The URL can be used to link to this page

Home My WebLink About#1447- Deed; GRANT OF EASEMENT Lot 54, Section 5 (requested by Lang Feeney on behalf of Jack Hickey Associates)RELEASE OF EASEMENT Southwest corner of Lot. 54 in Kens}1.gk Larms East P.U.D. becLs-on 5 (Requested by Lang Feeney on behalf of Jack Hickey Associates) 9000734 RELEASE OF EASEMENT WHEREAS, the Civil City of South Bend, Indiana, by and through is Board of Public Works (hereafter, the "City") , obtained from Jack Hickey Associates, Inc. (hereafter, the "Grantor") an easement for storm water drainage over, upon, under and across a parcel of land situated in St. Joseph County, Indiana, commonly known as Lot 54, Kensington Farms East P.U.D., which easement is more particularly described as follows: Commencing at the Southwest corner of Lot 54 in Kensington Farms East P.U.D., Section 5 as shown in the Office of the Recorder of St. Joseph County, Indiana as document number 8717312; thence North 17-28'-10" East along the West line of said Lot 54, a distance of 13.78 feet to the place of beginning; thence continuing North 17-281-10" East along said West line, a distance of 12.38 feet; thence North 71-22'-53" East, a distance of 122.79 feet; thence South 0-06'-30" West parallel with the East line of said Lot 54, a distance of 10.56 feet; thence South 71-22'-53" West, a distance of 126.69 feet to the place of beginning; and WHEREAS, said storm water drainage sewer is located eccentrically within said easement, whereas it is the desire of the City and Grantor that said storm water drainage sewer be centered within an easement; and WHEREAS, the City and Grantor have agreed to the release of said easement upon the condition that the Grantor immediately thereupon grant to the City a new easement over said Lot 54, Kensington Farms East P.U.D., within which new easement said storm sewer would be centered and which new easement would be more particularly described as follows: Commencing at the Southwest corner of Lot 54 in Kensington Farms East P.U.D., Section 5 as shown in the Office of the Recorder of St. Joseph County, Indiana as document number 8717312; thence North 17-28'-10" East along the West line of said Lot 54, a distance of 10.07 feet to the place ofr beginning; thence continuing North 17-28'-10" EE=st along said West line, a distance of 12.38 feet; thence North 71-22'-53" East, a distance of 123.--96. feet; thence South 0-06'-30" West parallel with ri the East line of said Lot 54, a distance of 10.59 feet; thence South 71--22'-53" West, a distance oz 127.86 feet to the place of beginning. � c rj sue„ NOW, THEREFORE, BE IT RESOLVED that the Civil City of South Bend, Indiana, acting by and through its Board of Public Works, hereby releases and terminates all rights and interest in the following described easement, situated in St. Joseph County, Indiana: Commencing at the Southwest corner of Lot 54 in Kensington Farms East P.U.D., Section 5 as shown in the Office of the Recorder of St. Joseph County, Indiana as document number 8717312; thence North 17-28'-10" East along the West line of said Lot 54, a distance of 13.78 feet to the place of beginning; thence continuing North 17-28'-10" East along said West line, a distance of 12.38 feet; thence North 71-22'-53" East, a distance of 122.79 feet; thence South 0-06'-30" West parallel with the East line of said Lot 54, a distance of 10.56 feet; thence South 71-22'-53" West, a distance of 126.69 feet to the place of beginning, upon condition that immediately upon said release Jack Hickey Associates, Inc, grant to the City the following described easement, situated in St. Joseph County, Indiana: Commencing at the Southwest corner of Lot 54 in Kensington Farms East P.U.D., Section 5 as shown in the