SEI' FORTH TN 7AE SOil T SAID SU'MITTEE Coticu IN THF. APPROVAL AND
I MDIARAI AN'p 7HAT THE TIMCVpPOVIDED F R0L 00•DII SIO;1 COM TTE CITYROFH-'GUTH SENDTANDARDS
IH WITNESS HHEREOF, APPPAL HAS.EX O'tED.•
HEREUPON: He HAVE ATTACHED
C SIDHATi '$ AND THE COiv1I SSION'S SEAL
it. S. ART OP TH6 C0fl[ITTEE
JoRtfsom
l.;' R, MCRA%ARAr
ate "' •, �, o
'. .
DULY 1-"i
coo°iuDuws
� Jou'�I
LEGAL DESCRIPTION
A parcel of land beingt
Of South Bend, St. Jos a part o1 the Soulhw}
Beginning eph County, Indiana an quarter of Seeticr, lq �J nning at a point on the Easterly d being mere Dart- .arf ,br'nshiD 37 tYsrth, fan °
Recorder oT St. Joseph County,
line d Ri 1 - crited as toitow; g- 3 East,
Ta
P,egime as record'd c, Indiana, said beginning
South Addition as reccrd ru: �]"• iownsh'D Cltf
fe-t under document n inning point being the %tAllw in Plat ttoo'c 22 Pa
Edit of the Southwest corner of sad Srutnw�16 es},n said Reeorde•r' , . esteTly corcler d E qe "R"
Ridgedale South Addition a distance of s ot,ce i In the ntfice d
Quarter o1 Section l4'. th �'�yb?9�nrinq xint oeir,e gowns In
Progert!
East, a distance Of 128.W feet; thence North feet; tnence tArth 8g•-; .- �Lnt 3T - '.At, 9 p+3 to>f `1crt� 4IN, T11L-n
line of Erskine A'� �' Si" Fast, a distance of Fist, A dist,ncE - flea, "Iona sa:. E2„etr 'PV1 d
4ndr, Section One, being &Cument number 228.50 feet.. thence $oW 19 °t: ih s"' South p•_ feet to a WMerfy fine Of said Erskine Downs; thence for the �s%i�u�z'sSt.lnceorlg the County p•m as 25" bst' 41,XA a law. Property jive, the lust of which is South 7O° I3' 3C" W Pcf said cYlc='' a c:stan� 125 rm Orlh feet; thence South 73°-33'-53" VYest, a distance rr 131�92 feet thencOf e Seuh fe t'32MC W said Erskine Usarns t�I izOn�l
Fbtih 75° OD' S1" West, a distance of 155.00 feet; thence North131.9 g2•-' >�25,, West, 14• ' ce
�" East, a d4'!3rice a
containing 4.3S2 acres more or Jess. '6`S5" eYest, a distance of 2 Q61 feet, the place e1 beginnlence
Subject 10 oasements, covenants and restrictions of retard.
DEED OF DEDICATION
We the undersigned SISTERS OF TILE HOLY CROSS, INC, owners cf the rz!
Plat and Subdivide said real es ate in acwrdar.ce with the requirement c"he 5 •? ,•'a`` Shown an.. dscri� r,
INDiAfiA. T~k subdivision shall be known and designated as ERSKINE hiANOR,'SE�IQrI 3• Ali sir=_ rrJn, her�=rlay aY
uwty s dr Orcinanv .I �r „�H dy:3, J
raadlsTy easement and public open spaces shown and not heretofore dedia dam, � Igt herein. Front building setback lines are heretlf cst2,1i0ed ayShv,. ,- S
try fine of the street isl, there shalt be erected or maintatn~I no tulfdfng c" ,.-i•.; ' art marked as 'Taasements", are reserved Jar the designated uses : public uriliiis, . ~ of water and sewer mains, poles, duct;, lines and wires, drainage facilities, and actor, pry r�t or t I r all times to the proper authorities and to the ear=ment hereiyrieserved_ No permanent or vier s,ruct re a, b �; erg ,L''i
bined upon said easements of land, but owners Of tots in this subdivision shall take their titles subject t0 the rights the W.I;c
utilities, and to the rights of the owners of other lots i0 ihis subdivision.
