HomeMy WebLinkAbout#1455- Deed; AMMENDMENT TO EASEMENT Right of way located on 30 foot strip of land NE quarter, Section 30 Twp. 37 north, range 3 eastAMENDMENT TO EASEMENT
Right of way is located on a 30
foot strip of land in the NE
quarter, section 30, township
37 north, range 3 east. (Nohl
and Betty Lueneburg)
IgOZ?846
AMENDMENT TO EASEMENT AND RIGHT OF WAY
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Whereas, Nohl A. Lueneburg and Betty R. Lueneburg granted an
Easement and Right of Way to the Civil City of South Bend, Indiana- �.'
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(hereinafter "South Bend") for the purpose of constructing,
maintaining and repairing water lines and sewer lines; said easement',.,!
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being dated October 31, 1973 and recorded November 27, 1973 in Deed
Record 779, Page 79 in the Office of the Recorder of St. Joseph
County, Indiana. Said Easement and Right of Way is located on a
Thirty (30) foot strip of land in the Northeast Quarter, Section
Thirty (30), Township Thirty-seven (37) North, Range Three (3) East
in the County of St. Joseph, State of Indiana and said 30 foot strip
being 15 feet either side of a line described as follows:
Commencing at a point 40 feet north and
685.37 feet west of the southeast corner
of said northeast 1/4, said point being
on the north line of Ireland Road, 15
feet east of the southwest corner of
that tract of land described in Deed
Record Book 766, Page 433; thence north
parallel with the east line of said
northeast 1/4 a distance of 398.00 feet;
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thence east parallel with the south line
of said northeast 1/4, a distance of
175.00 feet; thence northeasterly on acl
line deflecting 45000' left with
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respect to the aforesaid line, a
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distance of 25 feet, more or less to an
east line of said described tract, said
point being the point of termination for
said easement.
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Whereas, Niemann Foods, Inc., an Illinois corporation, has
entered into an Agreement to Purchase the following described real
estate:
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DEPAKTME , i
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A part of the Southeast Quarter of the
Northeast Quarter of Section 30,
Township 37 North, Range 3 East, Centre
Township, City of South Bend, St. Joseph
County, Indiana, described as follows:
Beginning at a point on the South line
of the Northeast Quarter of said Section
30, a distance of 660.37 feet West of
the Southeast corner of the Northeast
Quarter of Section 30; thence North
parallel with the East line of the
Northeast Quarter of said Section,
570.42 feet; thence East parallel with
the South line of the Northeast Quarter
of said Section, 130.00 feet; thence
South parallel with the East line of
said Northeast Quarter, 180.00 feet;
thence East parallel with the South line
of said Northeast Quarter 55.00 feet;
thence North parallel with the East line
of said Northeast Quarter, 30.00 feet;
thence West parallel with the South line
of said Northeast Quarter, 25.00 feet;
thence North parallel with the East line
of said Northeast Quarter, 420.42 feet;
thence West parallel with the South line
of said Northeast Quarter, 553.58 feet
to a point 265.10 feet East of the West
line of the East Half of said Northeast
Quarter; thence South parallel with the
East line of said Northeast Quarter,
840.84 feet to the South line of said
Northeast Quarter; thence East along
said South line 393.21 feet to the point
of beginning, excepting therefrom the
following:
Part of the East Half of the Northeast
Quarter of Section 30, Township 37
North, Range 3 East, Centre Township,
St. Joseph County, Indiana, described as
follows: Commencing at the Southeast
corner of the Northeast Quarter of
Section 30, Township 37 North, Range 3
East; thence West, on the South line of
the Northeast Quarter of Section 30, a
distance of 1011.20 feet to the point of
beginning; thence North, parallel with
the East line of the Northeast Quarter
of Section 30, a distance of 840.84
feet; thence West, parallel with the
South line of the Northeast Quarter of
Section 30, a distance of 42.38 feet, to
a point that is 265.10 feet East of the
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West line of the East Half of the
Northeast Quarter of Section 30; thence
South, parallel with the East line of
the Northeast Quarter of Section 30, a
distance of 840.84 feet, to the South
line of the Northeast Quarter of Section
30; thence East, a distance of 42.38
feet, to the point of beginning.
