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HomeMy WebLinkAbout#1566- Deed; GRANT OF EASEMENT Original plat of the town now as City of South Bend. Located at the northeast corner of Main, Wayne.GRANT OF EASEM 290, and 291 a original plat City of South the Northeast Street at the Wayne Street. ENT Lot 289, s shown on the of the town, now Bend. Located at corner of Main intersection with NEMETH, MASTERS & LEONE ATTORNEYS AT LAW PETER J. NEMETH CHARLES S. LEONE JAMES A. MASTERS Mr. John E. Leszczynski SUITE 307 NORWEST BANK BUILDING 112 WEST JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 TELEPHONE (219) 234-0121 FACSIMILE (219) 234-8054 June 18, 1992 President SOUTH BEND BOARD OF PUBLIC WORKS 1308 County - City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 REVERE D. GOHEEN JOSEPH S. DONNELLY OF COUNSEL HAND DELIVERED RE: National Autopark, Inc. Parking Garage Dear Mr. Leszczynski: I am addressing this letter to the South Bend Public Works on behalf of National Autopark, Inc., which is a wholly -owned subsidiary of Norwest Bank Indiana, N.A. National Autopark, Inc. requests approval of the enclosed Grant of Easement for the parking garage located at the intersection of Main and Wayne Streets. When the parking garage was constructed in 1965, an above- ground pedestrian walkway was constructed connecting the second and third floors of the parking garage to the second and third floors of what is now known as the Norwest Bank Building and the Robertson's Department Store Building. An underground tunnel also was constructed, which connects the basement of the parking garage to the basement of the Norwest Bank Building. A title search reveals that there is no public record of an,easement having been granted by the City of South Bend for the pedestrian walkway over the public alley to the east of the parking garage or the tunnel which runs under the public alley. Recent surveys of the parking garage also show certain encroachments onto the public right-of-ways for the adjacent streets, alleys and sidewalks. Copies of the surveys are enclosed. Reduced copies of the surveys also are attached to the Grant of Easement. National Autopark, Inc. is in the process of transferring title to the parking garage. In conjunction with the closing, U Utlto! 10 , Page Two NEMETH, MASTERS & LEONE ATTORNEYS AT LAW . Leszczynski L992 the purchaser has requested the proposed Grant of Easement for the pedestrian walkway and underground tunnel and for the building encroachments shown on the Survey. on behalf of my client, I request that this matter be placed on the agenda for the June 22, 1992 meeting on the Board of Public Works and request its favorable action on this matter. If I can provide any further information concerning this request, please feel free to contact me. Ver�� truly yours, James A. Masters JAM: S1p/126:Les zcz.LTR Enclosures cc: Thomas J. Coyne Attorney at Law David V. Nelson Vice President and Counsel Norwest Corporation Mary Hall Mueller Assistant City Attorney 9223119 7 r Ln i GRANT OF EASEMENT CD NT OF EASEMENT is made this ch/ day of Juner� 199, THIS GRA Indiana a municipal corporation, b by the City of South Bend, P P Y and through its Board of Public Works (the "Grantor") in favor of National Autopark, Inc., an Indiana corporation, its successors and assigns (the "Grantee"). Recitals A. The Grantee is the owner and operator of a multi -level parking garage facility (the "Parking Facility") located on the following described real estate in St. Joseph County, Indiana: Lot Numbered Two Hundred Eighty-nine (269), Two Hundred Ninety (290), and Two Hundred Ninety-one (291) as shown on the original Plat of the Town, now City of South Bend. Commonly described as being located at the Northeast corner of Main Street at the intersection with Wayne Street in South Bend, Indiana. Tax Key No.: 18-3007-0239 (the above described property is herein referred to as the "Parking Facility Property"). B. construction of the Parking Facility was undertaken in 1965 and the Parking Facility has remained in continuous use and operation since its construction. C. When the Parking Facility was constructed, an enclosed pedestrian walkway (the "Skyway") was constructed over the adjacent public alleys located to the east and north of the Parking Facility. The Skyway connects the Parking Facility with (i) the building at 112 West Jefferson Boulevard, South Rend, Indiana, which is currently the location of the main offices of Norwest Bank Indiana, N.A., and is commonly known as the "Norwest Bank Building" and (ii) the building at 211-223 South Michigan Street, South Bend, Indiana, which is the location of the former Robertson's Department Store and is commonly known as the "Robertson's Building." D. When the Parking Facility was constructed, an underground walkway (the "Tunnel") also was constructed under the adjoining public alleys located to the north and east of the Parking Facility. The Tunnel connects the Parking Facility to the basement of the Norwest Bank Building. E. The Skyway and the Tunnel have been in continuous use and operation in the public right-of-way since the Parking Facility was constructed. No public record can be located of an easement previously granted by the City of South Bend with respect to the Skywalk or the Tunnel. This easement is granted, inter alia, to validate the existing use, and to authorize the continued use, of the public right-of-ways adjoining the Parking Facility for the Skyway and Tunnel. F. When the Parking Facility was constructed, certain additional encroachments in, over and onto the adjacent public right-of-ways were created. Grantor acknowledges that such