HomeMy WebLinkAbout#1465- Deed; GRANT OF EASEMENT Part of SE quarter od Section 5, Twp. 37 North, Range 3 EastGRANT OF EASEMENT Part of SE
quarter of Section 5, Township
37 North, Range 3 East
Project. MG-S 0000
Parcel: 2
County: St. Joseph
! i
S 1•. .
j GRANT OF PERPETUAL EASEMENT
riLLpij., ;_r,,FR TRAFFIC CONTROL SYSTEM
tf
j THIS INDENTURE made this _ `_�
-- day of
19—cis!— by and between DAME MILDRED Z. BRONFMAN, 'as to an
undivided 25% interest; THIRTY-SIX DEVELOPMENTS
/(CANADA) LTD., as
to an undivided 37 1/2% interest; and GLOBAL 'LIOFIL LTD., as to
an undivided 37 1/2% interest (hereinafter called the "Grantors")
and the Civil Cityfof South Bend, Indiana of St. Joseph County in
the State of Indiana (hereinafter called the "Grantee").
WITNESSETH: That for One Dollar ($1.00) and other good and
valuable consideration, the receipt of which Grantors hereby
acknowledge, Grantors hereby grant, convey and warrant to Grantee
a perpetual easement of the nature and at the locations as
hereinafter set forth and described for the installation,
construction, operation, maintenance, adjustment, replacement,
alteration, removal, modernization and use of a Traffic Signal
System for the above -referenced project as located in St. Joseph
County, State of Indiana, and as said easement is further
described below, to wit:
SEE EXHIBIT "A" ATTACHED HERETO
AND INCORPORATED HEREIN BY REFERENCE
The easement granted herein shall pertain to the air,
surface and subsurface rights and interests of the Grantors, for
the use and benefit of the Grantee, to the nature and extent that
the Grantee may desire said air, surface and subsurface rights
1
and interests to accomplish and carry out the general purposes of
this conveyance as same have hereinabove been expressed. The
easement hereby granted is for the benefit of the City of South
Bend, Indiana for the maintenance of said traffic signal system
and easements, and expressly includes the right and privilege at
reasonable times to clean and remove from said easement such
timber, brush, debris or other obstructions interfering with the
traffic signal system.
Grantee shall, have the right of ingress or egress over
Grantors' real estate adjoining said easement when necessary to
install, construct, operate, maintain, adjust, replace, alter,
modernize or use the Traffic Signal System and its appurtenances.
Grantee will restore the area disturbed by its work to as
near the original condition as is reasonably practicable.
The Grantors reserve the right to use and occupy the surface
area on and over the easement provided that said use and
occupancy does not in any way conflict or obstruct the Grantee's
right to use said surface for the purposes and intentions
hereinabove expressed.
The easement granted herein, and its associated benefits and
obligations, shall constitute covenants running with the real
estate, and shall be binding upon the said Grantors and be an
obligation thereof of every person or entity now or hereafter
having ,any fee, leasehold or other interest in all or any part. of
said real estate.
This indenture shall bind and inure to the benefit of the
respective successors and assigns of the parties hereto.
2
The Grantors hereby covenant w ith the City of South Bend,
Indiana, that they are lawfully seized and possessed of the
parcel of real estate described in Exhibit "A".
IN WITNESS WHEREOF the said Grantors have executed this
Grant of Perpetual Easement for Traffic Control System on the
respective dates shown in the acknowledgement set forth herein.
DAME MILDRED Z. BRONFMAN
THIRTY-SIX'DEVELOPMENTS (CANADA) LTD.
By
Attest:
GLOBAL LIOFIL LTD.
Attest:
This instrument prepared by_ Sam J_.Simons, _Attorney a_t_L_a_w______
[SJSFOOOIJ [REV 05/09/90)
3
J' {`��
� OF tr� a. 6-C }
} SS:
COUNTY OF 4vC00C•? }
Before me, a Notary Public in and for said County and State,
personally appeared the within named
_ _ ____DAMS MILl7RSD Z. BRONFT�IN __ __— — —------------ ----------------
___
who —acknowledged the execution — of —the fo_r_ego___ing___c_o_nv__eya___nc_____e to --- be
__—_— 4-."----
voluntary act and deed, for the uses and purposes
herein mentioned, and who, having been duly sworn, stated that
any representations herein contained are true.