OWNERS' CERTIFICATION
This is to certify that the undersigned are the owners of the iand�described In the peal herein, and that they haV, ceua � j,
same to be surveyed and subdivided as..tfidicated thereon, for the uses and purposes therein set forth, and C7 hereby yck teat and adapt the plat under the style Arid title thereon Indicated.
y
SISTERS OF THE HOLY O6Ss, IA'C, •r_ ;f ���_ i
SISTERS OF THE HOLY CROSS GENERALATE Si}tar N Bryida, C.S.C.
WTRE DAME, INDIA.W 46556 Ass! I t Secre'ary,
Dated this Mth dAy Ot April, 1983. i„tea -, iiij
NOTARIZATION -STATEMENT
STATE OF I? IAfb6
COUNTY OF ST. JOSEPH)
$T :aSiPh :0- INC4I.A
Before me the undersigned notary pu c, in and for the County and State, person y ar.osarfd ��� n S•�;1 i
and $ ratehy acknowledged the lorecofng insftment as her voluntary act and &-ed for the
purposes therein expressed.
i
Witness my hand and notarial seal thts�Lday otcv�l, 83.
' =:1� pe° rotary Public
Aty commission expires ?r�—�� a.:dl,i�� A resident of St. Joseph County, Indiana
LAND SURVEYOR CERTIFICATE ,
\
I, J. Bernard Feeney, hereby certify that L am a Registered laid Surveyor, ensed in wmpHance with the labs Of the State
Of .I �; 9M tWs pl•'tt correctly represents, a survey completed by
e and material
me on Apnt 13,. ;that the !oration, size,type
of all monuments are accuratefy shown end that the monuments will
be instahM In acc0 ante with the pro4nsions Of the Suit
division ordinance of the CITY OF SUTH BEND, INDIANA.
-
a�pND fFF
Lang, Feeney 81 AsssocictesI Inc
311 Fist Bonk Suilaing
Bernard Feeney
R.L.S. S D3r39
Scuth Bend, Irdicra 466CI
none 219/233.1941
{oe
c Ua�t
Land Surveyinq
Scmc. t"= SO•
eve 4/13 /d3 FPv>�2='•' 45- 55
A P wc'ra.
1.,Zsw Carirr,
v Wes'
Lce [33
P.O.&
;I�
A
_
R.
R.
l L•
C8 S.
lb
f '4° e
J
R 1r
R • 12l2725'5'
L 80.89'
CS S5 2�J�52•E.
B
� 4
I
h0
nA- ---
,{,
0 �
$
?1&50
::.t •F �<.W VE �._) ` tE.mL �Y E b'i:S•i:lfl:�
Part of the Southwest Quarter of Section 0, Township 37
North, Range 3 East , City of South Send, Portage Town-
ship, St. Joseph County, Indiana
P-ina a replot of Walling Minor Subdivision
for
STEVE and ANNE WALLINIG
0 t0 :5 30 FDD
A parer! of Sand being a part of the Southwo st Ger of
eat on 19, io,+n ship 37 North. Range 3 Ea vt, Clty of Souunnth Cen d.
Po, tags Township, St. Joseph County. Inatant, and being more
p articula-ly d...elb.d av follows!,
B�glnnlnq at the Southwest corner of Lot I33 Rldgedalo Fourth
AddEtlon to the Clty of South Bondi thence North 90-00'-00• Zavt,
along the South llne of said Lot 133, a dlvtance of 200.00 feet to
the Wonted, rloht-af-way Ilne of Garland Roadi thence South
6-15'-Op• East, nlong en la We.teriy rleht-of-vay line• a distance of
92.20 feet to a point of curvatures thence Soutl,eaoterly along a
curve to thr left having a radius of 121.25 feet, a central angle of
64-06'-A7• and tlmlted In lenoth by n Chard of 128.77 feet that
bears South 30-24'-04• E. t to the Westerly line of a 16 feat
Private roadway easement, said Veoterky line being also a Westerly
tine of thr plat of Er aklne Manor Section 1 recorded as Inateument
numb,, 8022525 in the office of the P.rcor der of St. .lo.eph County.
Ind! ane; thencr South 19--46'-26• Wost along said Westerly Ilne, a
dint of I76.25 foci; thrnev South C9-401-Sl" Went a dleatanee of
220.50 foot along a North IIne of the Plat of Eroklne Manor Sectlon
3, recorded as In atr th nt numbered e3ae306 In eald Recorder's
-off.1ce; thence North D-13'-19• W.at. along an East IIna o! vald
Sect on 3 and Its Northerly projection, a distance of 359.46 feet
1.9,9t5aaalacyr.a s I'. 0 font dead) to the place of beginning containing
1 .99 acres mare or leas.
