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#1422- Deed; EASEMENT Erskine Retension Basin
EASEMENT -- STATE OF INDIANA (ERSKINE RETENTION BASIN) PARCEL NA. 30 OWNER: CITY OF SOUTH SFND DRAWN BY: F. F. MaRRl5 7-2a-87 PROJECT NO. S7-226-7(A) DEED RECORD 634 ,PAGE 220,DATEDI2-28-62 CHECKED BY /� C,71����� r -7-z9-87 I� ,I R,730887 9 - 25-87 ROAD NA. U.S.20 �� 730SE(o 25-8 CDUNT Y S T. J O S t P14 SECT ION 2 S HATCHED AREA IS THE SCALE: i"- 200' TOWNSHIP 37 M. ® APPROXIMATE TAKING RAN GE E • .7 E THIS PLAT WAS PREPARED FROM INFORMATION OBTAINED FROM THE RELORDER'S OFFICE IVilt! F• AND OTHER SOURCES WHICH WERE NOT NECESSARILY CHECKED BY A FIELD SURVEY, z5130 z o 5.2(c to I38 336 30' F5MT. FOR -THE 39 Ln MAIurF-NANCEoFA I wAT'r= R j�T�fJT I OU 2Co0 OOP q' S O 95.2 Res, A= 3.74 9AC.a 359-38 450 22'i (�z Q TOTAL. ,AR-E-A 1 AC, � R/W FX ISr/NG = O. ! 9 0 NEE- 7-0TA L A R EA = - • AC . Miam% 1-4 A—ay� ` i C w uJ N ro C � � r 25 513 RED(. 12-10-87 REVISED OWNERS LAND A. M. BurrEERF'IELn, BR-1 BUYER'S REPORT INDIANA DEPARTMENT OF HIGHWAYS Land Acquisition Division (Rev. 10-75) State Form 2601 PROJECT NO . S`1%_226_7 (A) COUNTY St. 'Josepil PARCEL NO. 30 CODE NO.22W NAME & ADDRESS OF OWNER�Ci,_v 3 ,i�.z;� G.!]ii�1'L"'f '; 1'+L12�.f�'1}1';� 227 Ltast �if�C c7K.r1nii 46601 PHONE (219) 284-9 51- NAME & ADDRESS OF PERSON CONTACTED Mal '=Lu�Th`;rt.'y, }-liV.4- i? of 11C;�.n PHONE F,I1A (list other interested parties on reverse side including nature of their interest) .DATE ASSIGNED 3-7-R$ DATE OF CONTACT 3_9_ 38 TIME OF CONTACT 10:30 X1 OFFER $ tGnOs TYPE OF CONTACT: ( )O -PERSONAL VISIT, ( )-TELEPHONE CALL Write, YES, NO or N/A (fcr Not Applicable), as .appropriate, in each numbered blank space: 1. 41 Checked Abstract with owner? 13. zi%A Sent Daily Notice to Relocation 2. Any affidavits taken? Section? 3. Any mortgage(s)? LEFT FOLLOWING PAPERS WITH OWNERS: 4. Any other liens, judgments, etc.? 14. Written offer? 5. Showed plans? Explained take? 15. Land Acquisition Brochure? 6. Explained about retentions? 16. Retention Letter? 7. Any major item retained? 17. Statement of Just Compensation? 8. Any minor items retained? 18. Tax memo (interim period)? 9. Walked over property? 19. Receipt of Deed? 10. Arranged for owner, to pay taxes? 20. Yes Copy of 'MU$ 112.ight of 'vby (;]-twit 11. Secured Right -of -Entry? 21. �I Private appraisal letter? 12. Secured driveway Right -of -Entry? 22. Brochure, "Relocation & You"? REMARKS: py,,t ;4y i Rnr),,-weav in i-tis ofi icAC and, '_jw%ie, 3 b-,i the cari(IG-0to C.Y?piens of V-0 Crj^i : ..() C .• �.�_tiCY]A Ti_ e. �3ijayniuc.,7`-Y >! z�_. e1 +s �°?I: �tsi:. e0for tTir_, rn'.Y'abns n r, )'3".?"J7.`?�.C;71i]. `i_Cftt Off-—""11`- - - -- Status of Parcel: Distribution Made Parcel Owner Broker { )-Secured, ( )-Condemned, { )-Other (Explain): ( Weekly Summary ( ) Attorney ( ) Other, Specify r (Signature) BR-1 INDIANA DEPARTMENT OF HIGHWAYS Land Acquisition Division (Rev. 10-75) State Form 2601 BUYER`S REPORT PROJECT NO.'P-:��f;-iy COUNTY St. c �,nph PARCEL NO. 30 - CODE 1\10. 2`y14 NAME & ADDRESS OF OWNERC3t'r :' t �'? v . s'I"''i t?� !" �t3rtt�-�' �" i -i7r1 r ?"�? N;+ tat 704c-F %rarsn _ PHONE (•� i :l) `,1 f`ie "--<}7e.;7 -- NAME & ADDRESS OF PERSON CONTACTED_i�. ": 7�i7'1:"'ate I3i=.r's.~ir�r €E `+^;i1t�-irru t?rxc -:1,1i6r ::. -- PHONE 3-Ah (list other interested parties on reverse side including nature of their interest) DATE ASSIGNED 3-7- 0u 31 DATE OF CONTACT TIME OF CONTACT 200 rrt OFFER $ 4,`300.00 TYPE OF CONTACT: tv;)-PERSONAL VISIT, ( )-TELEPHONE CALL Write, YES, NO or N/A (for Not Applicable), as appropriate, in each numbered blank space: 1. yes Checked Abstract with owner? 13. ^111 Sent Daily Notice to Relocation 2. 'ln Any affidavits taken? Section? 3. ?z*4 Any mortgage(s)? LEFT FOLLOWING PAPERS WITH OWNERS: 4. rtr) Any other liens, judgments, etc.? 14. %rn Written offer? 5. yas, Showed plans? Explained take? 15. �'lr-.•�: Land Acquisition Brochure? 6. iffral Explained about retentions? 16. Retention Letter? 7. ;air Any major item retained? 17. Statement of Just Compensation? 8. ?3/7 Any minor items retained? 18. ^••g,.'/A Tax memo (interim period)? 9. Yf,s Walked over property? 19. 1 kD Receipt of Deed? 10. 2Y Arranged for owner - to pay taxes? 20. Copy of Deed? gczox 11. NO Secured Right -of -Entry? 21. Private appraisal letter? 12.E Secured driveway Right -of -Entry? 22. N Brochure, "Relocation & You"? �... kT E C� T�7TJ`1? i?` • Jn t O of'f: i e i 3. S'i. a.t T r''tT .� t:21iiL REMARKS: 1 i 11 r ; 71 �i ,t is n1 _� f' ti.{ t S� t' ?Ls`itL 2 kzepo "t. •(may t'•13..*� j? am =1 that :�.y1 cAi ro.fai'Yrr rJ..A.:.. C�{. s::�.-,r F��V}..��� Or la:'.1:.r 0:" for tnra of'a ?. i �t�'^. ��;n� cam. ,ei Il's. r e3,i ai. -I use of ;tor-m a t?t.-, fir, ran�l L1rrgj ('417_Ch tho st-Ats a ia32tl y t , '31k1 '_ l�.�' -r iT1ir :.0'Y' for ? JIY nsr;,� C)� L`�.r`c3i:��' � r� 7 n'•tr f � i v L'.:lzt.n1c` ic,n- Lin C3v }`'ar to -w1:Lilt'z-Lill 1:� --!,to=m so3r. oricd l C)rn o` th-a f irp, Ctf'far ii-I t^ C_�'i'x7l!1! ._�_` {} (nt .1 i) a �' ;'- t -t- � v J � e �'S C}�F ..rtr? 131anz, ti,Xa C'0-7J.07, ofth"n japj 7a1alt, D, 1' ,t1Ci %-i1;.al]3.•`i.t'i 'lu3t: C=YfwE:t3?l`3c'At]Q:l M, a 1 X.3_"i�_ta n?,:7.aisal. 7?'::•i:'MS . 1 e tt4ert 1_-TIO Ctty -oat 5 aw, .. C.a, ].?1 to c"df•'C'1c'.'.?'3L or rLij?,-*t tin c)f2f9"ro an-3 it iC.'cn in v,sit.htq 90 rl't7, of, Status of Parcel: ( )-Secured, ( )-Condemned, (X)-Other (Explain): (7X.1T1r contzl,--t Distribution Made M Parcel A Weekly Summary t� A Owner { ) Attorney ( ) Broker { ) Other, Specify '(Signature) BUYER'S REPORT PROJECT-- s�a�e Forr 20F2� PARCEL NO. ID --- - REMr1RKS ' (Cotit inueci).-a^.o:3fatan—'ai o-ttv-'r:ritso. _ .- s• t? J� l'�^y o ':..7.'t.i o . t.lt. i-1'�Il --%I lmv r'_}a;alain&,- tat .1Ian. -,�.'Lif% t 1)Y : ?_-, 'f:" "'Arr.- Boar:; of Pc1i7lic WD ."a 'Ll or :l (1,ecisio 1 in this no pn..I1k'.� Hull cry 4"dnd st tai that wmil t •�;;� l 4T:? i iii 1 1.12f.'. L'1 Tlaarld two Cooic - of -ho of i,;wy Grant, -Irn- a olsu-.1 VcAic-ij L,?�C00r:�1Ju( to purctum the Pcnrisional I'dght of i.�;j ;-cam by the City Att orraV and that tk-) the Don-d of Public s! .c, .o ,n] VIC PtIY �r� fOr a OV,-Ii.� I also .� *gLiry>t& t` at I be _,%.r wide* -a ���"€ ifi eO ooc 7 O ��7r3 r u rtttt�?� of i'h� �S1E'E:tiaiGJ which xoi.s-U-ee eavNnant on Signal-U. DarP P2 2. �` a .- 6u1 Qom. (ALA-Rev-29) revised 4-82 Stato Form 36551 R -INDI.ANA _AELARMNT OFJJT_G;i AYS,. DIVISION OP' LANDACQiiISITIOtd _INDIANkPOLIS, INDIANA .U�AIZKNT OF TAE BASIS FC_T(_•,XUST COMPENSATION 1. This is a written statement of, and &%=merry of the basis for, the mount estab- lishe4 through the sppraiaal process as just compensation for the purchase of this right of way for highway P3=P03ei. The .amount aet forth in ltea+ 5 below represents fair market value and said amount is not lea., thin the Staters spproved appraised value. P.I•. 91-646 provides that said valve di:regurds uny decrease or increaze in fair market value of the property Prior to '.;ere ;late of vaivatiou cauzad 1,y the public iw-)ror;enent for which the property is acquired other than physical deterioration within reascriable control of the aa1ner. . 2. The legal desc.riptiop of thin :acquisitiou is set forth in the instrument of con- veyance in the folio-wi.ng identified parcel and this acquisition is identified in Highway Coasaission records as : fto j.Ct '5v6 —?-1- - Parcel 3a Rond a..5.20 County tamer (a) C .: 7 ,� �a w�-, r3� 3. interest (s) being acquired: The aPtount in Item 5 below includes psymant for the purc;saae of all interests in the real property and no separately held interest, if any, is beiar3 Qcc;uirad separately in whole or part. 4. This acquisition is (check atie) : A. b. ( ) -- 4 to<:al talking of the real property. �,c) -- A peftial taking of the real property. 