Office of the Recorder of St. Joseph County, Indiana as document number 8717312; thence North 17-28'-10" East along the West line of said Lot 54, a distance of 10.07 feet to the place of beginning; thence continuing North 17--28'-10" East along said West line, a distance of 12.38 feet; thence North 71-22'-53" East, a distance of 123.96 feet; thence South 0-06'-30" West parallel with the East line of said Lot 54, a distance of 10.56 feet; thence South 71-22'-53" West, a distance of 127.86 feet to the place of beginning; and 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 �7�- day of 77414U4CV , 1990. `!'ice ..•�; a :� �•. . RJR ;ATST: tvG� Sandra M. Parmerlee, Clerk Board of Public Works STATE OF INDIANA SS: ST. JOSEPH COUNTY CITY OF SOUTH BEND, INDIANA BY ITS BOARD OF PUBLIC WORKS . Leszcz �J , President Patricia E. DeClercq ( &7- /M AFTENDANCF Ar MT(--', Katherine Humphreys Before me, a notary in and for said County and State, personally appeared John E. Leszczynski, Patricia E. DeClercq aT4d-K-�er-:�-r7e known to me and constituting the Board of Public Works of the City of South Bend, Indiana, who acknowledged the execution of the above and foregoing instrument at their free act and deed this day of 1990. f: ;" �•'%,.-r SA�(!)/'1j 01/'f�('�C�'C�c , Notary Public '.-�• Resident of St. Joseph County, IN M ". Comffin s�st_on +ram Expires: _ s •./ .. This instrument prepared by Jenny Pitts Manier, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. JPM/BPWI:REL-EASEMENT -- 2 - 000734 ,op [)Fp LANG, FEENEY and ASSOCIATES, INC. LAND SURVEYING — ENGINEERING 715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46618 TELEPHONE 219/233-1841 WILLIAM D. LANG. PRES. JOHN B. FEENEY, L.S. TERANCE D. LANG, L.S. GEORGE J. MITCHELL, L.S. Jenny Pitts Manier City of South Bend 1400 County/City Building South Bend, In 46601 Dear Ms. Manier SUB -DIVISIONS BOUNDARY SURVEYS TOPOGRAPHIC SURVEYS CONSTRUCTION SURVEYS January 5, 1944AN =' 8 1990 CITY c.' ;W'`ID Enclosed please find the signed copies you sent to us for the Release and Grant of Easement for Lot 54 in Kensington Farms East. Sincerely F ENEY & ASSOCIATES INC. �i . - &7 J Bernard Feeney SptfrH B b City of South Bend Joseph E. Kcrnan. Mayor Department of Law Richard A. Nussbaum, I1, City Attorney January 3, 1990 ,nr- . Bernard Fenney Lang, Fenney and Associates, Inc. 715 South Michigan Street South Bend, IN 46618 Re: Lot 54 - Kensington Farms East Release of Easement/Grant of Easement Dear Mr. Fenney: I am enclosing, for your review, the Release of Easement you requested, which the City's Board of Public Works will execute at its January 8, 1990 meeting. You will note that the effectiveness of the Release is expressly conditioned upon the grant of a second easement to the City by Jack Hickey Associates, Inc. As we discussed, I have prepared, and am enclosing, the Grant of Easement, which, when executed, will satisfy that condition. I would propose that the Board execute the Release on January 8th, that the Release be recorded by the Board's Clerk immediately thereafter, and that proof of execution and recordation be submitted to you so that the Grant of Easement may be executed by Jack Hickey Associates, Inc. for formal receipt and acknowledgment of the same by the Board of Public Works at its January 15th meeting. Please call if you have any questions. Sincerely, Jenny itts Manier Assistant City Attorney cc: John E. Leszczynski Sandra M. Parmerlee, Clerk JPM/C:LETTERS 1400 County -City Building 0 South Bend, Indiana 46601 • 219/284-9241 Thomas L. Bodnar Sandra A. Boyd David C. Chapleau Jenny Pitts Manier Carolyn V. Pfotenhauer Robert C. Rosenfeld f I 3NV-1 XDV1313S ,92 LEGAL DEPARTMENT =NTEROFF2 CE MEMORANDZJM Z'd = SANDRA M. PARMERLEE DATE = CLERK JANUARY 