Witness my hand and Notarial Seal this S't-lef day of
-- - --"A:---- 19 5,1
M,y:`;:,c:o,mi�zs,�ty'd�r�,'•expires
sm
0
COUNTY OF 1cC�¢= [..y6•.
}
} SS:
}
Signature
Primed2; - t - _ " --r_-------
Notary Public
Resident of—1�;c_County,
Before me, a Notary Public in and for said County and State,
personally appeared 1�L•��
and — — — — — — — —
the
--------� „! S • /�_�-� ----------- and --------------'
---------------
respectively of THIRTY --_SIX_ D_E_L_ORlti1EWS JC_ANADAj_LTD.—_ ,
who acknowledged the execution of the foregoing conveyance for
and on behalf of said Grantor to be----f7jj---- voluntary act and
deed, for the uses and purposes herein mentioned, and who, having
been duly sworn, stated that any representations herein contained
are true.
Witness my hand and Notarial Seal this---�---- day of
7'u-c 19 io'
My commission expires:
Signature
Printed_'
Notary Public —
Resident ofCounty,
�� ,•f S-t o f�4 -- — —
-----------------
4
" OF
COUNTY OF
c O", }
} SS:
Before me, a Notary Public in and for said County and State,
personally appeared C-1 -,A--,q, �L gT% a_C'
and______
-----------�--__.._
the
and ,
--------------- --- --------------------------
respectively of GLOBAL LIO_FI_L . LT_D__ ----------------------
who acknowledged the execution of the foregoing conveyance for
and on behalf of said Grantor to bevoluntary act and
deed, for the uses and purposes herein mentioned, and who, having
been duly sworn, stated that any representations herein contained
are true.
Witness my hand and Notarial Seal this _-_-5 --_- day of
1
----------------- -` --__ ! ---
M y,q?'s A44p4xi expires .
�----- ------
Signature--_ __ _ ___ ____
Printed____
Notary Public
Resident of iC- �u County, ___-
5
P W
OF
COUNTY OF
I } SS:
14VC�c
Before me, a Notary Public in and for said County and State,
personally appeared --___—_ <Cfiy�S /-•^��, �L4rj C•C.____--
-- -- _---— �L—=---------------
and the
--------__ E/'Land ,
respectively of GLOBAL LI0_FI_L . LT_D_._________
who acknowledged the execution of the foregoing conveyance for
and on behalf of said Grantor to be __bj-----
voluntary act and
deed, for the uses and purposes herein mentioned, and who, having
been duly sworn, stated that any representations herein contained
are true.
Witness my hand and Notarial Seal this �'}'�____ day of
--''�---1 19 : V .
zss•ipp expires.
Signature _
Printed?S-
Notary Public
Resident ofic�{%.___--County,
S- s ofU_-----------
5
PARCFL NC.
PROJEL1
2
MG-S000c(
OWNER-
EXHIBIT "A"
Global Liofi:l Ltd. et al.,
DRAWN
BY: DJB
•NQ'
ROAD 'NO. Hick ry Road
DATE:
9-20-85
COUNTY:
St. 9os'erh,
DEED RECORD: PAGE: DATED:
CHECKED BY: BTP
SECTION:
5
DOCUMENT
NO: S004765 DATED: 12-28-79
DATE:
9-23-85-
TOWNSHIP:
MANGE:
37N.
DOCUMENT
NO: 8004766 DATED: 12-28-79
SCALE:
3E.
PAGE 2
of 2
DESCRIPTION
PERMANENT EASEMENT'
for Construction, Maintenance and Use of Traffic Signals
in favor of the City of South Bend
A part of the Southeast ouarter of Section 5, Township 37 North, Range 3 East,
St. Joseph County, Indiana, described as follows: -
Beginning at a -point 854.92 feet Northerly (measured along the east line of
said section) from the south line of said section, and 50.00 feet Westerly
(measured at right angles) from the east line of said section, wh.i.ch, point is
10.00 feet Westerly (measured right angles) from the west boundary of Hickory
Road; thence Westerly 8.0. 00 feet (at right angles to the west boundary of
said Hickory Road); thence Northerly 80.00 feet parallel with the west
boundary of said Hickory Road; thence Easterly 80.00 feet (at right angles to
the west boundary of said Hickory Road) the Southerly 80.00 feet parallel
with the west boundary of said hickory Road to the point of beginning and
containing 0.147 acres, more or less.