5. The State'e Offer: dust compensation has been deceruined by standard and accepted real property appraisal prscticts and procedurea- The State's offer for the purchase of this real property iv- $_ �, Bao . o � 5. The amount in item 5 above includez damages much as loss in value to remainder land and/or improvements and other da=gee, if any. Thene val:vs , if any, are as follows: p. Loss in value to remainder (eevera ce sees) . . . . . . $ —a b. Other damages (Itemize) - - s .14 SoU• Dv Total Damages: $tea o- o cU 7. Buildings: The amount 4--1 Item 5 above includes p,2ymaanC f0t the purchase of certain buildingz and improvements and their ovnershi.p sh&ll pass to the State. These buildings and improvements are identified as followe: U `t L S. Land Improvements, Fixtures, Equipment, Machinery, Signa, Etc.: 'I`ve amount in Item 5 above includes payment for the pu:chaae of the aforwmentioned items, and their ownership shall piss to the State. Unless otherwise ztated below, said items are ncw ovned by the landour_er. 9. Remarks: 11 — D J A.D. loz-A-Ew !bI A DEPARTMENT OF HIGHWAYS ivision of Land Acquisition 00 1105 —100 NORTH SENATE AVENUE INDIANAPOLIS, INDIANA 46209 5-25- 19 88 To City of South Bend, Indiana County -City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 GENTLEMEN: We enclose State Warrant No. 0151977 5-17- 19 88 in settlement of the following vouchers: T-88-346 Description , Amount For Purchase of ProvisionA_]RkState Road No. in S_t_�Io S P County, Project ST--226,7 A Parcel No. 30 as per Grant/Warranty Deed, Dated 4,7-88 PLEASE RECEIPT AND RETURN/f Do not detach) Payment Received: B D State Form 5414 STAT & INDIANA INDIANA DEPARTMENT OF HIGHWAYS 100 North Senate Avenue Indianapolis, Indiana 46204-2249 FMI-2-70 INDIANAPOLIS Room 1101, State Office Building 31 7-232-5S33 CLOSING STATEMENT Project. ST-226-7 (A) Parcel. #30 Fee Owner: City of South Bend, Indiana Address of Property 4611 South Miami Street, South Bend, Indiana Purchase Price. Less Ist Mortgage to Less 2nd Mortgage to -- Less Assignment of �-- Rents to Less Barrett Law Less Retained - - Less Taxes Less Judgements Amount due to Contract Buyers -- -- ---- Amount due to Fee Owners TOTAL DISBURSEMENTS Acknowledge receipt of cupy of this statement, and agree to a amounts shown above: Fee Owners (I C) � V, Contract Buyers CT I certify that the above are true and correct. 46614 s 4,800.00 r iI S 4,800.00 State Form 39477 An Equal Opportunity Employer z H In In w Pa a 0 w co z O H H z H R W cn a r-i V R z W H z W H V Lz] CG d W � H �+ d a Cn r7 O H 44 z u 7 H ll) va z H a a a. O4-1 W 00 U q p d H P P raj a G d a a x w w �. Q V O U W m d F W P-r d d P4 V E r3 $+ v � � W IC ail a1 A � M 41 A O M to 41 R W O [0 Aj R. z Cn ?N A 41C� uUi q w cc -4lu a w X CO W CWJ �+ F-r 6 10 Apa 4 n E-4 s a O 41 C -14 O w -r4 r a� O U Q' d U U) d Co co ..I IA d µ1 v O O p C L4 O U �4 d > U A S TAT E— i TAT D IANA INDIANA DEPARTMENT OF HIGHWAYS 100 North Senate Avenue Indianapolis, Indiana 46204-2249 ter, INDIANAPOLIS Ny - fa tale Room 1101, State Office Building 317-232-5533 UNIFORM LAND OR EASEMENT ACQUISITION OFFER PROJECT: ST-226-7 ( A PARCEL : #30 CODE: 2274 ROAD U.S. 20 COUNTY St. Joseph TO:City of South Bend County -City Building 227 West Jefferson Ave. South Bend, Indiana 46601 The State of Indiana, acting by and through the Indiana Department of Highways (hereinafter referred to as the Indiana Department of Highways) is authorized by Indiana law to obtain your land or an easement across your land for certain public purposes. The Indiana Department of Highways needs (XRWbd&_,Rk (an easement across your land) for a public highway improvement ST-226-7(A) and needs to take the land (easement) (xjgJtt) as described on the attached legal description. It is our opinion that the fair market value of the (lbr-qRRp- & (easement) we want to acquire from you is $ 4,800.00 and, therefore, the Indiana De- partment of Highways offers you $ g 8�00 for the above described (� (easement). You have twenty-five (25) days from this date to accept or reject this offer. If you accept this offer, you may expect payyaent in full within ninety (90) days after signing the documents accepting this offer and executing the easement, and provided there are no difficulties in clearing liens or other problems with title to land. Possession will be required thirty (30) days after you have received you payment in full. State Form`' 6256 .[r �48 B FM--5-2a-7�-77 An Equal Opportunity Employer Page 2 PROJECT ST-226-7(A) PARCEL 430 HERE IS A BRIEF SUDM7ARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: 1, By law, the Indiana Department of Highways is required to make a good faith ef- fort to purchase (XftXXXF0n0nUd0tk (an easement across your property), 2. You do not have to accept this offer. 3. However, if you do not accept this offer, and we cannot come to an agreement on the acquisition of (an easement), the Indiana Department of Highways has the right to file suit to condemn and appropriate the (*RF&J (easement) in the county in which the real estate is located. 4. You have the right to seek advice of an attorney, real estate appraiser or any other person of your choice on this matter. 5. You may object to the public purpose and necessity of this project. 6. If the Indiana Department of Highways files a suit to condemn and appropriate (zvwoocbovU (an easement), and the court grants its request to condemn, the court will then appoint three appraisers who will make an independent appraisal of the (*001� (easement) to be appropriated. 7. If we both agree with the court apprasers' report, then the matter is settled. However, if either of us disagrees with the appraisers' report to the court, either of us has the right to ask for a trial to decide what should be paid to you for the (SxxA;Weasement) condemned. 8. If the court appraisers' report is not accepted by either of us, then the Indiana Department of Highways has the legal option of depositing the amount of the court appraisers' evaluation with the court. And if such a deposit is made with the court, the Indiana Department of Highways is legally entitled to immediate possession of the (easement). You may, subject to the approval of the court, make withdrawals from the amount deposited with the court. Your withdrawal will in no way affect the proceedings of your case in court, except that, if the final judgment awarded you is less than the with- drawal you have made from the amount deposited, you will be required to pay back to the court the amount of the withdrawal in excess of the amount of the final judgment. 3 PROJECT ST-226-7(A) PARCEL #30 9• The trial will decide the full amount of damages you are to rec. Of us will be entitled to present legal evidence supporting oureiveopinionsth of the fair market value of the land or easement. The court's decision may be more or less than this offer. You may employ, at your cost, appraisers and attorneys to represent you at this time or at any time during the course of the proceeding described in the notice. The offer of $ 4,800.00 made herein is a total offer for the entire acquisition and is intended -To-_ justly compensate you and all parties of interest. 10. If you have any questions concerning this matter, you may contact us at: The Indiana Department of Highways Division of Land Acquisition State Office Building, Room 1105 1CO North Senate Avenue Indianapolis, Indiana 46204 Attn: Buying Section Phone: 317-232-5050 This offer was made to owner(s): City of South Bend Of— St. Joseph Count on'>-21- 9'R of of of (Date) _on (Date) on (Date) on _(Date) (zgnature) William G. Ford, Land A ent (Printed Name and Title Agent of: The Indiana Department of Highways State Form 41907 Form I. C,-I20-BP Purchase Grant Regular Long INDIANA DEPARTMENT —A Revised OF HIGH SAYS 7-81 STATE OFFICE BUILDING INDIANAPOLIS, Project ST-226-7(A) INDIANA 46209 Code 2274 RIGHT OF WAY GRANT Pnrcel 30, PLANS DATED ROAD U.S.R. 20 TEMPORARY RIGHT SHEET I OF OF WAY 2 SHEETS OTHER TEMPORARY FOR BUILDING REMOVAL' RIGHT Op WAY ; • � f , GRANTED PROVISIO NAL RIGHT OF WAY: t � , GRANTED 0.122 acres This indenture Srit _ s P + t , GRANTED re described that the undersigned, as grantors and sole owners to land in St . Josue Indiana, more definitely described below, through, over and upon which will pass a public highwa and related to said public highway, as proposed by the State of Indiana, hereby � h County, for Right said Way,Y any incidental St improvements lands as described below and located by surveys and shown on plans on file in the offices of the Indiana De Of Highways, The description from said plans of said right of wayY grant, bargain, warrant and convey to the State of Indiana, hereby granted is as follows: Department PARCEL 30 PROVISIONAL RIGHT OF WAY An easement in and to the following —described real estate, to wit; A part of the Southeast Quarter of Section 25, Township 37 North, Ran e 2 Indiana, described as follows; Commencing g East, St. Joseph County, ort thence South 0 degrees 28 minutes 59 seconds Eastn350h00sfecorner of said quarter section; said quarter section to the northeast corner of the owner's land long the east line of 09 minutes 51 seconds West 40.00 feet along the north line of the ,owner's South 88 degrees west boundary of Miami Highway; ner's land to the g Y� thence South 0 degrees 28 minutes 59 seconds East I01,20 feet along the boundary of said Miami Highway he Pont thence South 0 degrees 28 minutes 59 seconds Eastt75.00ifeetf beginning of this description: South 89 degrees 37 minutes 00 seconds West 71.I9 feet along said boundary; thence 00 seconds West 75.00 feet; thence North 0 eEastS71-0623 inutes feet to the point of beginning and containing 0.122 acres, more or less, for the purpose thence North 89 degrees 37 minutes 00 seconds Of constructing, maintenance, and use of storm sewer, and upon which easement the State State Form 41907 Forrn 1. C,-I20-13F Purchase Grant Regular Long —A Revised 7-81 PLANS DATED INDIANA DEPARTMENT OF HIGHWAYS STATE OFFICE BUILDING INDIANAPOLIS, INDIANA 46209 RIGHT OF WAY GRANT ROAD U.S.R. 20 SHEET 1 OF TEMPORARY RIGHT OF WAY FOR BUILDING REMOVAL: OTHER TEMPORARY RIGHT OF WAY: . . . . . . . . . . PROVISIONAL RIGHT OF WAY: . . . . . . . . . . . . . . 