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Home My WebLink About#1568- Deed; RELEASE OF EASEMENT Parcel of land being a part of the northeast quarter of section 31, Centre Township.A /S--C g RELEASE OF EASEMENT Parcel of land being a part of the Northeast quarter of section 31, township 37 North, Range 3 East, Centre Township, City of South Bend. 7,,eY No. 23-106.1- ;448: [ `. . RELEASE OF EASEMENT ranafef G AT Taxing Un;;A v Date Co 2- WhEREAS, the Civil City of South Bend, by and through its Board of Public Works (hereinafter the "City") has obtained a drainage and lagoon easement over a portion of the Kensington Farms East Subdivision, which easement is recorded in the Office of the Recorder Of St. Joseph County on the plat of said Subdivision as Document No. 91324-55; and WHEREAS, the City no longer has any need for a portion of said drainage and lagoon easement, which portion is described more particularly below. NOW, THEREFORE, BE IT RESOLVED that the Civil City of South Bend, Indiana, by and through it Board of Public Works, hereby releases and terminates all rights and interests in the portion of the drainage and lagoon easement previously granted for the Kensington Farms East Subdivision as follows: A parcel of land being a part of the Northeast Quarter of Section 31, Township 37 North, Range 3 East, Centre Township, City of South Bend, St. Joseph County, Indiana and being more particularly described as follows: O Beginning at a point on the West line of Lot 173A that is ¢ w 2 42.06 Feet South 8-24r-01" West of the Northwest o ES corner of said Lot as the same is shown and designated - a Z on the Plat of Kensington Farms East, P.U.D. Third (�1 o v � Replat, recorded as instrument number 9132455 in the I'` Q 0 = C-) a-Ef .ce ol file Et�cortier of St _ Jose Yx court P Y. T,n cli rn�-as thence south 50-27'-45" East, along the Northerly line o --r ¢ %U of a lagoon easement, a distance of 185.47 feet to a �- � `n point on the Easterly line of said Lot 173A; thence ? m North 71-21'-31" West, a distance of 71.44 feet to a �- point; thence North 38-20'-59" West, a distance of ;-j 121.44 feet to the place of beginning. IN WITNESS WHEREOF, the Members of the Board of Public Works of the City of South Bend, Indiana, have set their hands and seals, This is 10 certify that we surveyed the above proper- ty and find that the buildings stand strictly within the title lines and that there are no encroachments. REGISTEAED LAND SURVEYOR Lang, Feeney & Associates, Inc. Land Surveyors & Engineers 715 South Michigan Street South Bend, Indiana 46601 Phone 219-233-1841 FAX 219-674.0374 SCALE I DATE IDRAWING NO. r / / d-ay c,f 17111y, 1992. CITY 7F SOUTH BEND, INDIANA BY !TS BOARD OF PUBLIC WORKS Jhn E, Leszc amen R! ral 1ti1ary HaAlylueller ATTEST: \ if Saisdra M. Parmerlee, Cler STATE OF INDIANA ) 1 Ss: ST. JOSEPH COUNTY ) Subscribed and sworn to before me, a Notary Public in and for said County and State, this 6/7�day of July, 1992. SyNt=/� pl. PI►/�"ylE2CEe Notary Public •L- A resident of St. Joseph County, TN _ My 'o')mm s:3 tZ9P. Expires �L, U 9 THIS INSTRUMENT PREPARED BY: MHM1/GENERA/RELEASEASEMENT _42 This is to certify that we surveyed the above proper- ly and find that the buildings stand strictly within the title lines and that there are no encroachments. Mary Hall Mueller Assistant City Attorney County -City Building South Bend, Indiana 46601 REGISTERED LAND SURVEYOR Lang, Feeney & Associates, Inc. Land Surveyors & Engineers 715 South Michigan Street South Bend, Indiana 46601 Phone 219-233.1841 FAX 219.674-0374 SCALE DATE DRAWING NO 0-> '9',,..28499 .1448 RELEASE OF EASEMENT Board WHEREAS, the Civil City of South Bend, b of_ Public Works (hereinafter the ',1Y and through its and lagoon easement over a portion of theKensington drainage East Subdivision, which easement is recorded in the office of the Recer Of St. Joseph County on the plat of said Subdivision as DocumentoNo. 