Subject to any ea-cmento, covananta or restrictions of record.
n
Tt,c underalgned.Stophen and Anne Valltnn-j, owners of the real
estate shown and described herein, do hereby lay off, plat and
subdivide Said real estate In accordance with the re Gulrements of
the Su bd 1, talon Ord I nanco of South gene, Indiana. This aubal%olon
shall be known and deal granted as STE.VE'S REPLAT. All atraeta.
alleys, rlghte-of-way, future roadway aavetaents and public open
spaces ahem and not heretofore dedicated are hereby dedicateo to
the public for the uaee designated herein. Front building aetback
11no5 arc hereby establtahed as shown on this plat, between which
lines and the ri at, t-of-way !Ines of the .troate there shall be
ereclec or mmintalncd no building or structure. She areas of around
designated on thld plat and mark►a 'easement• are re.erVed for the
dealcnated usos by the public utllltlea. Inc$ dtno but not limited
to the Installation of water and sower mains, poles• ducts, lines
and wtrev, drainage fACllltletl. and access for present or future
devclepm-nt subject at all tlmcs to the proper authorities and to
the easement herein reserved. No permanent or other atrut.e.. are
to be ereetad or Maintelned upon ..Id eaoemante of land, but owners
of lots In thIa aubdfvlolon -hail take their tltted .wbject to the
r lghte of the public utilities Ind to the rlghta of the awn— of
the other late In this aubdlvlelvn.
G'allFuu,S- ri"zrlelra•rlGr,: �
Is to cort�.fy that the undersigned. Stephen and Anne
Wall Ina, are Che ownrro of th. land described In the plat heceln and
have cnuead th. same to be surveyed and aubl vlded a. indicated
thereon for the uses and
PurP"eo therein not forth. and do hereby acknouledge and adopt the
Plot under the style and title thereon Indicated.
St phen Walling
1260 Garland Road
South Bend, In. 4%;bt4 J
Anne Wall kng
ST. n,. ; r.:..
FILE2' '
PURSUANT To LNT.IANA CGOE SECTiO1i 3;-
50BBIYISION REPI.AT OF I -I' - - •- •C ti'P-7 CERT_^t '^i:A: 702
CONSIAERED AL'B 6FINTEA SEC, A! A.."P?0'JAL�
COMMISSION, oP ST. JOSEPN G:75: 1.IN-,
DETERHINATON WAS IA
tfAOC -NAT THE S')ROIVIS. G:: DER :1E
SET FORTH IN "RE SUBDIVISION W9TR.OL 0P-0I:..�.CE - 'z) aDS
t!iDFAIiA, ANA T'-I.ST THE
TIn.E PP..07:DED FOR A?2a, HE i - - a ME "
OF APPIAL PAS BEEN WAI'JEp, Ill WRITING, Sy ALL LX EREECu_ :....-__._ ;C.CHT
IN WITNESS W:E.4FOF. WE HAVE ATTAC?IED OUR SIC tiATi;S�;
HEREUPON:
Cc
o
SEC:.ETA,TI�OF Tl;E 'j�: R. 4 A OF . ,: _ ... .. ,._
1C`
.2 ! J -O-
STATEOF INDIANA
SS,
COUIrry OF ST. JOSEPH
Before Ira, the undersigned Notary Public. In and for amid
County and State, personally appeared Stephen and Anne W.
king and
each separately and severally acknowledges the ...Cu t!on of the
far.paing Snatruo..t ae that, voluntary act and dead for the
Purpose. therein set forth.
With— my hand and Notarial Seal this '.4---- day of
be Septemr. 1907.
My cotrialeslon explrev
`�5'1.8.s..c� �_ Ana ..... C� _ o •'?��-��! � °,
Notary Publle Valens K Za.ro
Notary to a resident of St. Jo..ph County. %not..&. 2! 1P
i SMALi
14
L4ND SURVEYOR'S C='R'r2 PI G?S3o •-„��,A
I. J. Bernard Faenef. hereby certify that I am a Land Surveyor.
licensed In carrpllanee with the lava of the State of Indiana; that
thlo plat correctly repreoento a purvey —plated or eartlllad by m.
on September 9, 1987; that the location, alz.. type and aatarsal of
all mOnur.. nto or. accurate l Y.
shown, and that the money-ronta will be
Installed In accordance uIth the pravlolons of the Subdlvlalon
Ord nee of South Band, Indiana.
