HomeMy WebLinkAbout#1688- Deed; CORRECTIVE GRANT OF EASEMENT NICTD,Bendix Drive NO. of LWWj(rde
GRANT OF EASEMENT
WHEREAS, the City of South Bend, Indiana, by and
through its Board of Public Works, has custody and control of all
streets and rights -of -way in the City of South Bend, Indiana,
including the street commonly known as Bendix Drive; and
WHEREAS, the Northern Indiana Commuter Transportation
District (NICTD) requires an easement across Bendix Drive north
of Lincolnway West for the placement of railroad tracks and
associated equipment and the operation of a railway; and
WHEREAS, the grant of such easement is necessary to
effectuate the relocation of the South Shore Terminal to the
Michiana Regional Airport, which relocation is desired and
supported by the City of South Bend; and
WHEREAS, the City of South Bend, by and through its
Board of Public Works, has the power to grant an easement across
and over said street.
NOW, THEREFORE, BE IT ORDAINED by the Board of Public
Works of the City of South Bend, Indiana, as follows:
1) That the City of South Bend, by and through its
Board of Public Works, hereby grants to the Northern Indiana
Commuter Transportation District an easement for the placement,
installation, construction, and maintenance of railroad tracks,
including all equipment and facilities incident thereto, and the
operation of a railway, in, upon, over and under a portion of
Bendix Drive, located in the City of South Bend, St. Joseph
County, State of Indiana, more particularly described as follows:
NORTHERN INDIANA COMMUTER TRANSPORTATION DISTRICT
GRADE CROSSING AT BENDIX DRIVE - SOUTH BEND, INDIANA
Key Nos. 25-1023-068101 and 18-2109-4060
A tract of land situated in the Southwest
Quarter of Section 34, Township 38 North,
Range 2 East of the Second Principal
Meridian, St. Joseph County, Indiana.
Beginning at a point that is 345' Northerly
of the point defined by the West Right of Way
line of the Northern Indiana Commuter
Transportation District (also known as East
line of Bendix Avenue) and the intersection
of the East West centerline of Section 34,
Township 38 North, Range 2 East;
Thence Northwesterly a distance of 168' along
a line that is concentric with and 20'
Southerly from the center of NICTD's main
track, to a point on the West line of Bendix
Avenue;
Thence Northerly along aforesaid West line of
Bendix Avenue a distance of 50' more or less
to a point that is 20' North of and
concentric with the center of NICTD's main
track;
Thence Southeasterly a distance of 168' along
a line that is concentric with and 20'
Northerly from the center of NICTD's main
track, to a point on the West Right of Way
line of the NICTD (also known as the East
line of Bendix Avenue);
Thence Southerly a distance of 501, more or
less, along aforesaid West Right of Way line
of NICTD to the point of beginning.
2) This easement is granted for the sole purpose set
out above. Should NICTD cease the operation of railroad trains
on and over the easement granted herein for a period of five (5)
years, all rights granted herein shall revert to the City of
South Bend.
3) Neither this easement nor any rights and privileges
granted herein are assignable.
Dated this Z1 Ty day of January, 1994.
CITY OF SOUTH BFND
BOARD OF PUBLIC WORKS
Jo n E. Lesz zyn'ki, President
ames R.(JCaldwell, Member
Jenny P' is Manier, Member
AT TE;S T :
Sandra M. Parmerlee, Clerk
This Instrument was Prepared by: Mary Hall Mueller, Assistant
City Attorney, 1400 County -City Building, South Bend, IN 46601.
c:easement.bpw
City of South Bend
Joseph V. Kenr m. Mayor
Department of Law
Richard A. Nussbaum, 11, City Attorney
January 4, 1994
Mr. Bjarne R. Henderson
District Counsel
Northern Indiana Commuter
Transportation District
33 E. U.S. Highway 12
Chesterton, Indiana 46304
Re: Easement for Grade Crossing at
Bendix Drive, South Bend, Indiana
Dear Bjarne:
Please find enclosed a fully executed Grant of Easement from
the City of South Bend to NICTD for the grade crossing at Bendix
Drive. Also enclosed is a sales disclosure form which must be filed
with the County Auditor when the Easement is recorded.