encroachments, as herein described, do not interfere with or obstruct the adjacent public right-of-ways. This easement is further granted to authorize the continued use of the Parking Garage Facility with such encroachments. NOW, THEREFORE, THIS INDENTURE WITNESSETH AS FOLLOWS: 1. Grant of Easement. In consideration of the sum of One Dollar ($1.00) paid by Grantee and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor hereby grants, bargains, sells and conveys to the Grantee, its successors and assigns, forever, the permanent and perpetual right and easement to use, operate, inspect, maintain, repair, remove and replace the following: (a) the Tunnel, under, across and through the property described on Exhibit A attached hereto and by this reference made a part hereof and as further shown on the Survey prepared by Cole Associates, Inc., dated June 8, 1992 and attached hereto as Exhibit C (herein, the "Tunnel Property"); (b) the Skyway, over, across and through the property described on Exhibit B attached hereto and by this reference made a part hereof and as further shown on the Survey prepared by Cole Associates, Inc., dated June 8, 1992 and attached hereto as Exhibit C (herein, the 19Skyway Property"); and (c) those building enchroachments of the Parking Facility identified and described on Parcel No. 1 in the survey prepared by Cole Associates, Inc. dated June 17, 1992, a copy of which is attached hereto as Exhibit D--1 and D-2 (which enchroachments are referred to herein as the "Building Enehroachments") on, over, across and through the public right-of-ways for the public streets, public alleys and public sidewalks adjacent to the Parking Facility as reflected on the said survey (which public right-of-ways are herein referred to as the "Encroachment Property"). TOGETHER with the right, liberty and privilege to the Grantee, its successors and assigns, by its agents, employees, contractors and workmen, to enter upon the Skyway Property, the Tunnel Property and the Encroachment Property, over t':e property of Grantor, as may from time to time be reasonably required for the purpose of using, inspecting, maintaining, repairing, removing and replacing the Skyway, the Tunnel and the Building Encroachments, subject to compliance with applicable laws, ordinances, codes and regulations. 2. Binding Effect. The easements granted herein are binding upon the Grantor and its successors and assigns. 3. Appurtenant. The easements granted herein shall benefit and be appurtenant to the Parking Facility Property. 4. Duration. In the event that the Skyway, the Tunnel or the Building Encroachments shall be removed and not replaced within a period of two (2) years, then the right and easement with respect to the Skyway, the Tunnel or the Building Encroachments, as the case may be, shall immediately cease and terminate as to such features so removed and not replaced as aforesaid. 5. Related Agreement. The provisions of this shall not affect, modify or restrict the obligations the parties to that certain Agreement dated October recorded at Miscellaneous Record Book 217, page 170 of the Recorder of St. Joseph County, pertaining to construction and maintenance of the Skyway. Agreement of any of 1, 1965, and in the Office the E IN WITNESS WHEREOF, the Grantor has duly executed this instrument on the date first indicated above. CITY OF SOUTH BEND STATE OF INDIANA j SS: ST. JOSEPH COUNTY ) Before me a Notary Public in and for said County and State personally appeared j-AYIES LOL JaL- and ? A �U f� • n1u6[,Gep� members of the Board of Public Works of the City of South Bend, Indiana, a municipal corporation, who, as officers of said municipal corporation, represented that they are duly authorized to execute and deliver the foregoing instrument for and on behalf of, and as binding upon, said municipal corporation. IN WITNESS WHEREOV, I have hereunto affixed my hand and official seal this r� day of June, 1992. S�lt��� 1rl .PAP-Mep-L- Notary Public A resident of St. Joseph County, IN My Commission Expires: -�-'.y-'�1I JAM-1:NWB-Aut2.EAS This instrument prepared by James A. Masters, #9074-71, NEMETH, MASTERS & LEONE, 307 Norwest Bank Building, 112 West Jefferson Boulevard, South Bend, Indiana, 46601; Telephone: (219)234-0121. 3 DESCRIPTION OF PEDESTRIAN TUNNEL EASEMENT An easement to permit pedestrian travel between the buildings located on Lots,�85 and 291 as shown on the original plat of the Town, now City of South Bend, Indiana. The centerline of said pedestrian tunnel is described as follows: Beginning at a point on the west line of said Lot 285, said point being 24.5 feet, more or less, north of the southwest corner of said Lot 285; thence west 4.3 feet, more or less; thence South 20.5 feet, more or less, to the point of curvature of a curve to the right; thence southwesterly along said curve-5.5 feet, more or less, to the point of tangency of said curve; thence southwesterly 14.8 feet, more or less; thence south 5.4 feet, more or less, to a point on the North line of said Lot 291, said point being 5.2 feet, more or less, west of the northeast corner of said Lot 291. The width of this easement is intended to be sufficient to include the 6.0 foot wide passageway, exterior wall thickness and any appurtenances that may add to the width of this tunnel. Actual width of this tunnel is indeterminable at this time. EXHIBIT "A" DESCRIPTION OF OVCUFAD PEDESTRIAN WALKWAY EASEMENT Beginning at a point on the east line of Lot 291 as shown on the original plat of the Town, now City of South Bend, Indiana, said point being 15.5 feet, more or less, south of the northeast corner of said Lot 291; thence northeasterly 19.5 feet, more or less, to a point on the west line of Lot 286 in said original plat of the Town, now City of South Bend, said point being 1.5 feet, more or less, south of the northwest corner of said Lot 286; thence north along the west line of said Lot 286, extended north, 15.0 feet, more or less; thence southwesterly 19.5 feet, more or less, to a point on the east line of Lot 291 in said original plat of the Town, now city of South Bend, said point being 15.0 feet, more or less, north of the Point of Beginning; thence south along the east line of said lot 291, 15.0 feet, more or less, to the Point of Beginning. EXHIBIT "B" n a L - WA A IR I... 