"7
- Bernard Feeney �/
Replstared Land rveyor N. S 0309
Ia: 17
I
I
Feensy
& Associates, Inc.
205 W Jeffe,--Crl -Suite 311:
Send,
lndicna 46601
Land
Surveying
FBlvd
Aa
i cm.•,� j a f
a.. anz�a�
Aa �, arrr
I
•
r "i'h .he the
lgn fay ot£.0 pl att and he erubdlal vlde eaLd rrald get ace In
hera
! n. an hereby
eccorCancc vlth the requlcer+enis of tho Subefly lsl on Ordlnance Of e
M.,-
City
of South Bend. InQl ana, Th La subdly Ssl en shall ba known an
tlaalgnat eda an tutu[ roaCn: So ea etc nto a d put"Ic OP t Epadea ah own
r l,vhtC-ot- ay.
and not .acretof— dec!
catedF`re Fbulibd Ingdsetbackt l Ines arc !heresy
the unc dca ae avtiow^ on thla plat, between uhlch 11nea and the
ea_abt l.ih cQ
r:41.t-Ot-waY lines of the '.lte gets there shall be CreCeted O
mei meal nad no put idl ng Or. etrue cure. The arena of Ground deolCnate❑
c.n thin plat and n rked •eeoement' arc ret
served for She deslo he
u:en ny the pub!lc utiI ltecar :nc ludlnp but not Llml tad nos and
Inntat latlOn of Water anC "'V*r rsa Lne. pales, CLCta.
vices. 0-6inaue :Bel !!flee, and access for pranont or future
development aunt eat at ail timaa to the proper authorities and to
the eaaamant heron reeerveC. do permanent o: other etru Curos arc to
be erected ai maln[alnee upon eaLd eaaemants of Land, but wntrrs o`.
lots in this rubdlvieion shall taRa thelr t11',tl�' rnthe to the
r lII'a t» Of c PuD`lc uc::':aca °-C to the rl::hto of the canard of
the ❑that
T_
This le to certify that the underalgnsd ere the wnero of the
land daecr abed In the plat herein and have eau oed the same to be
nd
aurvayed and aubdly Lded as Indicated thereon for the uses the
platunderintyle fadte l is thereon nd do aZY ndleated.ledve and adopt the
STATE OF INDIANA
SS:
COL"M OF ST. JOSZ?V
fief Ora md, the und,raIgned Notary Public. In and for vaid
the algnatorlac hereto,
and
County and States. personally app0Arad
separately and severally acknwled�ad the ut Ion of
the
each an de
foregoing Instrument an their voluntary aand ct eC for
the
PurPO-_o thcreln at forth. ..A.
t,'itnvsa my hand and Hotorlal Seal thin day
of
Scptec,ber. 1937.
viv co='1salon ..PIres �rt.n.,•L.�ti \9 I4QQ._.
r �
ESEAL�n
Ilotary Publle, VClerrc K ZaroC k+ '
Notary to a raaldent of St. Joseph County. Yo dlano.
A a,
I, J. Bernard Feeney, hereby certify that I am a Lend Surveyor
3.
11canaad In compliance with the lava of the State Df Indlanaf that
thin plat correctly representb a aurvey coagulated or r_rtlf led by me
on September 24. 9871 that the aocatlon. el=o, type and mated al of
ell monuments are accurately shown, and that the monuments will be
I natal led in accordance with the provinlonm of the SubdIVlslon
;0rLance of the City of South Bend. Indiana.
Fay'
Bernard Feeney 5a709 i
Rev stared Land Surveyor S 0309 ss.., c, i
�'•.. rL1 n�� 10af
9yB.50><�
r=-i FizL= f7F gn-COP011111
The parcel of band sh can In this set of documents was duly
recorded On 1'1aY 19. 1903 In the office of thv Recorder of St. Joseph
County. Indlane as instrument nu.:.ber O^_00304 and bead no the tl tls
•E.25K161: t:AKCP SEC'riCN 3•. IL to belna rare road to Calvte thv 10
toot W des 'A.ccea❑ Eadament• along the Easterly end Of Got 6 In said
plat and to dtolnleh the 30 foot cal do 'hccew Edsoment' to 5 feet
along the Southerly proPcrtY line of Lot 6 in *a Is plot.
