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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 �oAwo w Accoyi.•.�. nt)%. SHIP TO: ❑ Canlyc/y aldyt Room ❑ MunKq+ol Se-Ke F achy. 703 well So-ple__ Cl Pad Depl. — ❑ woor worst ❑ woo,, Ww.i T-mm..l, 3115 k-vtlde Drrve 1. II•.w ..rr.41•.d•. waa. •. .. .II u.r.0 .. �..A./... J.Gwn dip...J ......►.wJ.w"' DELIvERY DAIE 1.,..1 .Ir.1 w . A. .M.rw.d -ilk rv.A.riI.J .i/w.1.1..w y... My..Z ]. 11 v wd.1 J.Lv .wy wwr.A.w J... v.Y A..n r.A1 WnMu .rl.r, . ILA�Lry .... Lr C•y J fw,lA 6.w J. 4. All /rJ. -6i.0 I. ..J rrr.ni.. 01.i/hl .I .•w J.i . •.1.. w..l� S. V.wJn ►•. /ri,..1M..LI..w...... .11—.e .6., --p.wl.. /. C-y .1 Swr.F / •wJ r..•.v.. .1/Ir .......1 .1 .r r.w .1 All -A., it J.A".ry I. w.l .w. J. wA1w ..J •1 11 •Iil,•J. 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. . Ir ...•.r .. 7. a r.r.. 6.1..... •.rw.... _..r.. ..Ld .—.r.... «•..,, C. A111..f. r►ww . w..... r....J . n II...�. .. s. V...i.... •►.. ..... 1-....... .. 1.�.n w....Ly �.. :i ..Ir r.. w • .. r. A...y • ..�-I > Kul &%I I. 01M hw..l co.lu.owalwci. 10 ctleTRAL ►URCwAfI110 O1+1C1. 1 II _Mn .. .... $n. . ...—r.r..... _........1._ . 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