0.122 acres Project ST-226-7(A) Code 2274 Parcel 30, 2 SHEETS GRANTED GRANTED GRANTED This indenture xitnesseth that the undersigned, as grantors and sole owners to land in S t . Joseph Indiana, more definitely described below, through, over and upon which will pass a public highway, and any incidental improvements related to said public highway, as proposed by the State of Indiana, hereby grant, bargain, warrant and convey to the State of Indiana, for Right of Way, lands as described below and located by surveys and shown on plans on file in the offices of the Indiana Department of Highways. The description from said plans of said right of way hereby granted is as follows: PARCEL 30 PROVISIONAL RIGHT OF WAY An easement in and to the following -described real estate, to wit: A part of the Southeast Quarter of Section 25, Township 37 North, Range 2 East, St. Joseph County, Indiana, described as follows: Commencing at the northeast corner of said quarter section; thence South 0 degrees 28 minutes 59 seconds East 350.00 feet along the east line of said quarter section to the northeast corner of the owner's land; thence South 88 degrees 09 minutes 51 seconds West 40.00 feet along the north line of the owner's land to the west boundary of Miami Highway; thence South 0 degrees 28 minutes 59 seconds East 101.20 feet along the boundary of said Miami Highway to the point of beginning of this description: thence South 0 degrees 28 minutes 59 seconds East 75.00 feet along said boundary; thence South 89 degrees 37 minutes 00 seconds West 71.19 feet; thence North 0 degrees 23 minutes 00 seconds West 75.00 feet; thence North 89 degrees 37 minutes 00 seconds East 71.06 feet to the point of beginning and containing 0.122 acres, more or less, for the purpose of constructing, maintenance, and use of storm sewer, and upon which easement the State and its authorized agents shall have the right to enter at any time for the purpose of clearing said real estate of any obstructions in order to maintain said storm sewer. ciH D R�L 7-30-87saw sT 226-71"A) rAD- ..O 57: JQSrP/d 25 TOWNSHIP 37 N. RANSE 2 E . 30' EsMr. FOR 7HE MAI QrF-NAN4CC OF WATER Fe— `NTIOW BASIS.! AWD DtKr= ---" OWNER. CITY OF SovTu. 8FND DRAWN BY: E. E. MORRIS 7-28-$7 GEED RECORD -0 ,PAGE 220,DATEDI2-ZS-62 CHECKED BY:/-/,C.7vArG'ET -7-zs-87 8730887 9.25.8� ®HATCHED AREA IS THE SCALE: ill- Z00 APPROXIMATE TAKIN; THIS PLAT WAS PREPARED FROM INFORMATION OBTAINED FROM THE RCCORDER'S OFFICE ANO OTHER SOURCES WHICH WERE NOT NECESSARILY CHECKED BY A FIELD SURVEY. I TOTAL ,44 R E- A E R/W Eh IST/1tl G i NET ToTA L ,4 P, EA REV. 12-t0-87 REVISED OWNERS A. M. t~3UT7ERP-IELD. 4.0r, I AC, •-9 Z A C LAND ll4tami 141�IAw'ky An Equal Opportunity Employer STAT& ]I NDIANA INDIANA DEPARTMENT OF HIGHWAYS 100 North Senate Avenue Indianapolis, Indiana 46204-2249 s7A 4 � N, jZ INDIANAPOLIS y'�..........._.. laie Rooni 1101, State Office Building 317-232-5 533 UNIFORM LAND OR EASEMENT ACQUISITION OFFER PROJECT: PARCEL CODE: ±-r ROAD COUNTY : :'''.a T0: The State of Indiana, acting by and through the Indiana Department of Highways (hereinafter referred to as the Indiana Department of Highways) is authorized by Indiana law to obtain your land or an easement across your land for certain public purposes. The Indiana Department of Highways needs (your•,.Landi) (an easement across your land) for a public highway improvement and needs to take the land (easement) (right) as described on the attached legal description. It is our opinion that the fair market value of the (property) (easement) we want to acquire from you is $ and, therefore, the Indiana De- partment of Highways offers you $ for the above described (pr'opexty). (easement). You have twenty-five (25) days from this date to accept or reject this offer. If you accept this offer, you may expect payment in full within ninety (90) days after signing the documents accepting this offer and executing the easement, and provided there are no difficulties in clearing liens or other problems with title to land. Possession will be required thirty (30) days after you have received you payment in full. State Form 36256 B F M- 5-2a - 7-77 An Equal Opportunity Employer Page 2 PROJECT PARCEL HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: 1. By law, the Indiana Department of Highways is required to make a good faith ef— fort to purchase (your' -property-) (an easement across your property). 2. You do not have to accept this offer. 3. However, if you do not accept this offer, and we cannot come to an agreement on the acquisition of (your land) (an easement), the Indiana Department of Highways has the right to file suit to condemn and appropriate the (-land)- (easement) in the county in which the real estate is located. 4. You have the right to seek advice of an attorney, real estate appraiser or any other person of your choice on this matter. 5. You may object to the public purpose and necessity of this project. 6. If the Indiana Department of Highways files a suit to condemn and appropriate (your -land) (an easement), and the court grants its request to condemn, the court will then appoint three appraisers who will make an independent appraisal of the ('land') (easement) to be appropriated. 7. If we both agree with the court apprasers' report, then the matter is settled. However, if either of us disagrees with the appraisers' report to the court, either of us has the right to ask for a trial to decide what should be paid to you for the (-'land) (easement) condemned. 8. If the court appraisers' report is not accepted by either of us, then the Indiana Department of Highways has the legal option of depositing the amount of the court appraisers' evaluation with the court. And if such a deposit is made with the court, the Indiana Department of Highways is legally entitled to immediate possession of the -(land) -(easement). You may, subject to the approval of the court, make withdrawals from the amount deposited with the court. Your withdrawal will in no way affect the proceedings of your case in court, except that, if the final judgment awarded you is less than the with— drawal you have made from the amount deposited, you will be required to pay back to the court the amount of the withdrawal in excess of the amount of the final judgment. Page 3 PROJECT r';=,.+i -:� (j'•.) -PARCEL-,-,'.]!) 9. The trial will decide the full amount of damages you are to receive. Both of us will be entitled to present legal evidence supporting our opinions of the fair market value of the land or casement. The court's decision may be more or less than this offer. You may employ, at your cost, appraisers and attorneys to represent you at this time or at any time during the course of the proceeding described in the notice. The offer of $.,J. made herein is a total offer for the entire acquisition and is intended to justly compensate you and all parties of interest. 10. If you have any questions concerning this matter, you may contact us at: The Indiana Department of highways Division of Land Acquisition State Office Building, Room 1105 100 North Senate Avenue Indianapolis, Indiana 46204 Attn: Buying Section Phone: 317-232-5050 This offer was made to owner(s): of on (Date) of of of on on on BY: (Signature) (Printed Name and Title (Date) (Date) (Date) Agent of: The Indiana Department of Highways Page 4 PROJECT . PARCEL If you decide to accept the offer of $ made by the Indiana Department of Highways, sign your name below and mail this form to the address indicated above. An additional copy of this offer had been provided for your file. ACCEPTANCE OF OFFER landowners) of the above described property or interest in property, hereby accept the offer of $ .,� made by the Indiana Department of Highways on this day of� , 19 PAVE BOARD OF PEW WURKS STATE OF COUNTY OF _ •. 26 1988 awCC..o.: �•Lrti�LG�'� NOTARY'S CERTIFICATE SS: ) Subscribed and sworn to before me this 30thday of March �—, 19 88 My Commission Expires: February 9, 1990 (Signature Denise Sullivan (Printed) NOTARY PUBLIC OF St. Jose -oh County E U State Form 41907 Form 1. C.