Allan J. a Lucille C. Seek=
1223 Ho,,. -Drive Arlan J. Boa er
Souta Band, Indiana 46624
'-
Robert E. 6 Anne N. 0-3,11 /'
12D9 konan Drive Ao ;art E OS••ald
Soot Send, 1-idiara 46614
Arthur `-"' J- Dacia Z %-11-�
3215 Gteanleaf Blvd., Arthur .:. cis
Elkhart, Indiana 46514
1361 Squirt Drive
Soutb Bend, Indiana 46637 R.W. Ountee
riarY Jane Hickey
N131
/?n V- •' /I'4
3713 Erskine rianor
south fiend, Indiana 46614
11asy J{tnv� iekey
, l
4•
Hppe V. Caalpbell
Honan Drive
4bb14
Hopes VI CasPaall rt �.
x d73�L 141
124n I ndiena
SoutE wed,
pOLUFh9.11T
l
C J
In
SiakaY paor H111• .
£rating fort 46614
- J E. Hlakey, Weside/�t
1313
Soutb fiend, InA;°na
-1 .4
CCU 1 L• Piece �!
Carroll L• PljY° Jo; Dh E_ kickaY . Aeforrte�. ,n-laCl
1232 %:6., Or 3ndiann 46614 gpduMQiT 813Z14Z
Sovca ,
rlak H• f, Vein+ B. Saparer� •✓ti�/
i•rade6onan "iyO a 46614 C�`'� er>ck H. Sacarar
12281, Baod, Indian Jo 7n E H,ckPy, Otto r/leymt 6ct
sootpo[.o1AZ 4T tt 87�=14b
11
Lucille C. Stager
Anne Li. Oa e d
YJMANT 7V
SUBDIVISION 07
ODIISIEERED MO GRAV
-ED SEWUrARy APPRUVA„ ar _ �AiF OF E A ZA ?a.A.,
MAMMON OP SS. JCGEIB COON::, I.Y. CN rr' '-� , AFU UTE"..4INc
f9A2 SAID SUBDIVL4IOH COMIES VI:R -RE RE-=Rx!JC 22=3(l,2I3 SET FOR -IN :K
a^aZ SUDDIVISION CONTROL WXr iAN= 0/ T fr C::y OF i0r,:R
IN VITW=f IfHEBZOP, WE SAVE A^fACEED OUR SZGRAZURL5 AND :eE CORRISSIOR'S SEAL
B8RII7ZQN:
R. S. JOUNSCB, E=CUTIVE DIrzcrcit a1s a R. HC'IARt?A, Cy AIA/AN
AREA PLAN COJIMISSION F'_ ,'*A� C7RIti:':ZE Cf ME AREA
4,r PLAN CDkff.55I0a
e
3 �e
A +�
Mary vl Hickey. Vde-paei+Dena
Vai,oe S. Spearec, n•lcet
JoieCA E Hickey. Alforne y"�
a.w.a ay
Tana, Feeney & Associates, Inc.
715 S, MicP;*gall S eat
South Bend, Indiana -16518
Plcvfa (21"a,' 27�1311
Land Surveyinc;
25 ! 87
�a +u
Rer
R" 7-�s
5 ii C EC 2 A 2
f I .
S P E C I A L
WAR ANTY DEED
THIS INDENTURE WITNESSETH THAT THE CITY OF SOUTH BEND, INDIANA,
the Grantor
CONVEYS AND WARRANTS TO ERSKINE PLAZA ASSOCIATES,
I� the Grantee
of St. Joseph County, in the State of Indiana, for and in
consideration of one dollars ($I.00) and other valuable consideration,
1 the receipt of which is hereby acknowledged, Real Estate in St. Joseph
County in the State of Indiana, to -wit:
A parcel of land being a part cf 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:
i 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.
Subject to all covenants, restrictions and easements of record.
The warranty in this Deed shall extend only to the acts of
Grantor.
SIGNED AND DATED this 25 day of September, 1987.