9132455; and WHEREAS, the City no .longer has any need for a portion of said drainage and lagoon easement, which portion is described more particularly below. NOW, THEREFORE, BE IT RESOLVED that the Civil City of South Bend, Indiana, by and through it Board of Public Works, hereby releases and terminates all rights and interests in the portion of the drainage and lagoon easement previously granted for the Kensington Farms East Subdivision as follows: A parcel of land being a part of the Northeast Quarter Of Section 31, Township 37 North, Range 3 East, Centre Township, City of South Bend, St. Joseph County, Indiana and being more particularly described as follows: Beginning at a point on the West line of Lot 173A that is 42.06 feet South 8-24'-01" West of the Northwest corner of said Lot as the same is shown and designated on the Plat of Kensington Farms East, P.U.D. Third Replat, recorded as instrument number 9132455 in the Off1Cta- p the R�cordcr o St_ Tosc__I, cour.t3._ ..,r tlncncc Soutn 50-27 - —45" East-,, along tYte IvortrlEZ'ly line of a lagoon easement, a distance of 185.47 feet to a point on the Easterly line of said Lot 173A; thence North 71-2l'-31" West, a distance of 71.44 feet to a point; thence North 38-20'-59" West, a distance of 121.44 feet to the place of beginning. IN WITNESS WHEREOF, the Members of the Board of Public Works of the City of South Bend, .Indiana, have set their hands and seals, This is to certify that we surveyed the above proper- ,y and find that the buildings stand strictly within the title lines and that there are no encroachments. REGISTERED LAND SURVEYOR Lang, Feeney & Associates, Inc. Land Surveyors & Engineers 715 South Michigan Street South fiend. Indiana 46601 Phone 219.233.1841 FAX 219.674-0374 SCALE I DATE IDRAWiNG NO. f J111-Y, 1992. ATTFJS/I : Sandra m. Parmerlee, Clerk STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Subscribed and swot .�a.ld County and State, this lvly' CVxZisri=: -pion �xP1i c_._ THIS INSTRUMENT PREPARED BY: MHM1/GENERA/I2ELEASEASEMENT This is to certify that we surveyed the above proper. ty and find that the buildings stand strictly within the title lines and that Ihere are no encroachments, CITY OF SOUTH BEND INDIANA BY _%TS BOARD OF PUBLIC WORKS _M ' Mary Hall Mueller n to before me, a Notary Public in and for �&—day of July, 1992. s�}Nl} 1'r1 • pf1�(1)[C�� Notary Public A resident of St. Joseph County, IN Mary Hall Mueller Assistant City Attorney County -City Building South Bend, Indiana 46601 REGISTERED IANO SURVEYOR Lang, Feeney i& Associates, inc. Land Surveyors & Engineers T NTER — OFF T CE MEMORANDtUrM C T T Y O F S OUT H B E N D DE PARTMENT OF PURL, T C W(D DT\7TS=C71-T OL' ENGTN"EER2NG 'T'O = Mary Hall Mueller Assistant City Attorney F ROM : Carl P. Littrell, PE, Director Division of Engineering IRE:: Easement in Kensington Farms D A T E _ June 30, 1992 As we discussed last week, attached is the legal description of the portion of an easement Jack Hickey would like the City to release. This will make construction of a large home possible on the lot. I recommend relinquishing this portion of the easement. As originally written the easement takes in an area larger than the retention basin it protects from development. The top of the basin's bank is outside the proposed relinquishment. Allowing development in the area will not reduce the storage capacity of the basin or cause harm or inconvenience to the city. Please draft an agreement to accomplish this relinquishment. Jack Hickey Associates, Inc. is the current owner of the property. Mr. Hickey would like the Board to act on this July 6. CC: Sandra Parmerlee WILLIAM D. LANG, PRES. )OHN B. FEENEY, L.S. TERANCE D_ LANG, L.S. SANG, FEENEY and