Carl Littrell confirmed that NICTD has completed all of the
items set out in his letter to you of October 29, 1992, with the
exception of the construction of the cul-de-sac for Hartzer Street.
However, since the City has not yet accomplished right-of-way
acquisition for the construction, it does not seem appropriate for us
to hold up the Grant of Easement to NICTD for this item. However, we
are relying upon your representation that the cul-de-sac construction
for Hartzer Street will be undertaken by NICTD when the City has
acquired the proper right-of-way.
Thank you very much for your efforts in working with the
City to resolve the problems arising from the construction of the
railroad right-of-way to the Michiana Regional Airport. My best
wishes to you for a healthy and prosperous New Year.
Very truly yours,
Mar Hall Mueller
Assistant City Attorney
MHM\sb
Encs.
cc: Carl Littrell w/Encs.
Ihenderson
I-IU11 County -City Building • South Bend, Indiana 40001. 219/235-9241 • TDD (219) 235-55h7
17i�in►as I.. 8���11i:u John E, Broden Anne E. Bruneel Aladean M. DeRose Jeffrey M. Jankowski
Jenny Piccs'Manier Mary Hall Mueller Robert C. Rosenfeld
EXEMPT TRANSACTIONS
Prescribed for use InSt.Joseph County (8/93)
PNotw0standing IC 5-14-3, a sales d1scla-
sure form Is not a public record end may
only be usod by the State Board of Tax
Commissioners or persons acting on behalf
of the State Board of Tax Commissioners.
& ME=
pirsl Name
1,.1. Last Name
CITY OF SOUTH BEND, INDIANA
So6af Security number or Federal ID number (optional)
Address (number ardsfir City, Town or Post Deica
14ti1 Fl-. ,L,County-City Blc1g. South Bend 5tdt1N Zip Code
46do
601
First Name � -r M.I. Last Noma
UOR T HERN ND IANIt COP-U-1U l ER
I TRANSPORTAT1 DISTRICT
1
Social Security number or Federal ID number (optlonaq
- -
Address (number and street) City. Town or Post Office
Stale Zip Cade
33 I;. U.S. Ili h�)a 12 ,;_'t,as-�erca,l IN 46304
Address (number eMarreaq Crossing at B e nd l is City, Town or Post Otftco stale
w Zip Code
'Drive norlj of EhloodVent South Bend IN 46628
Parcel or Key number -
• -t 2 -40
County Township name
S t . Joseph
Propeq Liss' code (chid 1B) ❑ Residential ❑ Commercial X�] Industrial
Mineral
❑ ❑ Agricultural ❑ Other (specify)
S' n f M N t
Duos the transaction qua�ty as an exempt trar,"cuon7 If Yes, specify the number of the axempllon and skip to the signature section below. (To determine the number of the
es ❑ No 'Exempt
exemptlon see section entitled Transactlons' below) Reason number 11
Exempt Transactions
If the document to be recorded clearly Indicates that It Is an exempt Iransadion, please certify that the transaction Is exempt and provide the reason number.
1. Security Interest document such as mortgage and Inrst deeds 7. Transfer for no consideration or gift
2. Leases that are for a term of less than ninety (90) years 8. Do-umenls Involving the partition of land tenants In common, joint tenants or
3. Document for compulsory transactions as a result of foreclosure or express threat of tenants by the entirety
foreclosure, divorce, court order, condemnation or probate 9. Re-recording to correct prior recorded document
4. Transfer to a charity 10. Deeds placed in escrow prior to July 1, 1993
5. Agreements and other documents for mergers, oonsolidations and incorporations It- Easements / Right of Way Grants for no consideration
involving solely nonlisled stock 12. Documents executed prior to July 1, 1993. but not previously recorded
6. Ctuitctaim deeds not serving as a source of title
r_r
The parties 10 a real property conveyance document are required to file this form and attest in writing end under the penalties of perjury that the information contained herein is true and
corrocl A arson who knowin2ly and intentionally falsifies anX Inlormation required on this form commits a Class C misdemeanor.