GRANTOR
The City of South Bend, Indiana
Cj
v 1 _ By G ayor
v 7ge 0. arent,
CIO
ATTEST -
By
Irene K. Gammon, City C erk
ACKNOWLEDGEMENT
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me the undersigned, a Notary Public for St. Joseph
Courene
State of Indiana, personally appeared Roger 0. Parent,
Mayor andK. Gammon, City Clerk on behalf of the City of South Bend, Indiana,
and acknowledged the execution of the foregoing Warranty Deed this
25 day of September, 1987.
My Commission Expires: Judit D. Hines
November 13, 1987 Notar Public residing in St.
Joseph County, Indiana
This instrument prepared by Michael Murphy,
&0y, P•C
Suite 200, 205 W. Jefferson Blvd., Indiana4661.,
k121
RELEASE OF WATER AND SE[,TER EASEMENT
The Civil
City
of Sout, Indiana, a Municipal Corporation,
h Bend
f.
by and through
its
Board of Public Works hereby releases, relinquishes=�
and terminates
all
rights and interest in those public utility•
easements, including
water, storm sewer and sanitary sewer easements,
s.
located in, on, or
under the vacated portions of High Street and Bow(n,.;,ji
Street, which
streets
were previously vacated by the City of South3,
Bend, Indiana,
all
of which easements lie within the real property
described on Exhibit A, hereto only.
IN WITNESS WHEREOF, the members of the Board of Public Works of
the City of South Bend, Indiana, have hereunto set their hands and
seals this /4� day of September, 1987.
CITY OF SOUTH BEND, INDIANA
c:1
BY ITS BOARD OF PUBLIC WORKS
E. Leszczi, President
y s
f--= uw
---
�.
jz.�
Mic el L. nce
_e /]
Patricia E. DeClercq
ATTE T :
"Sandra
M.
Parmer ee, Clerk
STATE OF INDIANA )
) SS.
ST. JOSEPH COUNTY )
Before me, a Notary in and for the said County and State, personally
appeared John E. Leszczynski, Michael L. Vance 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 as their free act and deed
this day of September, 1987.
jNfJDP�? 4, (-'fiP-n7ePcc-- Notary Public
C.
..�t5fihinL pion Expires:
17
�Si rument Prepared by Kramer & M-urphy, , P.C.
, Suite 200, 205 W .
Jefferson Blvd., South Bend, Indianas 46601 (219) 233-8275.
0 ""31M 619MO) sea* • •
PARCEL 1: 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 880-38'-01" West, a distance of
420.22 feet to the place of beginning for this description; thence South
00-00'-07" West a distance of 232.29 feet to the South right-of-way line
of vacated Bowen Street; thence South 880-35'-32" West along said South
right-of-way line, a distance of 25.29 feet; thence South 00-00'-37"
East, a distance of 289.42 feet to a point on the Easterly projection of
the North line of the recorded Plat of Harold C. Widener's 1st Addition;
thence South 880-38'-42" West, along said North line and its projection,
a distance of 1091.06 feet; thence North 00-00'-00" West, parallel with
said East line of the Southeast Quarter, a distance of 461.84 feet to
the South line of a 60 foot roadway; thence North 880-37'-50" East,
along said South line, a distance of 310.94 feet to the West
right-of-way line of vacated High Street; thence North 011-00'-09" East
along said East right-of-way line, a distance of 249.05 feet; thence
South 691-59'-51" East a distance of 60.00 feet to the East right-of-I'jay
line of said vacated High Street; thence, South 00--00'-09" West, along
said East right-of-way line, a distance of 36.56 feet; thence North
880-37'-50" East, a distance of 210.70 feet; thence North 84°-31'-32"
East, a distance of 50.23 feet; thence North 880-38'-01" East, a
distance of 355.26 feet; thence South 390-00'-51" East, a distance of
157.83 feet; thence South 00-00'-00" West, parallel with said East line
of the Southeast Quarter, a distance of 30.00 feet; thence North
880---38'-01" East, a distance of 30.00 feet to the place of beginning.