M
31
TOTAL AREA=
R/W EXISTING=
NET TOTAL AREA=
D� IDATE: 9-
LAND PLAT
BY
COLE ASSOCIATES, INC.
2211 E. Jefferson Blvd. South Bend, Ind.
'A-,R(-E' NO. 2 OWNER: GLOBAL L /OFIL L TD. ETAL.
'RO-JECT NO. M( -5 OOOOC )
ROAD NO. HICKORY RD. COUNTY: ST. JOSEPf1 DEED RECORD: PAGE: DATED:
SECTION: 5 J0CUME1Y7- NO. 8004T6S DATED/2.28-79
TOWNSHIP: 37N.
RANGE: 3 E. DOCUnE/Yr N0. 8004766 DATED'/2-26-79
V
w
Mcf1'/NL EY TERRACE , c,., ,
A Db I TION TO THE
CITY OF SOUTH BEND
12/3.49'
Oq I Res_ = 2779l Ac.
oW l
c � I See'Defoi/
Q L_� This Page
W j �
Q p PERMANENT
`') ro I EA SEMENT
OSub -lease I 4 — 688.2.5` --
in favor 070
� v Associate I
W Dry FoodsZZ
o
c,
s25.OD' —
t- Me KINL EY RD.
Sco% l" 400'
:1
o
J
4
9
N
DRAWN BY: D.J.B.
DATE: 9 20-8.5
CHECKED BY: B.T.P.
DATE: 9-23-55
SCALE: AS NOTED o
PAGE
V
L14-
Lease infova-of
Global /nvestmen'is
and Enterprises,
LTD., ETAL
Permanent Easoln0,7t for C'ensh-VCtion
iiaintenance only Use of Signals in
favor 02o The City of South Bend
TOTAL AREA= 29- 940 Ac.
R/W EXISTING= /. 14 9 Ac.
NET TOTAL AREA= 27791 AF.
a
M
1
�
O
�M
Z
ti
ZZ
m
DETAIL
SCa/e
/ "=/00'
;� .A-i �: -) f .. AAAP�� _ p ATE: 9..1s- S
'G
LAND ' PLAT
BY
COLE ASSOCIATES, INC.
2211 E. Jefferson Blvd. South Bend. Ind.
F k-
.9 1-03081
F I E i'.
F1.0
it/
L,,EGAD DEPARTMENT
gNTERC]FJE'g �E 1�EMORANDiJM
TO = SANDRA M. PARMERLEE DATE JANUARY 4, 1991
CLERK, BOARD OF WORKS
FROM = JENNY PITTS MANIER`—I
CHIEF ASSISTANT CIT//ATTORNEY
RE GRANT OF EASMENT - PARCEL 2, PROJECT MG-S 000
HICKORY ROAD
I have reviewed the attached Grant of Easement and find it
in order. It need not go before the Board. Rather, you should have
it recorded in accordance with the instructions from Mr. Simons. I
assume you should pass the requests for payment along to Jeff Rinard.
Please call if you have questions.
C:2Parmerlee
SIMONS & ASSOCIATES, INC.
5726 PROFESSIONAL CIRCLE, SUITE 205
INDIANAPOLIS, INDIANA 46241
Telephone (317) 244-7885
December 19, 1990
VIA UNITED PARCEL SERVICE
Mr. Joe J. Bellina III
Assistant Manager
Bureau of Public Construction
Department of Public Works
City of South Bend
County -City Building
South Bend, Indiana 46601
Re: Parcel 2, Project MG--S 000
Hickory Road
Dear Mr. Bellina:
Forwarded herewith are the following items:
I. Original Acceptance of Offer which has been signed by
each of the co -owners;
2. Original Grant of Perpetual Easement for Traffic Control
System which has been signed by each of the co -owners;
3. Original City of South Bend Claim Voucher which has been
signed by each of the co -owners.