Under Penalties of Perjury, I hereby carllfy that this S81e2 Disclosure, to the beat of my knowledge and belief, is true, Correll and complete as required by law, and Is
prepared in accordance with IC 6-1.1-5.5, `Real Properly Sales Disclosure Act".
For an exempt transaction only one signature (seller, buyer or either's representative) is required.
n lure of seller or repr senlativ
Telephone number Dal aig� fh rJ
( 219) 2 3 5 - 9 2 41
S,gnalu,a of buyer o to son,a,Ive
Te/elephone number Date signed (month, day, year)
e �•�r�,r�t -4jn. r � l h
} a^r 1
d- F,-:R
'MG"
LEGAL DEPARTMENT
INTEROFFICE MEMORANDUM
'1'Q SANDRA M . PARMERLEE DATE: DECEMBER 29, 1993
CLERK, PUBLIC WORKS
FROM: MARY HALL MUELLERVO-�
ASSISTANT CITY ATTORNEY
RE: GRANT OF EASEMENT -- NORTHERN INDIANA COMMUTER
TRANSPORTATION DISTRICT
Please find attached original and one copy of a Grant
of Easement from the City Of South
CTD haBend nowtoomp TDefor
the
gthe
rade
crossing at Bendix Drive.
the City for the granting of this
improvements required by the Board of Public
easement, and I recommend its approval by
Wnrks.
Please put this
Tuesday, January 4, 1994.
Encs.
2parmerlee.mhm
easement on the Board's agenda for
Thank you.
CORRECTIVE GRANT OF EASEMENT
WHEREAS, on January 4, 1994, the City of South Bend,
Indiana, by its Board of Public Works, executed a Grant of
Easement to provide for the Northern Indiana Commuter
Transportation District railroad crossing over Bendix Drive north
of Lincolnway West; and
WHEREAS, said Grant of Easement was recorded on January 13,
1994, with the St. Joseph County Recorder as Document No.
9401862; and
WHEREAS, it has later been determined that the legal
description on said Easement was incorrect and the granting of a
corrective easement would be appropriate; and
WHEREAS, the City of South Bend, Indiana, by and through its
Board of Public Works, has custody and control of all streets and
rights -of -way in the City of South Bend, Indiana, including the
street commonly known as Bendix Drive; and
WHEREAS, the Northern Indiana Commuter Transportation
District (NICTD) requires an easement across Bendix Drive north
of Lincolnway West for the placement of railroad tracks and
associated equipment and the operation of a railway; and
WHEREAS, the grant of such easement is necessary to
effectuate the relocation of the South Shore Terminal to the
Michiana Regional Airport, which relocation is desired and
supported by the City of South Bend; and
WHEREAS, the City of South Bend, by and through its Board of
Public Works, has the power to grant an easement across and over
said street.
NOW, THEREFORE, BE IT ORDAINED by the Board of Public Works
of the City of South Bend, Indiana, as follows:
1) That the City of South Bend, by and through its Board of
Public Works, hereby grants to the Northern Indiana Commuter -
Transportation District an easement for the placement,
installation, construction, and maintenance of railroad tracks,
including all equipment and facilities incident thereto, and the
operation of a railway, in, upon, over and under a portion of
Bendix Drive, located in the City of South Bend, St. Joseph
County, State of Indiana, more particularly described as follows:
NORTHERN INDIANA COMMUTER TRANSPORTATION DISTRICT
GRADE CROSSING AT BENDIX DRIVE - SOUTH BEND, INDIANA
Key Nos. 25-1023-068101 and 18-2109-4060
A tract of land situated in the Northeast Quarter
of Section 33 and the Northwest Quarter of Section
34, Township 38 North, Range 2 East of the Second
Principal Meridian, St. Joseph County, Indiana.
