HomeMy WebLinkAbout#1691- Deed; EASEMENT AGREMENT Lot H as shown on the Plat of the subdivision of Lot C to River Park, now the City of South Bend, 1900 in Plat book 7, page 74r
L E GAL D E P ARTMEN T
= NT EROF F = C E MEMORANDUM
TO = SANDRA M. PARMERLEE DATE = JULY 24, 1989
CLERK
BOARD OF PUBLIC WORKS
F ROM = JENNY PITTS MANIER�
ASSISTANT CITY ATTORNEY
RE EASEMENT AGREEMENTS; 27TH STREET LIFT STATION
I am attaching the letter I received from James W.
Emans, P.E., of Lawson -Fisher Associates, concerning the
above -referenced agreements.
As you know, on July 24, 1989, the South Bend Board or
Public Works accepted two easement agreements from Mr. David Lesley,
who owns property on which is located the 27th Street Lift Station.
Mr. Emans, with the authority of the South Bend Wastewater Bureau,
negotiated with Mr. David Lesley for the payment of $1,500.00 for the
easements in question.
At this point, although both Mr. Lesley and the Board
have signed the Easement Agreements, the full consideration has not
been paid by the City to Mr. Lesley. Consequently, the Easement
Agreements should not be recorded with the St. Joseph County Recorder
until such time as Mr. Lesley is paid in full. Please keep me
informed as to when the claim for the $1,498.00 in question is
scheduled to be approved by the Board.
Attachment
CC. James W. Emans, P.E.
Project Engineer
Lawson -Fisher Associates
525 West Washington Street
South Bend, IN 46601
Karl R. Kopec, Director
Wastewater Treatment Plant
C:2PARMERLEE
Iq
/�1-�
►WSON-FISHER ASSOCIATES OHNE.FISHER. FE.PE
CONSULTING ENGINEERS
525 WEST WASHINCTON STREET • SOUTH BEND, IND. 46601 PH: (219) 234-3167
FAX: (219) 236-1330
87239.10
July 20, 1989
Mr. David Lesley
16511 Baywood
Granger, IN 46530
Dear Mr. Lesley:
IOIIN A. MIDDLETON, P.E.
ROBERT 1. NOBLE, P.E.
GREGORY L. HOLDEN, P.E.
STEPHEN I. SENCZIK, P.E.
DAMES W. EMANS, P.E.
As we discussed by telephone yesterday, the City has agreed to pay you the total sum of
$1,500.00 for the easments pertaining to Lots H and I as described in the Easement
Agreements. Each Easement Agreement states that you will grant the easement in exchange
for the "sum of One Dollar ($1.00) and other good and valuable consideration....". The
difference of $1,498.00 shall be considered "other good and valuable consideration" in this
transaction.
As I informed you, after these documents are signed by you, in the presence of a Notary
Public, they will be presented to the Board of Public Works and Safety for approval on the
Monday following the signing.
After approval, it may take up to four (4) weeks for you to receive your check. This
should be sent to you by mail by the City of South Bend.
If you have any questions, feel free to contact myself or Ms. Jenny Pitts-Mainer,
Assistant City Attorney.
JWE/s
c: -;� Jenny Pitts-Mainer
Karl Kopec
John Fisher
Very truly yours,
LAWSON-FISHER ASSOCIATES
James W. Emans, P.E.
Project Engineer
J U L 2 q 1989
i-Y - s "..i��
T O =
'4D
RE _
L E GAL D E P ARTMENT
2 NTEROF F 2 C E MEMORANDUM
SANDRA PARMERLEE D AT E = JULY 21, 1989
CLERK, BOARD OF WORKS
JENNY PITTS MANIER
ASSISTANT CITY ATTORNEY
EASEMENT AGREEMENTS
Please place the attached easement agreements on the July 29th
Board of Public Works agenda. The easements are being transferred to
the City in connection with construction work that is taking place at
the 27th Street lift station. At its meeting, the Board will accept
the two easements. Upon payment by the City of the $1500.00
consideration, the easement rights will formally vest in the City.
At that point, you should record the easments with the County
Recorder. You may want to ask Karl. Kopec to keep you posted with
respect to the payment of the $1500.00 consideration.
cc; John Leszczynski
!4 from
The Grantor hereby releases any and all claims for damage,
whatsoever cause, incidental to the exercise of any rights herein
granted.
It is understood and agreed to by the parties hereto, that
wherever in the foregoing instrument the singular number is used,
it will be read as plural, if and when necessary, and that wherever
words of masculine gender are employed, they will likewise apply to
the feminine and neuter gender, whenever the Agreement so requires.
IN WITNESS WHEREOF Grantor and Grantee have executed this
Agreement as of the 2� day of Zuu- , 1989.
GRANTOR: DAVID LESLEY
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, a Notary Public in and for said County and State,
personally appeared David Lesley, who duly acknowledged the
execution of the foregoing Easement Agreement as his free and
voluntary act and deed.
Witness my hand and seal this%, day of
M commission expires:
ATTEST:
ir
J
Ln
o
% 41
_ 1
}, .J
.�
LL
A resident of St. Joseph CM t1-y'>��r ;4
Indiana
GRANTEE: CITY OF SOUTH BEND by"i.
BOARD OF PUBLIC WORKS
E. Leszczv6sLRi/, President
_�" t,,.e 6e_,�-e_ _?f 1�_6,
Patr' is E. DeClerc<
. i'r .. , /� 1.
.1 Katherine
This instrument prepared by Jenny Pitts Manier, Assistant South Bend
City Attorney, 1400 County -City Building, South Bend, Indiana 46601.
ldwd2/bpw-ease
IMM
R D
91