ASSOCIATES, INC. LAND SURVEYING - CONSTRUCTION ENGINEERING 715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46601 TELEPHONE 219/233-1841 • FACSIMILE 219/674-0374 June 18, 1992 Mr. John Leszczynski, South Bend City Engineer Mr Carl LittrelI, Assistant City Engineer 1300 County -City Building South Bend, In. 46601 Re: Lot 173A Kensington Farms Third Replat SUB -DIVISIONS 130UNDARY SURVEYS TOPOGRAPHIC SURVEYS CONSTRUCTION SURVEYS Dear Sirs, As previously discussed, we are hereby formally requesting that the South Bend Board of Public Works vacate a portion of the "lagoon easement" lying on the Southwesterly portion of Tot 173A in the Third Replat of Kensington Farms East. We are including a copy of the site plan showing the proposed location of the house to be built on this lot and we have highlighted that area which we wish to vacate. As you can see from the enclosed sketch, the top of batik will lie generally within the lagoon easement after the vacation has been taken care of. Further, Gyre have drawn a contour line of this lot sketch which is wholly within the proposed lagoon easement as proposed. This contour line represents an elevation equal to the elevation of the inlet of the control structure which handles the overflow water frorn this lagoon. We are also enclosing a legal description tt,e recoraeapi atof the Third Replat of Kensington Farms East. If there are any additional documents required by your office for presentation to the Board of Works or if you require additional information, please feel free to contact this office at your earliest convenience. ENC cc: Jack Hickey File: Kensvaca-doc �ct.Gy' This is to certify that we surveyed the above proper- ty and find that the buildings stand strictly within t e title lines and that there are no encroachments. rl�ere y, J. Bernard Feeney REGISTEREO LAND SURVEYOR Lang, Feeney & Associates, Inc. SANG, FEENEY and ASSOCIATES LAND SURVEYING - CONSTRUCTIO t INC. INc 715 SOUTH MICHIGAN STREET • TELEPHONE MIC 21 g/233-184y FACSIMILEN �NGINEA 4660 SOUTH BEND, IN 4-,37 46601 WILLIAM D. LANG, PRES, .219/674-fl374 JOHN B. FEENEY, L.S. TERANCE D. LANG, L_S. June 20. 1992 DESCRIPTION: SUB -DIVISIONS BOUNDARY SURVEYS TOPOGRAPHIC SURVEYS CONSTRUCTION SURVEYS A Marcel of land being a Section Parcel Township part of the N Of South 37 North, Range Northeast Bend, St. Jose 3 East, Centre ni particularly described ph follows Indianaall, ['ow��shiF�, l;ity as follows: and ��eing moor Beginning a Point on the West. litre of Lot 173 $-24 01 West of A t laaE Lot as the same the Northwest is Farms me is shown anti designated on , corner East, P,>;i.D. the Plat of of yaiu b132455 in the Third Replat, recorded Kensint;ll_►t� Indiana• °ffice of the }recorder, as instrument numk►er thence South 50-271-45" °f St. Joseph a lagoon easement East P County, Easterly line o ' a distance along the Northerly line uI f said °g 185.47 feet to a }point oll tlrr distance of 71. Lot 173A; thence North distance 44 feet to a point• 71 21'-31" West, a of 121.44 feet ► #hence North 38-2,,-55„ to the place of beginnitrg. West, a Subject to anY easements, covenants or restrictions of N 578.41 333.77 144.27' 25' BUILDING 10 '_ RAINAGE LINE UTYLI Y ' SETBACK NT N 578.41 %1 0 E 478 , 04 ;f 41.45' 43.62' ' � ' � 1 N 536.80 N53,6.96 327.63 C4C,2.89 $$ 3' -A-q, 9 ` ca9n s �424 , 7` A o 0 s k!' 1D� Wru M R1 [7 tf7 00 In In W �l 26 z 0 i� 722.6y• This is to cerlity that we surveyed the above proper- ty and find that the buildings stand strictly within the title lines and that there are no encroachments. zW r� y It � / 26 , 95' � N>l .-� CU >r v v �W 44, zw 0 z LJ 0 ti N 418.73 E 470.67 REGISTERED LAND SURVEYOR -- Lang, Feeney & Associates, Inc. Land Surveyors &, Engineers 715 South Michigan Street South Eland, Indiana 46601 Phone 219-233-1841 FAX 219.674.0374 �lE DATE DRAWING NO. r-