4219
EASEMENT
This Easement Agreement is entered into as follows:
PARTIES :
DATE:
Erskine Plaza Associates ("Grantor")
The City of South Bend, Indiana ("Grantee")
September % , 1987
R E C I T A L S
The Grantor is the owner of certain real
follows (the "Servient Tenement"):
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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
Street, a distance of 368.44 feet, South 0-00'-09" West of the -
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
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 TAXATIOR
BEVERLY D. CRONE
AUDITOR
ST. JOSEPH CO. INDIANA
• ply' 4
tfit nsler�%9�
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 li
of Bowen Street, a distance of 120.00 feet; thence North 1-24'-33"
ne
West, 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 thP
Servient Tenement.
The Grantee desires to acquire certain rights in the Servient
Tenement.
APPROVED
BOP,RO Of PUBLIC WORKS
S 111-- .87
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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. Exclusiveness 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 A reement. 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. Attorne '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.
b. Binding Effect. This Agreement shall bind and inure to the
O
benefit of the respective parties, personal representatives
successors, and assigns of the parties hereto.
Executed on the day and year first above written.
STATE OF INDIANA )
) SS:
ST . JOSEPH COUNTY )
Before me the undersigned,
GRANTOR
Erskine Plaza Associates
By:
Christopher Davey,
Its: Managin Partner
GRANTEE
The City of South Bend, Indiana
By:
APPR(�'=
Its ARn OF ,.
SEP
41r—
c'7 el
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
the foregoing instrument this 10thday of September, 1987.
Dianne M. McLemore, Notary Public
:Expires
r 23, 1987
4."
1-Ne
ST�A OF INDIANA
SS:
ST. JOSEPH COUNTY
Before me the undersigned, a Notary Public for St. Joseph County,
C-,57C, Z Y/V'S,,r /
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appeared pq C-, 0 the
State of Indiana, personally
f,,.) b - Pj)6Lj(_ of the City of South Bend, Indiana and
acknowledged the execution of the foregoing instrument this day of
September, 1987.
'R(,'�pt,',-Notary Public
T- Of 7-a5�'01
issibn Expires:
urphy, of Kramer &
jhis-in'st�rament was prepared by Michael C. M Murphy,
205 West Jefferson Boulevard, Suite 200, South Bend, Indiana,
t4.6601; 219/233-8275.
0 0
CITY of SOUTH BEND
ROGER O. PARENT, Mayor
COUNTY CITY BUILDING
SOUTH BEND, INDIANA 45601
219/204-24 12
BOARD OF PUBLIC WORKS
John E. Leszczynski
Patricia E. DeClercq
Michael L. Vance
MR. CHRISTOPHER DAVEY
MR. ROBERT E. DUNBAR, JR.
ERSKINE PLAZA ASSOCIATES
P.O. Box 4666
227 South Main Street
South Bend, Indiana
September 2, 1987
RE: PURCHASE AGREEMENT - CITY -OWNED PROPERTY AT BOWEN STREET
Dear Messrs. Davey and Dunbar:
Attached for your information and file is a completely executed
copy of the Purchase Agreement in regards to the above referred
to City -owned property which the Board of Public Works approved
and executed on Septmeber 1, 1987.
If you have any further questions regarding this matter, please
do not hesitate to contact this office.
Sincerely,
BOARD OF PUBLIC WORKS
Sandra M. Parmerlee, Clerk
smp
Enc.
cc: Thomas Bodnar, Chief Deputy City Attorney
0 0
CITY of SOUTH BEND
ROGER O. PARENT, Mayor
COUNTY.CITY BUILDING
SOUTH BEND. INDIANA 46601
219/204-9412
BOARD OF PUBLIC WORKS
John E.Leszczynski
Patricia E. DeClercq
Michael L. Vance
MR. CHRISTOPHER DAVEY
MR. ROBERT E. DUNBAR, JR.
ERSKINE PLAZA ASSOCIATES
P.O. Box 4666
227 South Main Street
South Bend, Indiana
September 2, 1987
RE: PURCHASE AGREEMENT - CITY -OWNED PROPERTY AT BOWEN STREET
Dear Messrs. Davey and Dunbar:
Attached for your information and file is a completely executed
copy of the Purchase Agreement in regards to the above referred
to City --owned property which the Board of Public Works approved
and executed on Septmeber 1., 1987.
If you have any further questions regarding this matter, please
do not hesitate to contact this office.
Sincerely,
BOARD OF PUBLIC WORKS
J/
C i,l
Sandra M. Parmerlee, Clerk
smp
Enc.
cc: Thomas Bodnar, Chief Deputy City Attorney