I recommend that the Easement be immediately filed with the
St. Joseph Recorder's Office. I would recommend that you request
the recorder to give you a copy of the recorded easement showing
the recordation information at the time of recording. As you
know it took several months to obtain the necessary signatures,
and it would be highly recommended to obtain the recordation
information immediately upon recording.
I will deliver to you next week the remaining part of the
file relative to this parcel. In the meantime, if you need
additional information, please advise me accordingly.
Very truly yours,
Sam J. Simons
Enclosures
ILSBEND01:900151
Page 4 Project MG-S0000 Parcel 2
If you decide to accept the offer of $ 4,100.00 made by the
South Bend , Indiana, sign your name below and mail this
form to the address indicated above. An additional copy of this
offer has been provided for your file.
ACCEPTANCE OF OFFER
I (We) Dame Mildred Z. Bronfman Thirty -Six Devel opmc nt L({ ana.La 1 Ltd. and
Global Liofil Ltd.
landowner(s)
Of the above described property or interest in property, hereby
accept the offer of $ 4,100.00 made by the Ci�tYof South Bend
Indiana on this day of 19
State o
County of
Subscribed and sworn to
19
Dame Mildred Z. 'Br�onfman
LTHIR. SIX �EVELO MENTS (CANAbA) LTD.
B)_--
J
GLOBAL LIOFIL LTD.
B Ike
SS:
fore me this day of
My Commission Expires:
Resident of County,
Signature
CC: Office -Parcel ( )
Working -Parcel ( )
il
AP
Y
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State,
personally appeared the within named
Dame Mildred Z. Bronfman - - - - - - - - - - - - - - - - - - - - - - - - - - - -
who acknowledged the execution of the foregoing conveyance to be
--___L, -_ voluntary act and deed, for the uses and purposes
herein mentioned, and who, having been duly sworn, stated that
any representations herein contained are true.
Witness my hand and Notarial Seal this 5t'� day of
_____---
-�� 14 c.
-------------Z--r- - - - - - - - - - - -L---
14y commission expires: Signature__ ___ - •^fy ____-___
P r i n t e d., L S�= lk-; .'� `�V ------
----------- Notary Pub 1 i c
Resident oft__ ----County,
/ /',�Li /
} SS:
COUNTY OF
Before me, a Notary Public in and for said County and State,
personally appeared�,��----
and _
----- - -------_.------------_.----------------------- - t h e
_____ _- ✓u�7 ��� �': ___ __ and
respectively of THIRTY-SIX DEVELOPMENT'S QL4A A)_ LTD. -- ,
who acknowledged the execution of the foregoing conveyance for
and on behalf of said Grantor to be __ fi,s ___ voluntary act and
deed, for the uses and purposes herein mentioned, and who, having
been duly sworn, stated that any representations herein contained
are true.
Witness my hand and Notarial Seal this Sf`C day of
Vic. --- , 1 4 i a ,
----------------------- --- ----- ( ( I
My commission expires:- Signature
Printed -
f ;�
Notary Public —� - '-- y
Resident of GA --County,
of Cam.; ---- .
y
Icy
} SS:
COUNTY OF
Before me, a Notary Public in and for said County and State,
personally appeared______---_
and the
----- —--------------------------------------'
-------- --- --
.%.r �'= and
----- r —=—'1---------------------------------
respectively�
------- —=-------- o f GLOBAL LIOFIL _LTD_. ____ _ _____ ______ —__ ,
who acknowledged the execution of the foregoing conveyancefor
and on behalf of said Grantor to be ---- voluntary act and
deed, for the uses and purposes herein mentioned, and who, having
been duly sworn, stated that any representations herein contained
are true.
Witness my hand and Notarial Seal this �day of
My commission expires. Signature___
Printed _ �_� E_= Te
rr ---- — — —
i Notary Public
-- Resident of _W c/l-4 L County,
m
n
0
_CITY.. OF :SOUTH -BEND -` `"o'
SOUTH BEND. INDIANA 46601
WARRANT NO.
CENTRAL PURCHASING
COUNTY CITY SLOG.
