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HomeMy WebLinkAbout#1569- Deed; RELEASE OF EASEMENT Beginning at a point of the northerly line of Lincolnway East. East line of 16 foot easementRELEASE OF EASEMENT Beginning at a point of the northerly line of Lincoln Way East; Addition to the City of South Bend; point being on the east line of a 16.00 foot easement granted to the City of South Bend by Playland Park. AL, L`ry) IL 6 d RELEASE OF EASEMENT 9228500 WHEREAS, the Civil City of South Bend, by and through its Board of Public Works, obtained an easement for sanitary sewer purposes upon, over and under real estate located within the City of South Bend, St. Joseph County, State of Indiana, more particularly described as follows: A part of Section 18, Township 37 North, Range 3 F;r,uf. East, Portage 'Township, City of South Bend, St. -'` Joseph County, Indiana described as follows: -.� Beginning at a point on the northerly line of Lincoln Way East, 16.84 feet South 7203015411 East (bearing assumed) of the southeast corner of Lot 13 as shown on the recorded plat of Major's Ta;;i6„g &J, K Addition to the City of South Bend, Indiana, said Data point being an the east line of a 16.00 foot""`"°' easement granted to the City of South Bend, Indiana by Playland Park, Inc. and American Trust Company; thence North 001140101" West along the east line of said 16.00 foot easement to the low water mark of the St. Joseph River; thence northeasterly along the low water mark of the St. Joseph River to a line 14.00 feet North 89°19'59" East of and parallel with the east line of said 16.00 foot easement; thence South 00140101" East along said line 14.00 feet North 89019' 59" East of and parallel with the east line of said 16.00 foot easement to the northerly line of Lincoln Way ' East; thence North 72030154" West along said r northerly line of Lincoln Way East, 14.73 feet to `x t the point of beginning. .f. WHEREAS, a copy of said easement was recorded in the Office,of-thp Recorder of St. Joseph County in Miscellaneous Record ,2. �..;_�,and WHEREAS, the City of South Bend no longer has any need for the easement, NOW, THEREFORE, BE IT RESOLVED that the Civil City of South Bend, by.d.L ,�,aig,t� rough its Board of Public Works, hereby releases and rvt�n4li°te all rights and interest in said easement. ,'-'IN`•W^JTNESS, WHEREOF, the members of the Board of Public Works of the Ci qS9Vr-h'Bend, Indiana, hereunto set their hands and seals this r ^� nda- rof IDAU , 1992. ATTEST: �AJ�0 vq Sandra M. Parmerlee, Clerk BPW3/EAS-REL2 CITY OF SOUTH BEND, INDIANA BY ITS BO�A�RD OF PUBLIC Wf� Jq(hn Leszczynski;✓Ptps ames R. Mary Hall eller DUL'i E�!TERED FOR TAXATIOR BEVERLY D. CRONE AUDITOR ST jOSEPH CO. INDIANA rw STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, a Notary Public in and for said County and State, personally appeared John E. Leszczynski, James R. Caldwell, and Mary Hall Mueller, known to me and constituting the Board of Public Works of the City of South Bend, Indiana, who acknowledged the execution of the above and foregoing instrument as their free act and deed this J��I--day of _ I �� A� , 1992. Sandra M. Parmerlee, Notary Public Resident of St. Joseph County, Ind. My= Coftt�a's. an Expires: This instrument prepared by Mary Hall Mueller, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. --2- BPW3/EAS-REL2 j 9228500 _H ,._. RELEASE OF EASEMENT WHEREAS, the Civil City of South Bend, by and through its Board of Public Works, obtained an easement for sanitary sewer purposes upon, over and under real estate located within the City of South Bend, St. Joseph County, State of Indiana, more particularly described as follows: A part of Section 18, Township 37 North, Range 3 East, Portage Tlndiana,describedSouth follows.St. Joseph County, Beginning at a point on the northerly line of Lincoln Way East, 16.84 feet South 72030'54" East (bearing assumed) of the southeast corner of Lot 13 as shown on the recorded plat of Major's Addition to the City of South Bend, Indiana, said point being on the east line of a 16.00 foot easement granted to the City of South Bend, Indiana by Playland Park, Inc. and American Trust Company; thence North 00040101" West along the east line of said 16.00 foot easement to the low water mark of the St. Joseph River; thence northeasterly along the low water mark of the St. Joseph River to a line 14.00 feet North 89019159" East of and parallel with the east line of said 16.00 foot easement; thence South 00140'01" East along said line 14.00 feet North 89°19'59" East of and parallel with the east line of said 16.00 foot easement to the northerly line of Lincoln Way East; thence North 72*30154" West along said northerly line of Lincoln Way East, 14.73 feet to the point of beginning. WHEREAS, a copy of said easement was recorded in the Office of the Recorder of St. Joseph County in Miscellaneous Record 91-32291; and WHEREAS, the City of South Bend no longer has any need for the easement, NOW, THEREFORE, BE IT RESOLVED that the Civil City of South Bend, by and through its Board of Public Works, hereby releases and terminates all rights and interest in said easement. IN WITNESS WHEREOF, the members of the Board of Public Works of the City of South Bend, Indiana, hereunto set their hands and seals this day of _�lA% 1992. CITY OF SOUTH BEND, INDIANA ,-B,Y ITS �pRD�,OF PUBLIC/WORKS ;ATST: Sandra M. Parmerlee, Clerk J hn Leszczynsk'i; )?yq?ic-1en es R. Ca Mary Hall eller BPW3/EAS-REL2 `V STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, a Notary Public in and for said County and State, personally appeared John E. Leszczynski, James R. Caldwell, and Mary Hall Mueller, known to me and constituting the Board of Public Works of the City of South Bend, Indiana, who acknowledged the execution of the above and Foregoing `i/nstrument as their free act axed deed this day of M 7 1992. Sandra M. Parmerlee, Notary Public Resident of St. Joseph County, Ind. My Commission Expires: f_ C2y_ 9�L This instrument prepared by Mary Hall Mueller, Assistant city Attorney, 1400 County -City Building, South Bend, IN 46601. -2- BPW3/EAS-REL2 .y RE _ LEGAL DEPARTMENT 2 NTEROFF 2 CE MEMORANDUM SANDRA PARMERLEE DATE = MAY 12, 1992 PUBLIC WORKS �� MARY HALL MUELLER � ° _ ASSISTANT CITY ATTORNEY RELEASE OF EASEMENT -- RIVER CROSSING I PROJECT Sandy, please find attached original and one copy of a Release of Easement, which 1 would like placed on +.he BPW agenda f.br May 1$ , 1992. This document releases an easement which was previously granted to the City by Playland Park, Inc., for the River Crossing I Project. As it turns out, the City does not need an easement over this particular strip of land, but will require an easement over a 14 foot strip to the west of this easement. The easement that we actually require is being granted by Earl J. Redden and John J. Redden, tenants in common. Accordingly, we can release this easement as no longer required by the City of South Bend. Please let me know if you have any questions or comments. Thank you. MHM1/MEMO 1_4Q4-w-1M I A L A !�, Sandra M. Parmeriee, Clerk Mary Hall eller r