-120-BP Purchase Grant Regular Long —A Revised 7-81 PLANS DATED INDIANA DEPARTMENT OF HIGHWAYS STATE OFFICE BUILDING INDIANAPOLIS, INDIANA 46209 RIGHT OF WAY GRANT ROAD U.S.R. 20 TEMPORARY RIGHT OF WAY FOR BUILDING REMOVAL: OTHER TEMPORARY RIGHT OF WAY: . . . . . . . . . . PROVISIONAL RIGHT OF WAY: . . . . . . . . . . . . . . SHEET I OF 0.122 acres Project ST-226-7(A) Code 2274 Parcel 30, 2 SHEETS GRANTED GRANTED GRANTED This indenture witnesseth that the undersigned, as grantors and sole owners to land in S t . Joseph County, Indiana, more definitely described below, through, over and upon which will pass a public highway, and any incidental improvements related to said public highway, as proposed by the State of Indiana, hereby grant, bargain, warrant and convey to the State of Indiana, for Right of Way, lands as described below and located by surveys and shown on plans on file in the offices of the Indiana Department of Highways. The description from said plans of said right of way hereby granted is as follows: PARCEL 30 PROVISIONAL RIGHT OF WAY An easement in and to the following —described real estate, to wit: A part of the Southeast Quarter of Section 25, Township 37 North, Range 2 East, St. Joseph County, Indiana, described as follows: Commencing at the northeast corner of said quarter section; thence South 0 degrees 28 minutes 59 seconds East 350.00 feet along the east line of said quarter section to the northeast corner of the owner's land; thence South 88 degrees 09 minutes 51 seconds West 40.00 feet along the north line of the owner's land to the west boundary of Miami Highway; thence South 0 degrees 28 minutes 59 seconds East 101.20 feet along the boundary of said Miami Highway to the point of beginning of this description: thence South 0 degrees 28 minutes 59 seconds East 75.00 feet along said boundary; thence South 89 degrees 37 minutes 00 seconds West 71.19 feet; thence North 0 degrees 23 minutes 00 seconds West 75.00 feet; thence North 89 degrees 37 minutes 00 seconds East 71.06 feet to the point of beginning and containing 0.122 acres, more or less, for the purpose of constructing, maintenance, and use of storm sewer, and upon which easement the State state Form 41907 Form I. C.-120-BP Purchase Grant Regular Long —A Revised 7-81 PLANS DATED INDIANA DEPARTMENT OF HIGHWAYS Projecl ST-226-7(A) STATE OFFICE BUILDING INDIANAPOLIS, INDIANA 46209 Code 2274 RIGHT OF WAY GRANT Parcel 30, ROAD U.S.R. 20 TEMPORARY RIGHT OF WAY FOR BUILDING REMOVAL: OTHER TEMPORARY RIGHT OF WAY: . . . . . . . . . . PROVISIONAL RIGHT OF WAY : . . . . . . . . . . . . . . SHEET 1 OF 0.122 acres 2 SHEETS GRANTED GRANTED GRANTED This indenture witnesseth that the undersigned, as grantors and sole owners to land in S t . Jose h Indiana, more derinitely described below, through, over and upon which will ass a public highway, and an County, related to said public highway, as proposed by the State of Indiana herebyp p g y Y incidental improvements of Indiana, for Right of Way, lands as described below and Iocated by surveys and shown on�plans on file iwarrant the offices of the Indiana eDeparttment of Highways. The description from said plans of said right of way hereby granted is as follows: PARCEL 30 PROVISIONAL RIGHT OF WAY An easement in and to the following -described real estate, to wit: A part of the Southeast Quarter of Section 25, Township 37 North, Range 2 East, St. Joseph County, Indiana, described as follows: Commencing at the northeast corner of said quarter section; thence South 0 degrees 28 minutes 59 seconds East 350.00 feet along the east line of said quarter section to the northeast corner of the owner's land; thence South 88 degrees 09 minutes 51 seconds West 40.00 feet along the north line of the owner's land to the west boundary of Miami Highway; thence South 0 degrees 28 minutes 59 seconds East 101.20 feet along the boundary of said Miami Highway to the point of beginning of this description: thence South 0 degrees 28 minutes 59 seconds East 75.00 feet along said boundary; thence South 89 degrees 37 minutes 00 seconds West 71.19 feet; thence North 0 degrees 23 minutes 00 seconds West 75.00 feet; thence North 89 degrees 37 minutes 00 seconds East 71.06 feet to the point of beginning and containing 0.122 acres, more or less, for the purpose of constructing, maintenance, and use of storm sewer, and upon which easement the State and its authorized agents shall have the right to enter at any time for the purpose of clearing said real estate of any obstructions in order to maintain said storm sewer. CH 0 RFL 7-30-87saw r 1p�.o. ST-226-7lA) ROAD U. S' 2 O %7uNT Y : S T J OS E F 14 ECT ION : 2.5 DWNSH I P : a7 N. ANGE : 2 E _ OWNER: C ITY pF SOUTH BFN D DRAWL BY: E. F. MOMS 7-28-67 DEED RECORD639,PAGE220 DATED I2- S- z 6z CHECKED BY:l�,C,7v,jcgF-r -7_zg-87 i1 1.730887 li 73agEka ii 9 - Z5 -87 HATCHED AREA IS THE SCAL E: V- 200 APPROXIMATE TAKING THIS PLAT WAS PREPARED FROM INFORMATION OBTAINED FROM THE RECORDERS OFFICE AND OTHER SOURCES WHICH WERE NOT NECESSARILY CHECKED BY A FIELD SURVEY. ,Z.S 1 30 '7- 0 o' h { f 0 �.. 30' E-- /Ar. FOR i HE MAiur>rNa�CE oFA wA-re R1� 1VY loU 2CoO Oc3' 4 5 0 SAV?4 AND plkr= b�F ' �, Res. A= 3,749AC, i � I Q S 3 809. s 359 33 45d• n I 142 d TOTAL ,49EA Rlw Ex f5`r; N G NET TOTAL AREA f I i 2512 4.0C, I AC, 01190 ;•8T AC REV. )2-)0-8T REVISED OWNERS LAND A.M. BUTrERF-IELD. rrn¢ •5•�-P Mramr Ni�bwor 513 613 I An Gqual OPPOrtunity Employer INDIANA DEPARTMENT OF HIGHWAYS — LAND ACQUISITION -- CLAIM VOUCIJER 1pl11,-%'cd by star hoard if Accounts — 1986 STATE AGENCY FILL ]N COUNTY PROJECT PARCF'L NO. This form may be used only for claims chargeable to Purchase of Right of Way. City O SOUtl1 Bend Account Number: State Agency: Department of Highways 800 County -City Building Appr. Name: 227 West Jefferson Ave. State Share: $ South Bend, IN 46601 Federal Share: $ Total Amt. of Chcck; $ St. Joseph Doc.I.D: PV 800 ST-226-7 (A) Date: 30 Parcel: 5T.ATE AGENCY FILL IN L I Invoice r,, rt...,,t, Fund I Appr GI 02 03 04 05 Purpose Of This Statement: Vendor Code: ACCOUNTING LINE DISTRIBUTION Loc. Func. Object Cost Pro'ect Acct. Prefix Mrrt,Fiar r Part Contract To Purchase Provisional Right of Way Check Delivery Instructions: Yes 0 (See reverse side) CLAIMANTS Pursuant to the provisions and penalties of Indiana Code 5-1 I-10-1 1 hereby ccriify that the foregoing account is just and correct, that the amount claimed is legally due, after allowing all just credits, and that no hart of the same has been paid. 1 also authorize payment to be made as indicated above. X City of ' South Bend Date (If a rm or corporate give name) s93tX uyx �66;h l Signature Title x E. Kernan Mayor --)ate Signature if individu ��[eo X Atte s t ' • � /,-- /�- �- , --�-� Datd XiNxxxRk 9xdQ9x x Irene K. Gammon, City Clerk Date Signature if individual X Date Signature if individual Recommend Approval: Originator Approved Division of Land Acquisition: DIVISION CHIEF Date ,31 :VICES MANAGER Date Send when ready Amount LIENHOLDERS I hereby sign this claim voucher as a lienholder and only certify to the extent of my interest therein and authorize payment to be made as indicated above: X Ua 'te Of a firm or corporation, give name X By Date Personal Signature Title instrument Approved as to Form, prrliminary only, Excepting Real Estate Description. Deputy Attorney General Date Payment Approved as to Account No. and Funds Available. ID OH Division of Accounting and Control Date Approved, Indiana Department of Highways. DIRECTOR 11 Date DEPUTY DIRECTOR L.__I DIVISION CHIEF 11 I INDIANA DEPARTMENT OF HIGHWAYS LAND ACQUISITION DIVISION RECEIPT OF RIGHT OF WAY GRANT The undersigned being a Land Agent for the Department of Highways of the State of Indiana, does hereby acknowledge receipt this date of one Right of Way Grant signed and conveying certain rights to real estate in��.� _County to the State of Indiana for highway purposes and which is identified as Parcel # -1o on Highway Project#S1-22�-_ (A) I further acknowledge that said grant has been executed and acknowledged by the grantors without payment by me of any consideration and that I am transmitting such grant to the appropriate highway authority for review sujbect to approval. It is understood and agreed that this grant will either be returned to the grantor not approved or the State of Indiana through its proper agencies will cause such grant to be processed for payment in the amount of $ � ,-Soo OD State form 40054 INDIANA DEPARTMENT OF HIGHWAYS i Land Agent Date CITY of SOUTH BEND JOSEPH E. KERNAN, MAYOR COUNTY CITY BUILDING SOUTH BEND, INDIANA 46601 E-oii.RLT OF PUBLIC WORKS John E LPS:czynsk,. President pz,triva E DeCte,CQ IL..hAnne Hurrmphroys C E R T I F I C A T I O N CITY OF SOUTH BEND } COUNTY OF ST. JOSEPH } 219/284-9412 SS: I, Sandra M. Parmerlee, Clerk of the Board of Public Works, of the City of South Bend, St. Joseph County, Indiana, do hereby Certify that the attached and foregoing is a full, true, complete and correct copy of the excerpts of the minutes of the meeting of the Board of Public Works held on March 28, 1988, regarding the Offer to Purchase - State of Indiana (Easement/Erskine Retention Basin.), of which the original is on file in the Office of the Clerk of the Board of Public Works of the City of South Bend, St. Joseph County, Indiana. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Board of Public Works of the City of South Bend, this 6th day of April, 1988. Sandra M. Parmerlee, Clerk Board of Public Works ..aai�.li l.] 1 :ti,.t.ii CL1 lil 1.V11J t1jLL L.LU1� wYLn the bypass construction. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the appropriate Indiana Department of Highways Right of Way Grant, Uniform Land or Easement Acquisition Offer and Land Acquisition Claim Voucher in the amount of $4,800.00 were approved and executed. APPROVE LICENSE APPLICATION o SECONDHAND DEALER Mr. Leszczynski advised that the following one (1) secondhand dealers license application has been received: REGULAR MEETING MARCH 28, 1988 PARADE: Staging Area - School Field Route - Eddy Street north to Jefferson Blvd., Jefferson west to Columbia. Disbanding Area - Block Six Time - 10 a.m. to Noon (8 a.m. -- staging) BIKE RACE: Route - East of U.S. 31 Wayne Street east to Columbia, Columbia south to Western, Western west to St. Joseph, St. Joseph north to Wayne. This route requires that two (2) lanes of St. Joseph be blocked and appropriate barricades set-up. It also requires a barricade to split off the parade units at the disbanding area. Ms. Dobski stated that it is felt that the above indicated routes will provide for a safe, picturesque change from the existing routes as they are looking for the best way to enhance and lengthen the parade as well as moving the bike race closer to the heart of the Festival area. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above request was referred to the appropriate City departments and bureaus for review and recommendation. APPROVE OPENING OF CITY PARKING GARAGES ON SUNDAY APRIL 10 1988 FOR A FLAT RATE IN CONJUNCTION WITH OPENING DAY ACTIVITIES AT COVELESKI STADIUM In a Memorandum to the Board, Ms. Mikki Dobski, Director, Office of Community Affairs, requested permission to open the City parking garages on Sunday, April 10, 1988 at a flat rate of $1.00 per car. She stated that the shuttle service will be utilized between the garages and the stadium to accommodate projected opening day crowds. Ms. Dobski further advised that the stadium gates will open at 1:00 p.m., and the first baseball game is to begin at 2:00 p.m. The Clydesdale horses will be on display at the Studebaker Museum at Lafayette Boulevard from 9:00 a.m. until 3:00 p.m. Ms. Dobski also requested that she be given suggestions as to the hours the garages will be open. Upon a motion made by Ms. Humphreys, seconded by Mrs. DeClercq and carried, the request as submitted was approved and Ms. Dobski will be advised of the appropriate hours that the garages will remain open on the date indicated above. APPROVE OFFER TO PURCHASE - STATE OF INDIANA (EASEMENVERSKINE RETENTION BASIN) Mr. Leszczynski advised that the State of Indiana has requested an Easement in the Erskine Retention basin area as the State is putting a pipe in the retention basin at Ireland and Miami. He stated that the City will grant a right-of-way to put that pipe in for storm water drainage which is required in conjunction with the bypass construction. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the appropriate Indiana Department of Highways Right of Way Grant, Uniform Land or Easement Acquisition Offer and Land Acquisition Claim Voucher in the amount of $4,800.00 were approved and executed. APPROVE LICENSE APPLICATION - SECONDHAND DEALER Mr. Leszczynski advised that the following one (1) secondhand dealers license application has been received: l 7 O NTr A L A-z-c A-r -r �k -&-770m o-r l Q;E Orl`e . ;VCE� �AE ��Z12+�CII Ay Z:7y A JCE � c ro �O"Vjc:; r"J� sx�wr4 INDIANA DEPARTMENT OF HIGHWAYS �y WILLIAM G. FORD ACQUISITION SPECIALIST DIVISION OF LAND ACQUISITION MAIL ADDRESS: OFFICE ADDRESS: 1 JACKSON SQUARE STATE OFFICE BUILDING INDIANAPOLIS, IN 46204 100 N. SENATE AVENUE IN. 4b204-2249 317 232-5050 INDIANAPOLIS, How Land '�s Purchased for Highways Answers to questions about buying right-of-way for Indiana Highways Division of Land Acquisition 100 North Senate Avenue Indianapolis, Indiana 46204-2249 Phone: 317-232-5050 o�_dfMEA1T�y s c ' SEAL � This brochure is intended to answer some of the basic questions asked by property owners. As you read the publication, please make notes on any questions you may have, then ask your acquisition representative. DOES THE STATE HAVE THE RIGHT TO PURCHASE MY PROPERTY? Yes, but private property can only be acquired after payment of just compensation to the owner. Government was given the power of eminent domain in the fifth and fourteenth Amendments to the United States Constitution. This provides a means by which government agencies can acquire private property deemed essential for public .purposes. WHY MY PROPERTY? Engineers take many hours developing project locations. They balance the planning goals of the community with those of the neighborhood, attempting to do the least damage possible to the individual and the surrounding area. Locations are selected on the basis of research, planning, construction costs, safety, need, traffic service and environmental concerns to minimize disturbance to the land of all property owners involved. In urban areas, particular consideration is given to the route which will disturb the least number of people and businesses. -1- WHO WILL CONTACT ME ABOUT MY PROPERTY? Once the project location has been selected and the right-of-way determined, your property will be inspected by one or more appraisers selected by the Indiana Department of Highways (IDOH). It is their job to make a fair and impartial determination of payments you should receive for your property. The appraiser will fully inform you of the effect the new road will have on your property. If there are certain questions which cannot be answered, the employee will make note of your concerns and give you the answers at a future meeting. Meetings are conducted at your convenience. Discussions are similar to private real estate transactions, except the state has the right to begin eminent domain proceedings if negotiations fail. HOW IS THE VALUE OF MY PROPERTY DETERMINED? It is the state's responsibility to make sure you receive the same amount of money that any sale of your property would bring on the open market. If only a part of your property is needed, the amount offered will be equal to the difference between the fair market value of the entire property before the acquisition and the fair market value of the remaining property after the acquisition of the required right-of-way. To accomplish this, the state's appraisers thoroughly inspect your property and buildings. They also will analyze sales of similar properties in your area over the last few years. Information necessary to make an accurate determination of the fair market value of your property will be obtained. The appraiser will have many questions and you will have an opportunity to accompany the representative on the inspection. Your cooperation will insure against omissions in preparing the appraisal and allow you the chance to provide needed information about your property. Next, the appraisal will be completely examined by a review appraiser. This insures all aspects affecting the value of the property have been considered to accurately determine its value. An acquisition representative will then contact you to discuss the purchase of your property. An offer will be presented to you for the full appraised amount. HOW LONG WILL I HAVE TO MAKE A DECISION ABOUT THE OFFER? By law, you are allowed twenty-five (25) days from the date of the state's offer letter to accept or reject the proposal. You may accept the offer and sign the necessary papers before the end of the 25 days. The offer letter has more information regarding your rights. -2- -3- WHAT IF I CAN'T REACH AN AGREEMENT WITH THE STATE? If you don't accept the offer, the following steps are taken to acquire the property through eminent domain proceedings. 1. The IDOH passes a condemnation resolution and files a condemnation suit. 2. The court appoints three appraisers who make an independent appraisal of the property. 