227 W. JEFFERSON BLVD. Z19 Z114-9211I
Dame Mildred Z. Bronfman and
TO: T-Thirty-Six Developments (Canada) Ltd, and
Global Liofil Ltd.
REOUISMON NUMBER
DCPAUmENT OR DIVISION
A(:COLJN7 NUrABER
UIo OR CONTRACT NUMBER
BID OR CONTRACT DATE
%'ENDOR'S N{1M8ER
PSEUDO NUMBER
Date
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❑ MunKq+ol Se-Ke F achy.
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❑ woo,, Ww.i T-mm..l,
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7. MAIL ALI INVOICIS, CLAIMS, CO//ISlONDINC1. 10
CCtrTJ%AL PUACHA31NO OFFICE.
1. 11 ..6j.n I. I.d Iiurwi, /Jw.. rw1i1....w ....:...r Ii.i..
I
NOTICE TO VENDOR
AI! p,IF.e,b.. I.D.I Clry A/Jnn
IINIIAI LICIM JAI 11IAv110wr
IS 6001201
INDIANA'A.IS JAI (If MPTION
IIUFS
Appr. Bol, Brgl. F•d. S.................
Quanlity
` Items and Deunpllon
Price
Total
For purchase. of.0.147 acres of permanent easement for
$4,100.00
construction -'maintenance and use of traffic signals in
of the City of,�South Bend, Indiana, designated,
as ..follows :
Parcel 2, ' Project MG-S000
Hickory Road
City of South Bend, Indiana
I
I
—
SIMONS & ASSOCIATES, INC.
5726 PROFESSIONAL CIRCLE, SUITE 205
INDIANAPOLIS, INDIANA 46241
Telephone (317) 244-7885
December 19, 1990
City of South Bend
Attention: Joe J. Bellina III
Assistant Manager
Bureau of Public Construction
Department of Public Works
County -City Building
South Bend, Indiana 46601
Re: Invoice for Contract Services
#90-1068
Right of Way'Acquisition Services in accordance with
letter dated August 29, 1990 covering the following
described project:
Parcel 2, Project MG-5000, Hickory Road
Negotiations $1,000.00
Instrument Preparation $ 100.00
TOTAL
[GEN02:IN901068]
$1,100.00
""� .
Sam J. imons
Federal I.D. #35-1748588
CITY OF •SOUTH BEAD �"O.
SOUTH ®END. INDIANA a6601
CENTRAL PURCHASING WARRA11A N0.
COLINTY CITY OLDC .
ZZ-7 W. JCFr CROON BLVD. 219-284.9220
TO: r SIMONS & ASSOCIATES, INC.
5726 Professional Circle, Suite 205
Indianapolis, Indiana 46241
L�
tEDJI I;:11L•+ N JµBE I
DI.Lr1MIN1 Of DIv1S0N_...
A0000N' NV"ER
END Of COW [A,^1 NU-:6Et
CD Of CON1-1wC1
VfNDOCS NUMBft
P5Eu_',O NUMBfr
Gorr
SHIP To: ❑ co...I,c•, sw,.. il,.�
❑ M.w[.1•nl i.rw.L. 1 ncirr,
J
N011C1 10 V[Wnom
Z, I..yw.. .1+ ...0 ►. w..._r...l .-.r......I .y.w... .. rr.
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ctleTRAL ►URCwAfI110 O1+1C1.
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. 703 Wr,I So+10:r._
❑ Wo..• Wall
❑ Wp11r Wo..• Tr.o•.,.-w.
3115 Aw►rl.dr D.«r W
DEEIVEtr DATE
All a.11+a#6u I.D.1 ChT Adb,rs
/IDfs.L 1rCOU IAI I81.,11.0..
is 6001}01 .
I.JQ.ANA yr..IS iL1 11�M11pv
r 1. /f;
ADDI 601. 6191 F•c. S................