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'• � £ .ly z iaEr; 9 � r � a � _�;�_;�? 3 � c?1-;i-'eiieylr a :"+I?�1}'�t� iv• � >j��ri; 'i j_i i4:( n rzf � '`x1:i ° 'F+�,cllsx °Il.tii � ��i?•1. 1i a� se� j ' IxiRIA�! ,1.i :.� l! ! 1ff =} i i 1 i-?.'_Jli x y a•7S i'..i :.td' 3 gib( � ;�•;sc r i-x;¢ 1 s ' .i ¢ ,: �:i 3 _;•..,, siex3�::i IV Q ALTA/ASCM LAND TITLE SURVEY LO7 289,290 B, 291 ,y AS SHOWN ON THE ORIGINAL. PLAT OF THE CITY OF SOUTH BEND m°.nJEK of d1vc d.44M ro92coss This SVI rA1 R50u1 sled ay: Coy nr Inra7lmenl yimllyd Pprinrrshlp 1100 Notional Cux eon1, Bwld mg Clevll°na, OhlO 44114 r �� — _ ' �' �.°�O.Alsocblel Inc no levlslons by dale � Ddrled ap'A 111 0,... ,�+v Z4tIr ann.l4 Sl�ywprk A Dticrip ryan Chopped Pprca�yl'umber sysl�n ln+ 019? I , PART OF W /2 NW /4 SEC. 12-T3TN-R2E SOUTH BEND,PORTAGE TOWNSHIP, ST. JOSEPH CO.,INDIANA ..r_- Li I—• — — .-- --- -- — w I � I � I cn I I 1 I 1 I I I I I I I ' I I Bid qq Corner /s 0.OPWN 0./0"W of Lot Corner I 1 I I l • I 292 I Q I 1 V-6. Tel.Alley e 6S cl� IN vl 291 N I I f 1,4 I I kIry NI i. Qu Story Concre fe and I nl � �� Masonry O�></ce � Pork/n9 17 NI ad Sfl-VCfUre I z I� lool 290 I PAZCEL NO. ! ` M I� NI I � �g °vcWalk I d'�giBNrgh _-------------------- `� oil I Nj II I II n.7 li ;m xli ly 289 NI ' Bidgg. corn cria 4.8a'N. °•�' A N` 1 jb 0.09'w orLot 4orncr AX ` '" `- overhead Canopy /65, 40 'M -- -j a,yyn 3' 7. 6T�bove wc/K /(�5'—D I MFp wa/X H Q 3,yn • 9.7'A�b� ywalK tG'N�p6 �/ r— -- —�- 1 z; fascmenf Parcc!'A I I CI Darner /.5 0,3E. 4'6.70'N 1,61dg OF L o f Censer I / 4 1 •j rt,i 44.0,0 W%de Overhead PCd6J7'r/on WGIA-Wa. � I � Eosemen� Parcel "B" tj Ij I I I� I 5' I ` I I•ill�• i '. ICI ` I t I I Ill f ' Ilf I 11I � I 0i1�_J I 1 I, .g9a Up WAYNE (a2. s' RAW) "P, 'i TO _ FROM = RE LEGAL DEP`a'RTMENT .=NTEROFF= CE MEMORANDUM SANDRA PARMERLEE, CLERK BOARD OF PUBLIC WORKS MARY HALL MUELLER��\�� ASSISTANT CITY ATTORNEY DATE = JULY 21, 1992 RECORDED GRANT OF EASEMENT -- NATIONAL AUTOPARK, INC. Please find attached a recorded copy of a Grant of Easement which was executed by the Board of Public Works on June 22, 1992. As you no doubt remember, this has to do with the skyways and tunnels between the Norwest Bank parking facility and the Norwest Bank Building and the old Robertson's Building. I thought you might like to have a recorded copy for your file. Enc. MHM2/GENERAL/2PARMERLEE Facility for the Skyway and runnel. F. When the Parking Facility was constructed, certain additional encroachments in, over and onto the adjacent public right-of-ways were created. Grantor acknowledges that such encroachments, as herein described, do not interfere with or obstruct the adjacent public right-of-ways. This easement is further granted to authorize the continued use of the Parking Garage Facility with such encroachments. GRANT OF EASEMENT N THIS GRANT OF EASEMENT is made this X--Rday of June, 1992, by the City of South Bend, Indiana, a municipal corporation, by and through its Board of Public Works (the "Grantor") in favor of National Autopark, Inc., an Indiana corporation, its successors and assigns (the "Grantee"). Recitals A. The Grantee is the owner and operator of a multi -level parking garage facility (the "Parking Facility") located on the following described real estate in St. Joseph County, Indiana: Lot Numbered Two Hundred Eighty-nine (289), Two Hundred Ninety (290), and Two Hundred Ninety-one (291) as shown on the original Plat of the Town, now City of South Bend. Commonly described as being located at the Northeast corner of Main Street at the intersection with Wayne Street in South Bend, Indiana. Tax Key No.: 18-3007-0239 (the above described property is herein referred to as the "Parking Facility Property"). B. Construction of the Parking Facility was undertaken in 1965 and the Parking Facility has remained in continuous use and operation since its construction. C. When the Parking Facility was constructed, an enclosed pedestrian walkway (the "Skyway") was constructed over the adjacent public alleys located to the east and north of the Parking Facility. The Skyway connects the Parking Facility with (i) the building at 112 West Jefferson Boulevard, South Bend, Indiana, which is currently the location of the main offices of Norwest Bank Indiana, N.A., and is commonly known as the "Norwest Bank Building" and (ii) the building at 211-223 South Michigan Street, South Bend, Indiana, which is the location of the former Robertson's Department Store and is commonly known as the "Robertson's Building." D. When the Parking Facility was constructed, an underground walkway (the "Tunnel") also was constructed under the adjoining public alleys located to the north and east of the Parking Facility. The Tunnel connects the Parking Facility to the basement of the Norwest Bank Building. E. The Skyway and the Tunnel have been in continuous use and operation in the public right-of-way since the Parking Facility was constructed. No public record can be located of an easement previously granted by the City of South Bend