Beginning at a point that is 345' Northerly
of the point defined by the West Right of Way
line of the Northern Indiana Commuter
Transportation District (also known as East
line of Bendix Avenue) and the intersection
of the East West centerline of Sections 33
and 34, Township 38 North, Range 2 East;
Thence Northwesterly a distance of 168' along a
line that is concentric with and 20' Southerly
from the center of NICTD's main track, to a point
on the West line of Bendix Avenue;
Thence Northerly along aforesaid West line of
Bendix Avenue a distance of 50' more or less to a
point that is 20' North of and concentric with the
center of NICTD's main track;
Thence Southeasterly a distance of 168' along a
line that is concentric with and 20' Northerly
from the center of NICTD's main track, to a point
on the West Right of Way line of the NICTD (also
known as the East line of Bendix Avenue);
Thence Southerly a distance of 501, more or less,
along aforesaid West Right of Way line of NICTD to
the point of beginning.
2) This easement is granted for the sole purpose set out
above. Should NICTD cease the operation of railroad trains on
and over the easement granted herein for a period of five (5)
years, all rights granted herein shall revert to the City of
South Bend.
3) Neither this easement nor any rights and privileges
granted herein are assignable.
T �2uA�y
Dated thisday of , 1994.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
Jahn E. Leq-�cAy s'i' President
s Ri Caldwell Member
Jenny Pitts Manier, Member
2.
ATT T:
7
_ , --PO _J�
Sandra M. Parmerlee, Clerk
This Instrument was Prepared by: Mary Hall Mueller, Assistant
City Attorney, 1400 County -City Building, South Bend, IN 46601.
c:easement.bpw
3.
City of South Bend
JoNeph F. Kernan. Mayor
Board of Public Works
February 23, 1994
MR. BJARNE R. HENDERSON
SENIOR ATTORNEY
NORTHERN INDIANA COMMUTER TRANSPORTATION DISTRICT
33 East U.S. Highway 12
Chesterton, Indiana 46304
RE: CORRECTIVE GRANT OF EASEMENT
Dear Mr. Henderson:
At its meeting held on February 21, 1994, the Board of Public Works
approved a Corrective Grant of Easement to the Northern Indiana
Commuter Transportation District. It is the Board's understanding
that the original Grant of Easement which was approved by the Board
on January 4, 1994 contained an incorrect legal description.
For your information, I have enclosed the Corrective Grant of
Easement and would appreciate your having this document "recorded"
with the St. Joseph County Recorder. I would appreciate your
providing to this office a copy of the recorded document when it
becomes available.
If I can be of any further assistance to you in this matter, please
do not hesitate to contact this office.
smp
Enc.
Sincerely,
BOAR OF PUBLIC WORKS
Sandra M. Parmerlee, Clerk
1308 County -City Building • South Bend, Indiana 46601. 2191235-9412 • TDD (21 t9) 235-55b7
John E. I,e,zczmnskt .lames R. Caldwell Jenny Pitt, N91nic1'
TO:
FROM:
RE:
LEGAL DEPARTMENT
INTEROFFICE MEMORANDUM
SANDRA M. PARMERLEE DATE: FEBRUARY 11, 1994
CLERK, PUBLIC WORKS
MARY HALL MUELLER �i Y
ASSISTANT CITY ATTORNEY
GRANT OF EASEMENT TO NORTHERN INDIANA
COMMUTER TRANSPORTATION DISTRICT
Please find enclosed two originals of a Corrective
Grant of Easement to the Northern Indiana Commuter Transportation
District. Also, enclosed is a copy of the original Grant of
Easement which was executed by the Board on January 4, 1994. As
it turns out, NICTD provided the City with an incorrect legal
description, which has necessitated the grant of a corrective
easement.