GuonrllY ! Iterns and Drict2ollon Fllce I local
Right of way acquisition services in accordance with I I $I--ioO.00
letter dated August_ 29, 1990 covering the following ! -
II project .,.__._.... � __ I—....,—.......�
f PARCEL 2, PROJECT MG--S 000, Hickory Road i
Instrument Preparation $ 100.00 I �
Negotations $1,000.00
I �
I
1
TOTAL: ONE THOUSAND ONE HUNDRED AND 00/ 100 DOLLARS ---------- i I $1, 100. 00
• rq. 1q's•r.
Sam J. Imons, President
n
December 19,6 +, A'PRO bA1 I
SIMONS & ASSOaATES, INC.
1 u•..D�• ,� , . o•o.�.a^, o^G M,ouf+ cl : ,atvr 'Si <� .. � .. 1 n� IL.l
nm
City of South Bend
Joscph E. Kcrnan, Mayor
Department of Public Works
John E. Uszczynski, U rector
August 29, 1989
Mr. Sam Simons
2334 S. Uynhurst Dr.
Indianapolis, Indiana 46241
Dear Mr.* Simons:
Thank you for your proposal dated 8/22/89.
These fees are in -line with our thinking. Please note that this
project is on hold because of these right of ways/easements have
not been cleared. All engineering has been completed and
approved. Anything you could do to expedite the acquisitions
would be much appreciated.
If you have.need of additional information please do not hesitate
to call.
Sincerely,
Michael P. Meeks, P.E.
Director, Division of Engineering
MPM/slm
County -City Building • South Bend, Indiana 46601 - 219/284-9251
Engineering Environmental Services Equipment Services Transportation
Michael Meeks. P.E. John J. Dillon, Ph. D. Phil St. Clair Bill Penn
284-9251 277-8515 284-9316 284-9444
Watcr Works
Joseph Agostino
284-9322
PAU L R. DEEM & ASSOC. INC.
REAL ESTATE APPRAISAL & REVIEW SERVICES
2328 SOUTH LYNHURST DRIVE, INDIANAPOLIS, IN 46241-5124 Q Q
PHONE (317) 247-9080 a
August 22, 1989
Mr. Michael P. Meeks, P.E.
Director,'Division of Engineering
Department of Public Works
City of South Send
City County Building
South Bend, IN 46601
RE: Fee Proposal For Right -of -Way Services
Project MG-5000 C ( ) and MG-SO91 ( )
Logan Street, South Bend and Mishawaka
Dear Mr, Meeks:
AUG, " M, � @ ff 9 �. f6 0
2.1 up
CITY
OF SOUTH BEND
M-t., OF ENGINEERING
-In response to your request I have contacted Mr. Ralph D. Lauver and
Sam Simons and have obtained fee proposals for their services which is
added to my own proposed fees for the 2 (two) parcels situated in the
City of South Bend. The proposed fees are summarized below.
ITEM OF SERVICE CONTRACTOR
Appraisal
Problem
(Deem)
Appraisal
of Property
(Lauvgr)
Appraisal
Review
(Deem)
Title Work
Negotiations
(Simons)
Instrument
Prep
(Simons)
(Simons)
Closing of
Purchase
(Simons)
Total Fees
PARCEL #2
MG-5000 CC(
PARCEL #1
) MG- 091 )—
FEE TOTALS
$ 150
$ 500
$ 150
$5,500
$ •300
$
$ 225
$2,475
6,000
$ 2,700
$ 300
$1,000
$ 300
$1,000
$ 600
" G
$ 100
$ 100
$ 2,000
$ 200
$ 150
$ 150
$ 300
$2,425
$9,675
$12 100
Thank you for the o
ppwe discussed, each i d idualynamed to uin�this t a pproposal wbuldroposal forlcontract seepa y
As
with the City of South Bend, if you decide to proceed as proposed. You may
reach the other two individuals as indicated below.
Ralph D. Lauver, 115 S. Lafayette Blvd., South Bend, IN 46601 {287-7113).
Sam Simons, 2334 S. Lynhurst Dr., Indpls., IN 46241 (317-244.-7885).'
Please let me know if you,have questions regarding this proposal.
Sincerely,
Paul R. Deem, ASA, CRA
Review Appraiser
P.S. In addition to the above my
hourly fee for any coordinating
time, review of owner's counter-
proposals, etc., is proposed
at $62.50.
cc: R. Lauver
S. Simons
File