with respect to the Skywalk or the Tunnel. This easement is granted, inter alia, to validate the existing use, and to authorize the continued use, of the public right-of-ways adjoining the Parking Facility for the Skyway and Tunnel. F. When the Parking Facility was constructed, certain additional encroachments in, over and onto the adjacent public right-of-ways were created. Grantor acknowledges that such encroachments, as herein described, do not interfere with or obstruct the adjacent public right-of-ways. This easement is further granted to authorize the continued use of the Parking Garage Facility with such encroachments. NOW, THEREFORE, THIS INDENTURE WITNESSETH AS FOLLOWS: 1. Grant of Easement. In consideration of the sum of One Dollar ($1.00) paid by Grantee and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor hereby grants, bargains, sells and conveys to the Grantee, its successors and assigns, forever, the permanent and perpetual right and easement to use, operate, inspect, maintain, repair, remove and replace the following: (a) the Tunnel, under, across and through the property described on Exhibit A attached hereto and by this reference made a part hereof and as further shown on the Survey prepared by Cole Associates, Inc., dated June 8, 1992 and attached hereto as Exhibit C (herein, the "Tunnel Property"); (b) the Skyway, over, across and through the property described on Exhibit B attached hereto and by this reference made a part hereof and as further shown on the Survey prepared by Cole Associates, Inc., dated June 8, 1992 and attached hereto as Exhibit C (herein, the "Skyway Property"); and (c) those building enchroachments of the Parking Facility identified and described on Parcel No. 1 in the survey prepared by Cole Associates, Inc. dated June 17, 1992, a copy of which is attached hereto as Exhibit D-1 and D-2 (which enchroachments are referred to herein as the "Building Enchroachments") on, over, across and through the public right-of-ways for the public streets, public alleys and public sidewalks adjacent to the Parking Facility as reflected on the said survey (which public right-of-ways are herein referred to as the "Encroachment Property"). TOGETHER with the right, liberty and privilege to the Grantee, its successors and assigns, by its agents, employees, contractors and workmen, to enter upon the Skyway Property, the Tunnel Property and the Encroachment Property, over the property of Grantor, as may from time to time be reasonably required for the purpose of using, inspecting, maintaining, repairing, removing and replacing the Skyway, the Tunnel and the Building Encroachments, subject to compliance with applicable laws, ordinances, codes and regulations. 2. Binding Effect. The easements granted herein are binding upon the Grantor and its successors and assigns. 3. Appurtenant. The easements granted herein shall benefit and be appurtenant to the Parking Facility Property. 4. Duration. In the event that the Skyway, the Tunnel or the Building Encroachments shall be removed and not replaced within a period of two (2) years, then the right and easement With respect to the Skyway, the Tunnel or the Building Encroachments, as the case may be, shall immediately cease and terminate as to such features so removed and not replaced as aforesaid. 5. Related Agreement. The provisions of this shall not affect, modify or restrict the obligations the parties to that certain Agreement dated October recorded at Miscellaneous Record Book 217, page 170 of the Recorder of St. Joseph County, pertaining to construction and maintenance of the Skyway. Agreement of any of 1, 1965, and in the Office the 2 IN WITNESS WHEREOF, the Grantor has duly executed this instrument on the date first indicated above. CITY OF SOUTH BEND; BOAR / OF PUBLIC WORKS,/ STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me a Notary/Public in and for said County and State personally appeared and 0) A ( N T1. 0) U E LLEP members of the Board of Public Works of the City of South Bend, Indiana, a municipal corporation, who, as officers of said municipal corporation, represented that they are duly authorized to execute and deliver the foregoing instrument for and on behalf of, and as binding upon, said municipal corporation. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this JNL�-day of June, 1992. . Pf ()j�c.&c Notary Public A resident of St. Joseph County, IN My Commission Expires: JAM-1:NWB-Aut2.EAS This instrument prepared by James A. Masters, #9074-71, NEMETH, MASTERS & LEONE, 307 Norwest Bank Building, 112 West Jefferson Boulevard, South Bend, Indiana, 46601; Telephone: (219)234-0121. 3 GRANT OF EASEMENT THIS GRANT OF EASEMENT is made this D�,���f day of June, 1992, by the City of South Bend, Indiana, a municipal corporation, by and through its Board of Public Works (the "Grantor") in favor of National Autopark, Inc., an Indiana corporation, its successors and assigns (the "Grantee"). Recitals A. The Grantee is the owner and operator of a multi -level parking garage facility (the "Parking Facility") located on the following described real estate in St. Joseph County, Indiana: Lot Numbered Two Hundred Eighty-nine (289), Two Hundred Ninety (290), and Two Hundred Ninety-one (291) as shown on the original Plat of the Town, now City of South Bend. Commonly described as being located at the Northeast corner of Main Street at the intersection with Wayne Street in South Bend, Indiana. Tax Key No.: 18-3007-0239 (the above described property is herein referred to as the "Parking Facility Property"). B. Construction of the Parking Facility was undertaken in 1965 and the Parking Facility has remained in continuous