4, 1990 BOARD OF PUBLIC WORKS FROM = JENNY PITTS MANIER ASSISTANT CITY ATTORNE RE = RELEASE OF EASEMENT Please place the attached Release of Easement on the Board of Public Works agenda for January 8, 1990. Thanks. Attachment JPM/C:2PARMERLEE I 3NI1 MOV813S ,92 DATE: DECEMBER 18, 1989 �I TO: MR. MICHAEL P. MEEKS, DIRECTOR, DIVISION OF ENGINEERING 1 MS. JENNY PITTS MANIER, ASSISTANT CITY ATTORNEY FROM: SANDRA M. PARMERLEE, CLERK RE: REQUEST FOR REVIEW AND RECOMMENDATION The Board of Public Works has received the following request. I would appreciate your reviewing this matter and providing to the Board a recommendation at your earliest convenience. REUEST: OF LANG, FEENEY & ASSOCIATES TO RELEASE EASEMENT Q DATE OF EVENT: CONTACT PERSON: & APPROVE NEW EASEMENT - LOT 54 KENSINGTON FARMS E. N/A BERNIE FEENEY (233-1841) RECOMMENDATIONS AND COMMENTS: ` '1-1 -----------------------------------------------------------------;�� BUREAU OF TRAFFIC AND LIGHTING* APPROVE DENY PAID EVENT?: YES NO T&L TO ARRANGE MEETING WITH SPONSOR?: YES fy� NO E} COMMENTS: ----------- POLICE DEPARTMENT TRAFFIC DIVISION APPROVE DENY COMMENTS: ----- CITY ATTORNEY'S OFFICE APPROVE DENY INSURANCE REQUIREMENTS?: YES NO WHAT TYPE? COMMENTS. 3NIi nvlgl9S ,9Z 44 LANG, FEENEY and ASSOCIATES, INC. J LAND SURVEYING — ENGINEERING 715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46618 TELEPHONE 2191233-1841 WILLIAM D. LANG, PRES. JOHN B. FEENEY. L.S. TERANCE D_ LANG, L.S. GEORGE J. MITCHELL, L.S. Ms. Sandy Parmerlee, Secretary South Bend Board of Public Works 13th Floor County City Building South Bend, In. 46601 Re: Lot 54 - Kensington Farms East Release of Easement Dear Sandy, SUB —DIVISIONS BOUNDARY SURVEYS TOPOGRAPHIC SURVEYS CONSTRUCTION SURVEYS Dec. 11, 1989 , 0A.1R s. i 'Ib'"T. DEC 1*81989 �� IvE�2iNG I�cPT C IT y 7 15 6PC . In November of this year, I appeared before the South Bend Board of Zoning Appeals requesting a variance on the Lot noted above and pictured herein. The variance was granted by the Board "subject to resolution of the Drainage Easement across Lot 54" The resolution of the problems currently affecting this easement amount to nothing more than releasing the existing easement and replacing it with an easement which will now be centered over the storm water pipe running through Lot 54. It is with these facts in mind that we are requesting that the South Bend Board of Public Works formally release the 10 foot wide drainage easement which now crosses Lot 54 in a diagonal fashion from East to West. We are attaching a drawing prepared by this office bearing drawing number 15118 indicating the current manner in which the easement is laid out. This drawing is entitled "DRAINAGE EASEMENT TO BE RELEASED". It is accompanied by a legal description of the easement which is enclosed and entitled "DRAINAGE EASEMENT TO BE RELEASED". For your information as well as that of the Board, we are including a drawing and legal description of the easement which we will have recorded after the Board of Works releases the one currently in effect. Both the drawing and legal description are entitled "NEW DRAINAGE EASEMENT". If there is anny additional paperwork required in order for the Boark of Works to consider this petition, please advise me at your earliest possible convenience. Further, please let me know the date of the meeting at which the Board will be considering this request. Also, 3N11 NBbel3S ,SZ If you have any questions, Please feel free to contact me at your cc: Jack Hickey erely, ;J.