Please put this easement on the agenda for the next
Board of Works meeting. After execution, one copy should be sent
to Bjarne R. Henderson, Senior Attorney, Northern Indiana
Commuter Transportation District, 33 E. U.S. Highway 12,
Chesterton, Indiana 46304, with instructions for him to record
the same. Please let me know if you have any questions or
comments. Thanks for your help, as always. I'll miss you.
Encs.
2parmerlee.mhm
Vs ' 94018f 2
~ GRANT OF EASEMENT
WHEREAS, the City of South Bend, Indiana, by and
rat:, through its Board of Public Works, has custody and control of all
streets and rights -of -way in the City of South Bend, Indiana,
including the street commonly known as Bendix Drive; and
WHEREAS, the Northern Indiana Commuter Transportation
District (NICTD) requires an easement across Bendix Drive north
of hincolnway West for the placement of railroad tracks and
associated equipment and the operation of a railway; and
z WHEREAS, the grant of such easement is necessary to
effectuate the relocation of the South Shore Terminal to the
Michiana Regional Airport, which relocation is desired and
supported by the City of South Bend; and
WHEREAS, the City of South Bend, by and through its
Board of Public Works, has the power to grant an easement across
and over said street.
NOW, THEREFORE, BE IT ORDAINED by the Board of Public
works of the City of South Bend, Indiana, as follows:
1) That the City of South Bend, by and through its
Board of Public Works, hereby grants to the Northern Indiana
Commuter Transportation District an easement for the placement,
f) installation, construction, and maintenance of railroad tracks,
9 including all equipment and facilities incident thereto, and the
operation of a railway, in, upon, over and under a portion of
Bendix Drive, located in the City of South Bend, St. Joseph
JCounty, State of Indiana, more particularly described as follows:
J NORTHERN INDIANA COMMUTER TRANSPORTATION DISTRICT
J r GRADE CROSSING AT BENDIX DRIVE - SOUTH BEND, INDIANA
J
Key Nos. 25-1023-068101 and 18-2109-4060
T W
A tract of land situated in the Southwest
} Quarter of Section 34, Township 38 North,
J ) T Range 2 East of the Second Principal
' Meridian, St. Joseph County, Indiana.
Beginning at a point that is 345' Northerly
J of the point defined by the West Right of Way
line of the Northern Indiana Commuter
Transportation District (also known as East
c� 1� line of Bendix Avenue) and the intersection
of the East West centerline of Section 34,
,j Township 38 North, Range 2 East;
Thence Northwesterly a distance of 168' along
a line that is concentric with and 20'
Southerly from the center of NICTD's main
track, to a point on the West line of Bendix
Avenue; DULY Ef,14TLI;:L FOP
3L*l'L1;i_', D. CKONE
AUM I C)R
Thence Northerly
Bendix Avenue a
to a point that
concentric with
track;
along aforesaid West
distance of 50' more
is 20' North of and
the center of NICTD's
line of
or less
main
Thence Southeasterly a distance of 168' along
a line that is concentric with and 20'
Northerly from the center of NICTD's main
track, to a point on the West Right of Way
line of the NICTD (also known as the East
line of Bendix Avenue);
Thence Southerly a distance of 50', more or
less, along aforesaid West Right of Way line
of NICTD to the point of beginning.
2) This easement is granted for the sole purpose set
out above. Should NICTD cease the operation of railroad trains
on and over the easement granted herein for a period of five (5)
years, all rights granted herein shall revert to the City of
South Bend.
3) Neither this easement nor any rights and privileges
granted herein are assignable.
Dated this `� day of January, 1994.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
J hn E. LeszczyAsk2, President
f
�- ✓L�
mes Caldwell, Member
enny Pits Manier, Member
ATTEST: /
j.
Sandra M. Parmerlee, Clerk
This Instrument was Prepared by: Mary Hall Mueller, Assistant
City Attorney, 1400 County -City Building, South Bend, IN 46601.
c:easement.bpw