use and operation since its construction. C. When the Parking Facility was constructed, an enclosed pedestrian walkway (the "Skyway") was constructed over the adjacent public alleys located to the east and north of the Parking Facility. The Skyway connects the Parking Facility with (i) the building at 112 West Jefferson Boulevard, South Bend, Indiana, which is currently the location of the main offices of Norwest Bank Indiana, N.A., and is commonly known as the "Norwest Bank Building" and (ii) the building at 211-223 South Michigan Street, South Bend, Indiana, which is the location of the former Robertson's Department Store and is commonly known as the "Robertson's Building." D. When the Parking Facility was constructed, an underground walkway (the "Tunnel") also was constructed under the adjoining public alleys located to the north and east of the Parking Facility. The Tunnel connects the Parking Facility to the basement of the Norwest Bank Building. E. The Skyway and the Tunnel have been in continuous use and operation in the public right-of-way since the Parking Facility was constructed. No public record can be located of an easement previously granted by the City of South Bend with respect to the Skywalk or the Tunnel. This easement is granted, inter alia, to validate the existing use, and to authorize the continued use, of the public right-of-ways adjoining the Parking Facility for the Skyway and Tunnel. F. When the Parking Facility was constructed, certain additional encroachments in, over and onto the adjacent public right-of-ways were created. Grantor acknowledges that such encroachments, as herein described, do not interfere with or obstruct the adjacent public right-of-ways. This easement is further granted to authorize the continued use of the Parking Garage Facility with such encroachments. NOW, THEREFORE, THIS INDENTURE WITNESSETH AS FOLLOWS: 1. Grant of Easement. In consideration of the sum of One Dollar ($1.00) paid by Grantee and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor hereby grants, bargains, sells and conveys to the Grantee, its successors and assigns, forever, the permanent and perpetual right and easement to use, operate, inspect, maintain, repair, remove and replace the following: (a) the Tunnel, under, across and through the property described on Exhibit A attached hereto and by this reference made a part hereof and as further shown on the Survey prepared by Cole Associates, Inc., dated June 8, 1992 and attached hereto as Exhibit C (herein, the "Tunnel Property"); (b) the Skyway, over, across and through the property described on Exhibit B attached hereto and by this reference made a part hereof and as further shown on the Survey prepared by Cole Associates, Inc., dated June 8, 1992 and attached hereto as Exhibit C (herein, the "Skyway Property"); and (c) those building enchroachments of the Parking Facility identified and described on Parcel No. 1 in the survey prepared by Cole Associates, Inc. dated June 17, 1992, a copy of which is attached hereto as Exhibit D-1 and D-2 (which enchroachments are referred to herein as the "Building Enchroachments") on, over, across and through the public right-of-ways for the public streets, public alleys and public sidewalks adjacent to the Parking Facility as reflected on the said survey (which public right-of-ways are herein referred to as the "Encroachment Property"). TOGETHER with the right, liberty and privilege to the Grantee, its successors and assigns, by its agents, employees, contractors and workmen, to enter upon the Skyway Property, the Tunnel Property and the Encroachment Property, over the property of Grantor, as may from time to time be reasonably required for the purpose of using, inspecting, maintaining, repairing, removing and replacing the Skyway, the Tunnel and the Building Encroachments, subject to compliance with applicable laws, ordinances, codes and regulations. 2. Binding Effect. The easements granted herein are binding upon the Grantor and its successors and assigns. 3. Appurtenant. The easements granted herein shall benefit and be appurtenant to the Parking Facility Property. 4. Duration. In the event that the Skyway, the Tunnel or the Building Encroachments shall be removed and not replaced within a period of two (2) years, then the right and easement with respect to the Skyway, the Tunnel or the Building Encroachments, as the case may be, shall immediately cease and terminate as to such features so removed and not replaced as aforesaid. 5. Related Agreement. The provisions of this Agreement shall not affect, modify or restrict the obligations of any of the parties to that certain Agreement dated October 1, 1965, and recorded at Miscellaneous Record Book 217, page 170 in the Office of the Recorder of St. Joseph County, pertaining to the construction and maintenance of the Skyway. K IN WITNESS WHEREOF, the Grantor has duly executed this instrument on the date first indicated above. CITY OF SOUTH STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY } Before me a NotaPublic in and for said County and State personally appeared Public R. C)L-_O&JEU - T, - and /Y1 12Y H • M UELL�2_ members of the Board of Public Works of the City of South Bend, Indiana, a municipal corporation, who, as officers of said municipal corporation, represented that they are duly authorized to execute and deliver the foregoing instrument for and on behalf of, and as binding upon, said municipal corporation. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this Q,�v day of June, 1992. 