3. If you or the state disagree with the appraiser's report, either party has the right to ask for a jury trial to decide payment for the condemned property. Your rights are fully protected under the law. You will have the opportunity to present your case. WHAT IF I HAVE TO MOVE BEFORE THE COURT MAKES AN AWARD? If the court appraiser's report is not accepted by either party, the IDOH has the legal option of depositing the amount of the appraiser's evaluation with the court. When a deposit is made, the IDOH is legally entitled to immediate possession of the property. If an occupied dwelling is involved in the acquisition, a thirty (30) day notice is sent. This notice states you have a minimum of 30 days from the date of the court deposit in which to move. You may, subject to court approval, withdraw from the amount deposited with the court. Your withdrawals in no way affect the proceedings in your court case. But, if the final award is less than the withdrawal you have made, you will be required to repay the court any excess owed over the final award. WHAT ABOUT IMPROVEMENT ON MY PROPERTY? Two alternatives are offered if buildings or other improvements are on land needed for the right-of-way. First, you may sell the improvements to the state. You will be offered full, fair -market value for your improvements and land. Second, you may keep your improvements for the appraised salvage value and then move them, at your expense, to another location of your choice. HOW MUCH TIME WILL I HAVE? The IDOH makes every effort to time its offer of purchase well in advance of construction. No occupant will have to move without a minimum of ninety (90) days notice after negotiations have begun. In some cases more time is available. 1 2 3 4 5 1 2 3 4 r~ ~•1 2 6 7 8 9 10 11 22 5 6 7 8 9 10 11 3 4 5 6 7 8 9 13 M 16 16 17 18 19 12 13 14 16 16 17 18 10 11 12 13 14 15 18 20 21 22 23 24 25 26 19 20 21 22 23 24 25 T7 18 19 20 21 22 23 27 28 29 30 26 27 28 29 30 24 25 26 27 28 29 30 -4- -5- WILL I HAVE TO PAY INCOME TAX ON MY SALE TO THE STATE? The sale of property for public purpose falls under the Internal Revenue Service's (IRS) classification of "involuntary conversion." It may not be necessary to pay an income or capital gains tax, depending on how and when you reinvest profits from the sale. Payment for damages for property taken during acquisition may not be taxable. These items are explained in IRS publication number 549. We suggest you contact the nearest IRS office to discuss your case. WHERE CAN I GO WITH QUESTIONS? The acquisition representative is your nearest and best source of information. During the negotiation process they are. usually in the area. You can also write the Land Acquisition Division, IDOH, State Office Building, 100 N. Senate, Indianapolis, IN, 46204-2249. The phone number is 317/232-5050. WHAT IS EARLY ACQUISITION? In hardship cases the opportunity exists for early acquisition of a landowner's property. Any request must be submitted in writing to the Chief, Division of Land Acquisition. For further information on this subject contact your acquisition representative. WILL I RECEIVE RELOCATION ASSISTANCE AND MOVING REIMBURSEMENT? Moving payments for families and businesses who have to relocate are provided. The state furnishes relocation assistance. In certain instances, owner and tenant occupants may be entitled to a replacement housing payment. No resident will be required to relocate unless safe and habitable housing, suiting their needs and within means, can be located. Further information regarding these topics is furnished to all owners and tenants prior to negotiations. Relocation representatives will later meet personally with the occupants to assist with their relocation programs and to offer relocation entitlements. Notes -6- -7- STATE a f INDIANA INDIANA DEPARTMENT OF HIGHWAYS 100 North Senate Avenue Indianapolis, Indiana 46204-2249 City of South Bend County -City Building 227 West Jefferson Ave. South Bend, Indiana 46601 Dear Sir: INDIANAPOLIS Room 1101, State Office Building 317-232.5 533 Project: ST-226-7 (A) Parcel : 930 Date Code 2274 It is the policy of the Division of Land Acquisition of the Department of Highways of Indiana to accept for review any appraisals prepared for the property owner by a qualified appraiser, preferably a licensed real estate broker. There are several elementary but very basic factors that must be included in any appraisal submitted for review to make it acceptable for the purpose. We are aware that any one familiar with acceptable appraisal procedures need not be reminded of these basic factors. It is mentioned here only as a reminder to alert the appraiser to the requirements. They are as follows: The land values, and where applicable the entire property value, must be based on and supported by comparable sales made in the area. Realistic adjust- ments must be made to reflect the degree of comparability between the properties. Comparable location, sale price, record book and page number of deed record must be included in appraisal. Comparables should be included to reflect both before and after values. The damages if any, must be fully explained and justified by a narrative statement. It is required that the comparable sales be adjusted by percentage, or by lump sum figures to reflect the comparable's relationship to the subject property, with justification of the adjustment factors such as date of sale, location, topography, etc. If real estate is commercial income producing property, appraisal by the income approach is required. It can readily be seen by the above simple basic requirements that an appraisal must be supported by factual data and that the items of damage must be fully documented. An appraisal based on these facts is readily acceptable for review. Very truly yours, Land Agent William G. Ford State Form 38977 An Equal Opportunity Employer State Form 41907 Form 1. C.-120-BP Purchase Grant Regular Long —A Revised 7-81 PLANS DATED INDIANA DEPARTMENT OF HIGHWAYS STATE OFFICE BUILDING INDIANAPOLIS, INDIANA 46209 RIGHT OF WAY GRANT ROAD U.S.R. 20 TEMPORARY RIGHT OF WAY FOR BUILDING REMOVAL: OTHER TEMPORARY RIGHT OF WAY: . . . . . . . . . . SHEET 1 OF PROVISIONAL RIGHT OF WAY: . . . . . . . . . . . . . . 0.122 acres Project ST-226-7(A) Cody 2274 Parcel 30, 2 SHEETS GRANTED GRANTED GRANTED This indenture witnesseth that the undersigned, as grantors and sole owners to land in _ S t . Joseph County, Indiana, more definitely described below, through, over and upon which will pass a public highway, and any incidental improvements related to said public highway, as proposed by the State of Indiana, hereby grant, bargain, warrant and convey to the State of Indiana, for Right of Way, lands as described below and located by surveys and shown on plans on file in the offices of the Indiana Department of Highways. The description from said plans of said right of way hereby granted is as follows: PARCEL 30 PROVISIONAL RIGHT OF WAY An easement in and to the following -described real estate, to wit: A part of the Southeast Quarter of Section 25, Township 37 North, Range 2 East, St. Joseph County, Indiana, described as follows: Commencing at the northeast corner of said quarter section; thence South 0 degrees 28 minutes 59 seconds East 350.00 feet along the east line of said quarter section to the northeast corner of the owner's land; thence South 88 degrees 09 minutes 51 seconds West 40.00 feet along the north line of the owner's land to the west boundary of Miami Highway; thence South 0 degrees 28 minutes 59 seconds East 101.20 feet along the boundary of said Miami Highway to the point of beginning of this description: thence South 0 degrees 28 minutes 59 seconds East 75.00 feet along said boundary; thence South 89 degrees 37 minutes 00 seconds West 71.19 feet; thence North 0 degrees 23 minutes 00 seconds West 75.00 feet; thence North 89 degrees 37 minutes 00 seconds East 71.06 feet to the point of beginning and containing 0.122 acres, more or less, for the purpose of constructing, maintenance, and use of storm sewer, and upon which easement the State and its authorized agents shall have the right to enter at any time for the purpose of clearing said real estate of any obstructions in order to maintain said storm sewer. 6019D OF MUC Ej'9,R1',$ I Y 1 rER%Dr 10 0 SI 7-30-87saw PWM I. C. 120-11T Pkirchare drnni State Form 143G9 Regular rung--B Revised 7-81 PARCEL NO.. 30 PROJECT No. ..S7.-226-7_(A)------- SHEET....... 2.......... -----of -------- ?-------------- SHEETS. It is hereby agreed as part of the total consideration as shown below that possession of the buildings and the land constituting the homesite on the real estate above described will be surrendered withim.W. W.