(hereinafter "Niemann Tract")
in order to enable it to construct its supermarket, and it desires
that the Civil City of South Bend modify said Easement and Right of
Way as hereinaftermentioned;
In consideration of the sum of one Dollar ($1.00), the receipt
and sufficiency of which is hereby acknowledged and other valuable
consideration, the undersigned hereby agrees to modify aforesaid
Easement and Right of Way as follows:
1. That South Bend agrees to exercise its rights under said
Easement and Right of Way, including, but not limited to,
construction, maintenance and/or repairs of water lines and sewers
and the right of access to aforedescribed real estate, in such a way
as to not disturb or prevent the construction and existence of any
and all improvements, including, but not limited to, buildings and
retaining walls and footings and foundations related thereto and
located on the Niemann Tract as long as any and all improvements are
located at least five (5) feet from the location of any all such
water lines and sewers existing under, over, upon and across said
Easement and Right of Way on the date written below.
2. That South Bend shall not construct or allow to be
constructed any water lines, sewer lines and/or other utility
facilities other than such utility facilities in existence under,
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over, upon and across aforedescribed Easement and Right of Way on the
date written below.
This amendment to Easement and Right of Way shall be binding on
the City of South Bend, its successors and assigns.
IN WITNESS WHEREOF, South Bend has hereto set its hand and seal
this �-,day of �'}�L�Y�-�`-. 1994.
WITNESSETH:
BY:, KAP102
Sandra M. Parmerlee, Clerk
Board of Public Works
CIVIL CITY OF SOUTH BEND, INDIANA
By and through its Board of Public
Works
By,"
f7n Leszczynsk''
By:
T-4umufxr evs
B �. � La C&,�
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Patricia DeClercq
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By: '
jooseph E. Kernan, Its Mayor
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STATE OF INDIANA )
)SS:
COUNTY OF ST. JOSEPH)
c1TZ , a notary public in and for said County
and State do hereby certify that John Leszczynski, Katherine
Humphreys, Patricia DeClercq, Sandra Parmerlee and Joseph E. Kernan,
the Mayor of the Civil City of South Bend, Indiana, personally known
to me to be the same persons whose names are subscribed to the
foregoing instrument appeared before me this day in person and
acknowledged that they signed, sealed and delivered said instrument
as their free and voluntary act and as the act of the Civil City of
South Bend, Indiana for the uses and purposes therein setforth.
Given under my hand and notarial seal this / day o...- ,
1990.
My Commission Expires:
This instrument was prepared by:
Ted M. Niemann
of Schmiedeskamp, Robertson,
Neu & Mitchell
232 N. Sixth Street
Quincy, IL 62301
(217) 223-3030
/3�l�Ry SE UTZ ►,-Notary' Public
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9027846 C/
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FIL``,No. —
7,
SEACH
OCT 3 9 2 3 A
s F.
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FILED Foil RIECORD
LEGAL DEF ARTMENT
= NTEROFF 2 CE MEMORANDUM
T'O SANDRA M. PARMERLEE DATE = OCTOBER 29, 1990
CLERK
BOARD OF PUBLIC WORKS
FROM = JENNY PITTS MANIE
CHIEF ASSISTANT CITY AT ORNEY
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RE = AMENDMENT TO LUENE URG ASEMENT AND RIGHT OF WAY
Ted Niemann, the attorney at whose request the Board of
Public Works amended the above -referenced easement, has been calling,
understandably, fairly frequently to inquire as to when he can expect
to receive a copy of the easement modification. I would appreciate
any effort you could make to determine when we can expect the return
of the easement amendment from the recorder's office.
Many thanks.