0ARME21�E- , Notary Public A resident of St. Joseph County, IN My commission Expires: JAM-1:NWB-Aut2.EAS This instrument prepared by James A. Masters, #9074-71, NEMETH, MASTERS & LEONE, 307 Norwest Bank Building, 112 West Jefferson Boulevard, South Bend, Indiana, 46601; Telephone: (219)234-0121. K DESCRIPTION OF PEDESTRIAN TUNNEL EASEMENT An easement to permit pedestrian travel between the buildings located on Lots:�85 and 291 as shown on the original plat of the Town, now City of South Band, Indiana. The centerline of said pedestrian tunnel is described as follows: Beginning at a point on the west line of said Lot 285, said point being 24.5 feet, more or less, north of the southwest corner of said Lot 285; thence west 4.3 feet, more or less; thence South 20.5 feet, more or less, to the point of curvature of a curve to the right; thence southwesterly along said curve-5.5 feet, more or less, to the point of tangency of said curve; thence southwesterly 14.8 feet, more or less; thence south 5.4 feet, more or less, to a point on the North line of said*Lot 291, said point being 5.2 feet, more or less, west of the northeast corner of said Lot 291. The width of this easement is intended to be sufficient to include the 6.0 foot wide passageway, exterior wall thickness and any appurtenances that may add to the width of this tunnel. Actual width of this tunnel is indeterminable at this time. EXHIBIT "A" DESCRIPTION OF OVERHEAD PEDESTRIAN WALKWAY EASEMENT Beginning at a point on the east line of Lot 291 as shown on the original plat of the Town, now City of South Bend, Indiana, said point being 15.5 feet, more or less, south of the northeast corner of said Lot 291; thence northeasterly 19.5 feet, more or -less, to a point on the west line of Lot 286 in said original plat of the Town, now City of South Bend, said point being 1.5 feet, more or less, south of the northwest corner of said Lot 286; thence north along the west line of said Lot 286, extended north, 15.0 feet, more or less; thence southwesterly 19.5 feet, more or less, to a point on the east line of Lot 291 in said original plat of the Town, now City of South Bend, said point being 15.0 feet, more or less, north of the Point of Beginning; thence south along the east line of said lot 291, 15.0 feet, more or less, to the Point of Beginning. EXHIBIT "B" I u - L_= • I `■ c ----------- _ -- u N .—..� ro 15.4' .ter\ —� r -- - -- • _ , v 15.5' -- ------ I i y.on ea _s� r I r� . n! I I •� ] r a •6a ^ O O• y ao' 1VeLelatl) s- N � 7 :a �• a Sao ] cs. cp� ^q'jcjie � rE:j;! ec5• a^eo��•a g,6t dig• i�� l�t� Fsi.�i^�� � j Iic^y�,5g�" s�?s faF !� F� ;,ei£ RSA a ¢4i:�a'•;��?r Ert 3 pjA r"�:j a:�� t its6r�£pp aai p�3 A rp�q c3.� g.fic= • �"y- � FS• S•e 3�is its e311 B Y S 6a%P h a6p G1 t5�^ga.i° i•���Cg � �'zj A Or 4 L i PIAi IT C1514[M15 5! 1 N[ C N HINwt 1 6ANh AN0 1khKINL GIhAOC !�u Y Dend 1•Illn� D—, 1. Ill � erinl 0+t[{511io. 57 L 011 ' �i.iti'mcAssm.m 6lOI:FTRS A8p81CC75 PLAH1.'ERS scum eDo mMkc uS RCs1C8TOi YCA%lYLLL DepIAMAk Y o. AEmsm+s 13YI GATE © EXHIBIT "C" MAIN (99'R/W) STREET -------- I :) D m1 �,: ~" �e-.� - - :35-._ - vZ;• _ 9. 'rsr•,.r-P - ir7•-- r,.,' ..• .r `. - T -- - j \ 1il I I lei � I c, lop IDS I I I I ! cal• I I I I nm uur ,i-1 �aN I I i{ 1 m n e p•e I +y ,`fib I vi J.x I N I m I m 1 I l itm I f�o I I I w a T N I z ! I a O• I m f`_i�_ 7 I a•� � uM 1 1 1 I '�• I : I 1 I r 1 ���•� 1 ! cy � I19839M-19e'D e� ''_ _ias' c_s_.f' _ r,_r_ -i1J-- -Z�y, — _{F�•_.. 'h •`. •�7�,,_ -L r ..+T'1� ...-m_a �.� ..p —y— —`fir \'L.' A11.7 -._.-..�- — •L F/re'Si'fL - �_-----------T---------- 765. row g1 .� i-----�---- 1 oc o god. xr'O i' I• �14 l 1 �n1 1 s`jd�S?o n I i a ak J4 nl it,it I `3,14 49.iJ y C, I S / N N Oa o 1 �• N so m 1 C r \up I` x' I I ..m a 1 l I I I c " ------ l.._..._--- 1------ -1--"-------- ----__---- �,c e_x ------i ------Ir l ------------- r^-'-__----�^-w ^'a{`I Ml CHIGAN f99 R/w) � STREET I;�� M N rc, rI /tf � Q u rL> 13 o I S o 9® O 6 O a c o r gL E 'F i 47i/r u p �i lsrr °pap C { ,-xV-•3• -C :a•q cifcj -c li tie7-jl ciiF �/: c j:z �S• F:t6 S(ce si: r 8 fk. e;t�C S`? 9S si �'fFic _cE� rt Sii`5_j:�i� 1r7 R ';F"+� Z i i 4- r❑ i5' i. is r c ei iilei 1 Aq j+kh Ej� �?Ej t�.;'•IIh ��'ri i.�F_ij•3 �� - r -f,' :vE g iL_._€:y i i si:'iss:..i• i_3°c.'.:'•iy r." _f, a 7? l x ! :: fr� a i �- s•i} 1 r a: =�i'cx4° I�o a s`!� a 'i's r rr^�= y i � :1 -c'i'r' x=rl^ a t �; ,.•5 � e sal A �:;• .�.'•i ;' i :. r7 _'7 J 9 ' FS � •� � f•,�x�:: � �y�'i -1111 i,�t E -;;�'i?3�i: i=� � ;3i'i'- j t i ;.x - •iS s L7► 4� Fe% `•' iri l:ck�+r -�i 3 :(!� IY 1itlrc� j'^..,,i:.ii ;_-( i I;i•�i .-itc :�: � ::jt: I.A e�7 sits {�'=i:, aaJii!•ii °ij'.t+ .•�i 2ic;,� u ALTA/ASCM LAND TITLE SURVEY LOT$ 289,290 & 291 A$ SHOWN ON THE ORIGINAL PLAT OF THE C17Y OF SOUTH BEND on.n JEK 0tNJWf 0a4e'/61 N92coJs This Survey Requested By! Coyne Invesfmmi Limiled Poriner.hia me Noilonol Cily Bong BulldI nq Cleveland, Ohio 44114 no revlebns by dale Oelr led Ben*BldV Oac, m+ Added 7vnnrl4 S4.01Z Oederiphen Chenprd Porcd Hvmbrr sy�rrM �+79t PART OFWI/2NW1/4 SEC.12-T37N-RZE SOUTH BEND,PORTAGE TOWNSHIP, ST. JOSEPH CO.,INDIANA F7= l EXHIBIT "D-1" W w F- M z Q I I I I ! I 292 I ' EosementPorce!'A' ! I III �I Bldg Corner is 0,35'k 6.70'N. i II S/d Corner is 0.09W s, �\ 0./7'W of Lot Corner I ? of 449, Lot Corner 1 e. r Alley /65-'D i NT !' IO•L "� __4 .0'D TASign v.85! 'W/veread/ Walk aq.2_ Pedestrian WOI I 1N I �" 291 It_i 7G' !' c r�� I IIr I y(II s 5 %2 Story Ooncre fe and I v� Mosonry Office Park/ng rjI �I o� I Im 0 III I 290 J ICN I PA CCEL No. l a ! ( I I4 IN NI L I I 5I4n8.