- Bernard Feeney 3Nll NOV8AS WILLIAM D. LANG, PRES. JOHN H. FEENEY, L.S. TERANCE D. LANG, L.S. GEORGE J. MITCHELL, L.S. LANG, FEENEY and ASSOCIATES, INC. LAND SURVEYING -- ENGINEERING 715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46618 TELEPHONE 219/233-1841 SUB -DIVISIONS BOUNDARY SURVEYS TOPOGRAPHIC SURVEYS CONSTRUCTION SURVEYS November 28, 1989 Description KensingtonFarmsEast, Section Eto be asement Comsnenc ing at the Sout Sect Section corner 5 as Of Lot i n4 the Kensincgton Farms East P.U.D., Indiana as Office of the Re717312 , thence North 17 St. Joseph C28'� t10" East along document number 8 the West 1 i ne of said Lot 5nce contstance of inuing i nu i ng North 78 -28'� 10� the place of beginning; the thence East along said West line, a distance of 12.38 feet' thence of 12279 feet; North 71-22'-53" East llelswithethe East.line of said Lot South 0-06'-30" West para 54, a distance of 10.56 feto the place s of beginning. West, hence ng5 a distance of 126.69 feet i r 3N11 )QV913S ,9Z 25' SETBACK LINE j TAMER C / OURT � / N.IT° h 1 28 ► 975I O� F' 1 I � 1 _ 1 z z w w 1 1 I < y 2 f a I I,! 1 Z w N (P tr �� a N_\ 3 W � `fl' vin 1 o w rn CD 0- o NtS 1 a ti O 0 1 I � 1 as � 1 I w 1 z 1 z a 0 110.56'1 S.00006' 30"W. 15' DRAINAGE a UTILITY EASEMENT This is to certify ttrat we surveyed the above ty and Ilnd that the buildings stand stricity vi the title lines and that there are no encroachmentln s. DRAINAGE EASEMENT TO SE RELEASE N LOT 54 KENSINGTON FARMS EAST P U.D.: for JACK HICKEY ASSOCIATES INC. 70.00' S.00006' 30"W. nEdlSrEnED LAND Sl1RVEYOR Leng, Fleer1-Y Sr Land Inc. 1nc. �a Yr'a '6'- Engin-eer-s 715 South Miigan Street South Band, 1ndichAna 46618- i 601 Phone 219-233-1841 er j1RAW)NG NO. 20' 12-6--eg 15119 WILLIAM D. LANG, PRES. JOHN B. FEENEY, L.S. TERANCE D. LANG, L.S. GEORGE J. MITCHELL, L.S. LANG, FEENEY and ASSOCIATES, INC. LAND SURVEYING — ENGINEERING 7L5 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46618 TELEPHONE 219/233-1841 SUB -DIVISIONS BOUNDARY SURVEYS TOPOGRAPHIC SURVEYS CONSTRUCTION SURVEYS November 28, 1989 Description: New Drainage Easement Lot 54 Kensington Farms East, Section 5 Commencina at the Southwest corner of Lot 54 Ir Kensington Farms East P.U.D., Section 5 as shown in the Office of the Recorder of St. Joseph County. Indiana as document number 8717312; thence North 17-28'-10" East along the West line of said Lot 54, a distance of 10.07 feet to the place of beginning; thence continuing North 17-28'-10" East along said West line, a distance of 12.38 feet; thence North 71-22---53" East, a distance of 123.96 feet; thence South 0-06'--30" West parallel with the East line of said Lot 54, a distance of 10.56 feet; thence .South 71-22'-53" West, a distance of 127.86 feet to the place of beginning. This is to certily, that we surveyed the above proper- tyy and find that the buildings stand strictly within IL title lines and that there are no encroachments. NEW DRAINAGE EASEMENT ON LOT 54 KENSINGTON FARMS EAST P.U.D.. SECTION 5 for REGISTERED LAND SURVEYOR Lang, Feeney & Associates, Inc. Land Surveyors & Engineers 715 South Michigan Street South Bend, Indiana 46618.1601 Phone 219-233-1841 SCALE DATE DRAWING NO. 1II = 201 112-6-89 JACK HICKEY ASSOCIATES, INC. r 25' SETBACK LINE XQ S° �R 0?�2 38r TAMER \� COURT h N e'9,1011 �tK / S0, h / O" 1 Z lsJ \ LLS to p 4 ` p w .y 2 � Ln 1 o z Nth Ld W -��- 1 W (p 1 N rr- \ V " r 2- 2 O u7 %0 CID 1 1 � � w 1 � z z 1 1 a 0 1 1 110,561 S.00006'30"W. 15' DRAINAGE a UTILITY EASEMENT r i` 70.00' S.00°06' 30"W. This is to Certify that we surveyed the above proper fyy and find that the buildings stand strictly within fhe title lines and that there are no encroachmenta. NEW DRAINAGE EASEMENT ON LOT 54 KENSINGTON FARMS EAST P.U.D.. SECTION 5 for JACK HICKEY ASSOCIATES, INC. REGISTERED LAND SURVEYOR Lang, Feeney & Associates, Inc. Land Surveyors &. Engineers 715 South Michigan Street South Bend, Indiana 46618-1601 Phone 219-233-1841 ;ALL I DATE DRAWING NO. 1" = 20� 12-6--89 15119