-A....-days from the date first payment is received, and $-. None _ -_ _ will be held in Escrow until said possession is given. Possession of the balance of the real estate will be given upon receipt of the first payment in the amount indicated herein. The above and foregoing grant is made in consideration of payment of the sum of-Four-Thousa_ nd-- ___!✓igbt_.Hundred_and--no/.10.0._....__.Dollars ($_4.'NQ-t- Q______________), which sum shall be paid or held in escrow as specified to the order of ........ ...................... City -of-_So th-Bend---.._-.___ ----------------------------------------- -----.................... County-City.-.>3u] 7.dig - -----------------------------------------............................... West_ -Jefferson -Ave-----------... -------------------------------------------• •--------------- -- South- Bendl Indiana_.46601------ ------ ---------------------------------------------------- •------ ------------------------------------------------------ --------------------------------------------- (Give address of Payee) It is further understood and agreed that this conveyance transfers only the right to make, construct and maintain such highway on said lands and to use any material lying within the above described limits suitable for use in constructing and maintaining said highway and does not convey any rights to any minerals or other Substances underneath the surface, except as it may be used for the construction or maintenance of such improved highways, Any and all timber, shrubbery, fences, buildings and all other physical improvements on the above granted, right of way, not specifically reserved by special provision stated above, shall become the property of the State of Indiana. When, by special provisions as stated above, any trees and/or shrubs are to be left standing on said right of way, it is mutually agreed and understood by grantor and grantee, that such special provision is only for such period as the excepted trees and/or shrubs shall not constitute an obstruction to future construction or hazard to power lines or traffic as shall be determined from time to time by the Indiana Depariment of Highways through its authorized representatives, It is understood and agreed that all provisions of this grant are stated above and that no verbal agreements or promises are binding. It is also mutually agreed by grantor and grantee that this is a permanent easement unless otherwise specified for Highway purposes and shall be binding until specifically vacated by resolution by the Indiana Department of Highways. The undersigned . Grantors t being duly sworn, says that he, she (is) or they (are) the sole owner(s) pf the above described property, and said grantors further represent that there are no encumbrances, leases, liens or options of any kind or character on said lands as conveyed, except as shown below, and that they make this representation for the purpose of inducing the Indiana Department of Highways to pay them the amount herein stipulated. Grantor further agrees to assume for the property described above all taxes payable for current and prior years and any taxes now a lien on said property. h,ortgagee: This grant is to be and become effective binding frorrl and after its apprgval by the Indiana Department of Highways. Land and in.provements..-70--.-__......... .......: Damages ... .$41-MQ .QQ---------; Total consideration- $4,_800-.-00...__.__. -------------- -• .. .... .............................. ....................................... (Grantor) City_..of- .South. Bend.......... ......... Ry.: i<...�o... (Grantor) ph E. Kernam, Mayor (Grantor) Attest: .....- ................ (Grantor) ......................................... Irene K. Gammon, City (J,&j or) ....................... .._ --------- --........ (Grantor) .......... _.._....... ......................... .......................................... (Grantor) _.- ---- ---- --- ....... (Grantor) ....... ........................ ........ --- -- ....._... .-..................... ...... ...---------- (Grantor) .................................................................. ......... ---- I ...... -........ .......... (Grantor) .......... ..................... -- ._............_........--- -------.................... I.— --- (Grantor) - ---- -- .- ------ ._..... ....... ---•_............... ------------- —............. (Grantor) ... ........... I ..... ..... ...,............. -._ ....................................... (Grantor) Dated -- ........... ...... This instrument prepared , AMOUNT THE ABOVE GRANT IS HEREBY ACCEPTED. APPROVED BY Date BY STATE OF INDIANA , - DESCRIPTION PAID BY BY & FORM OK'D WARRANT NO. — Title BY DATET) Indiana Department of Highways DATE , 19 7-30-87saw Stage of Indiana, Country of ss: Personally appeared before me and acknowledged the execution of the above agreement, and being duly sworn, facts therein are true, this day of Witness my hand and official seal 19 — ��y Commission expires ' upon their oath stated the (Notary Publ State of Indiana, County of St. Joseph ss: Personally appeared before me Joseph E. Kernan kand acknowledged the execution of the above agreement, and being duly sworn, upon their oath stated the facts therein are true, this 30th day of March 19 gg . Witness my hand and official seal. My Commission expires February 9, 1990�� Denise Sullivan (Notary Public) State of Indiana, County of ss: Personally appeared before me and acknowledged the execution of the above agreement, and being duly sworn, upon their oath stated the y facts therein are true, this day of 19 Witness my hand and official seal. ` My Commission expires State of Indiana, County of SS; (Notary Public) Personally appeared before me and acknowledged the execution of the above agreement, pnd being duly sworn, upon their oath stated the facts therein are true, this day of Witness my hand and official seal. My Commission expires - - (Notary Public) State of Indiana, County of ss: Personally appeared before me and acknowledged the execution of the above agreement, and being dply sworn, upon their oath stated the facts therein are true, this day ofJ 19 Witness my hand and official seal. My Commission expires _ - (Notary Public) The undersigned owner of a mortgage and/or lien on the land of which the right of way described in the attached grant, is conveyed, hereby releases from said mortgage and/of lien said granted right of way, and do hereby consent to the payment of the consideration therefor as directed in said grant, this day of (Seal) (Seal) State of ss' County of ✓ Personally appeared before me release the day of 19 . (Seal) (Seal) above named anq duly acknowledged the execution of the above , 19— Witness my hand and official seal. My Commission expires (Notary Public) State Form 41907 Form 1. C.--I20--BP Pa chase Gr;mt INDIANA DEPARTMENT OF HIGHWAYS Regular Long A STATE 01:1:lch B1111DING Revisal?-81 1NDIANAPol_IS, INDIANA 46209 RIGHT OF lVAY GRANT PLANS DATED ROAD U. S.R. 20 SHEET ; o,= 2 TEM120RARY r2IGHT of WAY FOR BUILDING REMOVAI-S _ OTiir-R TEMPORARY RIGHT OF WAYS . . . . . . . • . • 0.122 acres PROV151UNAL RIGHT OF WAY:. . . . . . . • . • • Project . ST-226-7(A) (:udr 2274 Parcel 30 SHEETS f , GRANTED GRANTED GRANTED This indenture witnesseth that the undersigned, as grantors and sole owners to land in .__ St. Joseph County, Indiana, more definitely described below, through, over and upon which will pass a public highway, and any incidental improvements related to said public highway, as proposed by the State of Indiana, hereby grant, bargain, warrant and convey to the State of Indiana, for Right of Way, lands as described below and located by surveys and shown on plans on file in the offices of the Indiana Department of Highways. The description from said plans of said right of way hereby granted is as follows: PARCEL 30 PROVISIONAL RIGHT OF WAY An easement in and to the following —described real estate, to wit: A part of the Southeast Quarter of Section 25, Towiiship 37 North, Range 2 East, St. Joseph County, Indiana, described as follows: Commencing at the northeast corner of said quarter section; thence South 0 degrees 28 minutes 59 seconds East 350.00 feet along the east line of said quarter section to the northeast corner of the owner's land; thence South 88 degrees 09 minutes 51 seconds ]lest 40.00 feet along the north line of the owner's land to the west boundary of Miami Highway; thence South 0 degrees 28 minutes 59 seconds East 101.20 feet along the boundary of said Pliami Highway to the point of beginning of this description: thence South 0 degrees 28 minutes 59 seconds East 75.00 feet along said boundary; thence South 89 degrees 37 minutes 00 seconds West 71.19 feet; thence North 0 degrees 23 minutes 00 seconds [lest 75.00 feet; thence North 89 degrees 37 minutes 00 seconds East 71.06 feet to the point of beginning and containing 0.122 acres, more or less, for the purpose of constructing, maintenance, and use of storm sewer, and upon which easement the State and its authorized agents shall have the right to enter at any time for the purpose of clearing said real estate of any obstructions in order to maintain said storm sewer. HARD OF PUBLIC 1'1G,RKS pp „r) 9r L1QQ exce 7-30--87saw F-rrrn I. C. I2o-ra1' State porn, 14369 Pard — tlrant Re„Ular I.onST--B Revised 7.81 PARCE''L No ... ... 