(p Abovc Walk � � I ------------ �--`-- I` I I7;.7' III 289 Ni I II I I �I �l II �N I ► I d ¢ 1 Bldy, Corner is 4.88'1V II l` 1 Ib 0.09'W of Lot Corner —3�—_ f' i t�l IiL _ ---- -- Il7i, +^ —• — — overhead Canopy �65' 4o M � ,�, -- 8 �� bove Wc1K `yyalK t61Nrgh o'o�cya yo k, 4 �d WAYN E rc, �R/W ) EXHIBIT "D-2" NEMETH, MASTERS & LEONE ' ATTORNEYS AT LAW .SUITE 307 NORWEST BANK BUILDING PETER J. NEMETH 112 WEST JEFFERSON BOULEVARD CHARLES S. LEONE SOUTH BENI), INDIANA 46601 JAMES A. MASTERS TELEPHONE (219) 234-0121 FACSIMILE (219) 234-8054 Mr. John E. Leszczynski President SOUTH BEND BOARD OF 1308 County - City 227 West Jefferson South Bend, Indiana HAND DELIVERED June 18, 1992 PUBLIC WORKS Building Boulevard 46601 Dear Mr. Leszczynski: DEVERE D. GOHEEN JOSEPH S. DONNELLY OF COUNSEL RE: National Autopark, Inc. Parking Garage I am addressing this letter to the South Bend Public Works on behalf of National Autopark, Inc., which is a wholly -owned subsidiary of Norwest Bank Indiana, N.A. National Autopark, Inc. requests approval of the enclosed Grant of Easement for the parking garage located at the intersection of Main and Wayne Streets. When the parking garage was constructed in 1965, an above- ground pedestrian walkway was constructed connecting the second and third floors of the parking garage to the second and third floors of what is now known as the Norwest Bank Building and the Robertson's Department Store Building. An underground tunnel also was constructed, which connects the basement of the parking garage to the basement of the Norwest Bank Building. A title search reveals that there is no public record of an easement having been granted by the City of South Bend for the pedestrian walkway over the public alley to the east of the parking garage or the tunnel which runs under the public alley. Recent surveys of the parking garage also show certain encroachments onto the public right-of-ways for the adjacent streets, alleys and sidewalks. Copies of the surveys are enclosed. Reduced copies of the surveys also are attached to the Grant of Easement. National Autopark, Inc. is in the process of transferring title to the parking garage. In conjunction with the closing, NEMETH, MASTERS & LEONE ATTORNEYS AT LAW ;zczynski U i111C 10, 1J JG Page Two the purchaser has requested the proposed Grant of Easement for the pedestrian walkway and underground tunnel and for the building encroachments shown on the Survey. On behalf of my client, I request that this matter be placed on the agenda for the June 22, 1992 meeting on the Board of Public Works and request its favorable action on this matter. If I can provide any further information concerning this request, please feel free to contact me. Very truly yours, JameJs A. Masters JAM: slp/126:Les zcz.LTR Enclosures cc: Thomas J. Coyne Attorney at Law David V. Nelson Vice President and Counsel Norwest Corporation Mary Hall Mueller Assistant City Attorney i - . 14, Alley - I l I 1 I I I �: •- 4.3 .. I I I II I � I N 0 h T H 5CALE v I°= 5' o I N I k l ;t, I I I` rl 14.LOhVE DATA b• 56.42' � I 1T. 3.0' 1 I Ij A • 5- 6' E. I Southh tosf Corner of Lot 2B2, Original Town I - ef South bend \'4Q c cyo tip• Q4 P 4 \ _ O 1 -- -- sz' ems, Northeast Gorntjr of 1 u' Loft M. OriglnaI ITown�' I Qua off South bind --- p, ----i-------- — I s j a _ h m n tr? \Q T b, a • 4 Purkfng Garage building Lint • 'P.D.b. Walkway Eastment 1 1 I 1 1 It' Alley. ._.. El. 150.0 1 I Vra3kway I EI.7247r7r Gant Pn�'t EE 110.58 WALKWAY ELEVATIDK5 H.T. 5 I I � I —10.b Tunnel Easement 4If bank 6u�idirv� C°n r. 5ouihwe5t Gorntr of Lot 265, Originol Town Of South bend Nor thwesI Got ntr of Lot 286, Original sown of South bend Gro55 hair ctd Areas are Included in an agreement Dated Dctober 1, 1965 and Ntcorded in M15c Fitcord 211. Pages 110 to M. DESCRIPTION OF PEDE5TRIAY,, TUNNEL EASEMENT o Q An easement to pe mit Pedestrian travel between the buildings located J � on Lots 285 and 291 as shown an the arigtnal plat of the Town. now City f- of South Bend. Indiana. The centerline of said pedestrian tunnel Is described as follows: z r Beginning at a point on the west line of said Lot 785. said point being .n 24.5 feet, more or less. north of the southwest corner of said Lot ZE5; .6 thence west 4.3 feet. rare or less; thence South 20.5 feet, more or Tess, to the point of curvature of a curve to the right; thence southwesterly along said curve-5.5 feet, more or less, to the point of tangency of Said curve; thence southw:s cerly 14.8 feet, more or less; thence sou , S.a Free, -- er 1—.. r rbrnr n 11. Hare. rine er said Lot 2911 said ootht being 5-2 feet ,mreor less, west ar the s northeast corner of said Lot 29I. The width of this easement is m oc intended to be sufficient to include the 6.O foot wide passageway, exterior wall thickness and any appurtenances that may add to the width � of this tunnel ie indeterminable at this of this tunnel. Actual width ti-- DESCRIPTION OF OVERHEAD PEDESTRIAN WALKWAY EASEMENT Beginning at a point on the east line of Lot 291 as shown an the o original plat of the Town, now City of South Bend, Indiana, said point being 15.5 feet, more or less, south of the northeast corner of said Lot 291; thence northeasterly 19.5 feet, mre or less• to a point or - the rest line of Lot 286 in said original plat of the Town, now City of South Bend, said point being 1.5 feet, more or less, south of the northwest corner of Said Lot 286; thence north along the west line of said Lot 286, extended north, 15.0 feet, more or less; thence southwesterly 19.6 feet, more or less, to a point on the east line of 9-1Lot 291 in said original plat of the Town, now City of South Bend, said point being 15.0 feet, more or less, north of the Point of Beginning; ,o thence south along the east line of said lot 291, 15.0 feet. more or 4 less, to the Point of Beginning. C ,t, v � z o _ L Z u Z 3 fit W eL — ��� C. � = V 1, Roliln E. Farrand, Sr. being a Registered Land Surveyor in the State o d of Indiana do hereby certify that I have supervised the survey of the �c r Easements shown hereon and that to the best of my knowledge this Plat is a true and Correct representation of said Easements. r � --c m 1 d r COIF ASSOCIATES INC. ¢ r- 2211 East Jefferson Blvd. ' South Bend, IN 46615 w F Fq �\Npit lLgRR9 .Tune B /9!li2 2. •et ti°- !o. � .0 is Arran r, Date j ' p9943 Registered Land Surveyor o Z STATE CF •: State of Indiana No. 09943 .14L Skt,D SHEET ONE u bF o t 'CIC-0 Bldg Corner is 0.94'N of R 1 I II I I I I I�I ! I 294 I li � lu 1 h I� 1 I I I fF 1 II I I f I I K/ W) t{UU_L-_G Yfrrt� 3 -��- j181d .Cornerls0.82' P.O.B i6s'0 dN.�f/P IZSo'. � ----� T CtB /65•/OM --77 1L. -_ _- %2i D- --TroctA__� 3.45' 344• \I NORWEST jll OPed 1 i i ~\ I I 4 BANK L 1 � L 7S7ory Brick _ I 1 r-t P o, �\ 2gt Il Gross +11 L � P �• _W(p I li -------� ---� --- - I I ! rl I Landscaped ll 11 I ire-i I p i - /Z1.061M 293 I! I 12I' D I!a.z3'E.ofFt' Is 1 284 II I L1LJ --_----._------------ NN Ld Ld IF - in I cn II 11 I � � I I � 1 } 292 I i 285 � I I r EasemenfParcel'R� � I I d 1 } I t;c Bldg Corner is 1 4 .1 Bldq Corner is 0.09'N� t, 0.35''I I I i?I E. � 6.70A I Lot Corner 1 0-IN IN of Lot Corner I ` I of I -�--------- ------------- l i -- 44&9_ -- - --=P�a =�T- -- ------------------ - f r_� -Y- u.G lei. q•.-•ANY �65'A (/b - a :o•a - I'4 vacated Alley s r�-Wide Overhead----�•----------- I z6ptiy„ �� ' v-z•�� � � � Pedestrian 1Na/kway f EOsemem' POrce/ "0' 2 iJ 291 N� 3! 286 I m 3' J + j � � r /-7• 1 � I ' I rxc• �: '°i 1 ilk I I I 1 1 � Iti V I f.2 vv •2•� I leg,1 �2 i� 51/2 Story Concrete and 1 I II vs Masonry Offlce efbrlYmy N� j 1 Z z r/ I i <� f I 290 a J a jj h I 287 I = G`1C� PAECEL NO.1 j q S rqn .6 8YValkCD HrgA'Abovc WY of ti ON ! w Ih o z ''. lI I 0 0� 289 Iti M I B o al I „i III 288 I } B/d Corner is 0 rr �� 9• 4.88'/Y. � 0,09'N0fLofCorner fj)) a6' I e j z. �' I • 1 1 �1�• ux ` 1 _` overhead Laantpy /65.40' /! 32 Z �$ I , 1 IDDVEW01K�/0.4'AbaveWa/K /65'-D -J �B 4�-^r�Hr9h8.7'A� +- 1 I ----- ---- ------ li I -----'-------- -I 1WafK L61Hryh r�l WAYNE (82.5t k/W } r C r C T Scale- i"=20' LEGEND x Street Light 10 Light Base CI Street Sign M Inlet 5Q Sanitary Manhole © flettHc Manhole 13 Traffic Manhole Qw Hater Manhole G) Telephone Manhole o Gas Vent w Gas Yattre N {later valve fl Traffic Signal Pole Deposit Box Tree Billboard Sign Drywell Air Conditioner VICINITY MAP t et Pia cc le rl t•C Of thr fr<rrdwr C' .'cir:' •- r OESCRTPTI01 OF PEOESTRIML t'= r---- Art !askant I, prrnit CPErztr,art era , '- rrS 1-t- on Lot; -a5 and "I as srt p- tr.e ar,::,•_ of Sou tr. Bend• Ind,ane, Tn. c"nterl,nw r- - - destribed as fellows: Prgtrninq at a 9-t on LM -t line of •. - -- :4.5 fee*. ,-pre nr lee :. ro-*n of trance rptt :.3 fee- rn a or less; less, to thr pe,r• v° .rvatsre of - - swtn.esterly al0aq Said curve 1.05en<y of sa,d curve: cnee<e Soot'."­r'� - - - - - - I--'putr. 5.a feet, core or lee, tv - - - r iu id Lot .9:. sa td onin: [�, rr, s.: teei.tr; nortneas: corner o' sa,d Ln; :01. The +- " irtendM to be zuffloert tv helve- the6.0 tr<: �.,: •oats; r:.:.. er ern Pr nail thlcin^s: and any open-trmet[t tree-1 r e!d L0. the - of ibis tunrt:. Actual wteth of eels turue; r tnel;�r.•tra0le z: L .. u•e. 0ESC43Piir,: cF OVEM-1AP . ECE%TRIA". ::!+ j;j.rE.•:: PArt.FL -P' Seq,on,na ac a voirt an ;n! ta't I,r- � . Ts s-twr• or. t or,0, eal nlat of the Tnr, nrr Cit'. r _ _ boi-4 15.5 tort, car. 0' 1eti, toot' --•- - - Lot Z91; mecca norm,o,te,ly .9.5- th-, 11. 1- o' Lnt :f6 ,n -a- 5mnn Sp i. :a,a pl- [ rn 1.5-- Ortn.rst ecrwwe o1 5a+n LC: ;,r4t t• _ - ta�a tut ;26• wrtentwe rq•t f; L5.4 1 • tines ,,rtwlr 1tA ' - Cr Ir. t Lni 291 po,ni be; nq 1s.0 1­'.cure 4r less. n -h C1 - - - thence :euth Sorg I,, east l+re pf sa od let z` - - _- ills, *n Lh; 1 Fr�inn,nq. said yrrhead _ __ _ elPvtnt -at of '-- I All A coat Vera;ern ni - Oater., and be W1 appror, %ely l]'_7• ato-re .1 - - "t- el etatttn. - Fire Escape Certl:ted 1p SL,t:viy ,s C-7T:F:C!1E Clyne lmestrent: Limited Partrerzn+; ltl source hen, Como-ith Title 1"0"1" Cc'c.Fen, 1. P.oll to E. Farrand. Sr„ heSeg a °tglSierM Land 5vrvr .e :' 51a;! of !ndtana, en hnreLY teiti'f 1-at G,is r •- nr �'a yr^•: t"•: surrey Or, uhieh it tt oase0 ro rae• ,n KCOrca-:-• •''- Stareard Detail PeOutr-rent% for X;A1. C9t tars 'nlny establ ISled 111 a<ooi!d by ALIA all :.C"' - ''' •'-' utlxura<y recu,re,+entz r* A Class- ,ncl�des It- 1. 2, 3. a. 5. 1, 9. •1l. ri a.. ::�' l t_'rr'. There are no erC veto Chrtnti e. Cevt a' hewn. COtf ASSPCIArrC mr. I felt :efi-rsdn Foulrrer- SW ,, fend. IN 46EI' rerl"(o-`i l"e.-J''�• -w- Tune li, /f72 I09isterad Len.l Ilav 5tr ro. ' State of 1-a-;n. F99cj rtfrn CER7:r1[:710s STATFe I. Rol 11n t. Parrand, 5 being a 5tntster-d La-3 Surveyce it t­ 5ta to of "ndtana, do hen•hy <erttiy that the F. 711 M-0 delcrlDet n In- as Zrn, 'C- , aCc, taro rttn 'he Fedlra. :nsurance Late Psi' t: srtft on Contu„lty Pan,] Nv. I"'314CA6. reused CPLE ASECCIATES I7._ .:II East Jwf!rrvnn Soulrvaro Seutn Eend• :i: dEG1i Pe011 tared Land Sdrre;�p� 5tate of Indtana Mo. 0993 ZONING 5TRTFMEN' \M f vV •'1C7F "� O•', N.�ffeet a9943 In a ,rdanc, .11n'Smth Revd, tnd,ana " Id,n9 Tanart..rr: re<Orc:. Parcels v1 -Tracts A A R and Pa reel Y71 - Tract A et true nerr•• e• tpned '[- - Ct[, 1.,4 he qnT ,,, •ht<n ,t :r'e settvr� Pr trelve stories ne,nn;, STATE OF : Z •hej At+►•,�'. •M�,1 LAMOS ,n a O a a � O.ac �y Z OC to r \ _O 0 u G• �[ 0 y 13 ti ,a, C � %Z4Q QkC]h I; O � - a z a zO - >- r W a jl} N U U i LY Ld t-co r M _j N O N co UIL O� J 0 N 0 U) Ul z of J 3 Q Co CV Z OH Z Ur W N AO C� a a = 3 a1 LL CL J 5 Z w Z Q zw LK m � O � Q 0 O sheet r or 1 E