3 ......... .... PROJECT SIIEET.------ 2---------- of.......2 .--- ..... SEEETS. It is hereby ati;reed as part of tite total consideration as shown below that possession of the buildings and the land constituting; the honiesite on the real estate above described will be surrendered within--WA.....days fro1u the date first payment is received, and Uf1 ................ will be held in Esel,ow until said possession is given. ['osscssioti of the balaaltce of the real estate will be given upon receipt of tlee first 1myment in the remount indicated herein. The above and foregoing; grant is made in consideration of payment of the sum of.Pour-ThO'.zsi nd-........ . Light..Hunfted .and_no/10.0.......-.Dollars ($..4.r$00,00........... .), wlliell slim shall be paid or held in escrow as specified to the order of ............... .......... Ci.ty_ ©r.-south- Bend. -- .------------------------------................... --- -------- CoLulty-cr y Bui,lam.1.............. ............... ............ .................. --.... ---•- .............. .._....------ 227 We Jefferson -Aver ----------------- ........... South -Fiend.,... Indiana--46601. ---.--..-- -------------------------•---------•--------•-----------------•--------..._...............----•-•--•--•.-----....-----....................................... (Give address of Payee) It is fuI they understood and agreed that this conveyance transfers only the right to make, construct and maintain such highway on said lands and to use any material lying within the above described limits suitable for use in constructing and maintaining said highway and does not convey any rights to any rrrincrals or other substances underneath the surface, except as it may be used for the construction or maintenance of such improved highways. Any and all timber, shrubbery, fences, buildings and all other physical improvements on the above granted right of way, not specifically reserved by special provision stated above, small become the property of the State of Indiana. when, by special provisions as stated above, any trees and/or shrubs are to be left standing on said right of way, it is mutually agreed and understood by grantor and grantee, that such special provision is only for such period as the excepted trees and/or shrubs shalt not constitute an obstruction to future construction or hazard to power lines or traffic as shall be determined from time to time by the Indiana Department of Highways through its authorized representatives. It is understood and agreed that all provisions of this grant are stated above and that no verbal agreements or promises are binding. It is also mutually agreed by grantor and grantee that this is a permanent easement unless otherwise specified for Highway purposes and shall be binding until specifically vacated by resolution by the Indiana Department of Highways. The undersigned . Grantors being duly sworn, says that he, she (is) or they (are) the sole owner(s) pf the above described property, and said grantors further represent that tht* re are no encumbrances, leases, liens or options of any kind or character on said lands as conveyed, except as shown bel6w, and that they ma};e this representation for the purpose of inducing the Indiana Department of Highways to pay them the amount herein stipulated. Grantor further agrees to assume for the property described above all taxes payable for current and prior years and any taxes now a lien on said property. Mortgagee: This grant is to be and become effective binding froin and after its approval by the Indiana Department of Highways. Land and improvements... -a- .................. .. : Damag;es...$4,-800..00---.-- .. ; Total consideration..$_4,.80-O...Q0......... Dated ..... . - ........ . ......, IJ..... . This instrument prepared A1110('NT TliE ABOVE GRANT IS IILREBY ACCEIITED. lt',' --------------- - STATE OF INDIANA By- _ 1)ESC R1F'TION' PAID Ii1' - -�-Title -- ---- & FORM O1C'I).. 111 WARRANT NO. fly _. _.. - _ _ I DATED i , Indiana Department of Highways DA'i'E- 19—_ 7-30-87savi - FFr' State of Indiana, bounty of Personally appeared before me ss and ackncwierlged the execution of the shave agreement, �n -being ---- — facts therein are true this _-- -�-- ' say of d duly sworn, upon their oath stated the Witness my fund and offi(,iai seal. P14Y ComlTlission expires (Notary Public) State of Indiana, County of Personally appeared before me and acknowledged therein aret the execution of the above agreement, and being duly sworn Upon Their oath stated facts therein are true, this _ _ the Witness my hand and o� fficial seal, day of - 1� — - My Commission expires _ (Notary Public) State of Indiana, County of -- — - �. -- --- ss: Personally appeared before me and acknowledged the execution of the —above---- agreement, and being duly sworn, upon their oath stated the facts therein are true, this — day of Witness my hand and official seal. � -- 13 My Commission expires S'a m of Indiana, County of ss; (Notary Public) Personally appeared before me and acknowledged the execution of the above agreement, and being duly ,worn, Ilpon their oath stated the facts therein are true, this day of 1� Witness my hand and official seal. MY Commission expires State of Indiana, County of ss: (Notary Public) Personally appeared before me and acknowledged the execution of the above agreement, and being owly sworn, upon their oath stated the facts therein are true, this day of Witness my hand and official seal. ?9-- My COrnmission expires (Notary Public) The undersigned owner of a mortgage and/or lien on the land of which the right of way describes in the attached grant, is conveyed, hereby releases from said mortgage and/or lied said granted right of way, and do hereby consent to the payment of the consideration therefor as directed in said grant, this __day of ----- - - - - (Seal) State of — _ .--- -- -- _-- County of ss; -� _-- Personally appeared before 19 (Seat) (Seal) above named and duly acknowledged the execution of the above release the -- --- day of _ -_—_— _-, 19 Witness my hand and official seal. MY Commission expires —_- I€'�o[ary Pul71ic1 �� L E GA L D E P ARTMEN T = NT E RO F F I C E MEMORANDUM TO = JOHN E. LESZCZYNSKI D ATE = MARCH 21, 1988 CITY ENGINEER FROM = THOMAS L. BO CHIEF DEPUTY CIM EY RE : STATE OF INDIANA EASEMENT - ERSKINE RETENTION BASIN I have reviewed the documents concerning the offer of the State of Indiana to acquire an easement for use in the Erskine retention area. The required papers are all present. The one area which concerns me is the right which is granted to enter and clear all obstacles in order to maintain the system. Will this create a problem for you? If not, this can be put on the Board of Public Works' agenda. TLB/M--L L E G AL D E P ARTMENT = NT ERO F F = C E MEMORANDUM TO _ JOHN E. LESZCZYNSKI IDAT E = MARCH 21, CITY ENGINEER FROM _ THOMAS L. BO CHIEF DEPUTY CIT TO-P>NEY RE STATE OF INDIANA EASEMENT - ERSKINE RETENTION I have reviewed the documents concerning the offer of the State of Indiana to acquire an easement for use in the Erskine retention area. The required papers are all present. The one area which concerns me is the right which is granted to enter and clear all obstacles in order to maintain the system. Will this create a problem for you? If not, this can be put on the Board of Public Works' agenda. TLB/M-L _; S I j x ' Q 110WP. J328- 45 j ALL RN ON THI SHOWN. AL L Rl�� Th��S '�S a o SHEE"T -- --- - � ti z = v . o a :EXCEPT AS sH01�lV o Q O ®? m a�hlcr� c Q� 16 v�� Cv C 91 O L 60 ZJ LC Lr� SCOTT5DALE MALL �I , 8o S TR. NO. I PARTNERS J.TD. all C� CAsphQ/t) � �IIj h I '� L6 f b ts5 f 50, 64" lip toe 7L43 ' �/---- PD.T 40t00 I - WQl/s ~`_ - � _= _ _--_ fig, __ -7 I r -i41, 22 O 2 5 3 Oo E I�� I 54' Sf — �'8uried Te/ Cable In Cond•iif /�f Storm 17" _ f 92, 2�' 6'Conc Cr6. , . I 34 24 P B - ltf I BT E> 7907 f-09 50 -7067 8, �� f /13,40'- i 3,9.3 i 7.5_Co"c. 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