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HomeMy WebLinkAbout#2433- Deed; GRANT OF EASEMENT Install Garbage Dumpster Enclosure in Derue Ct.I Grat of Easement Lot #43 DeRue Court south Bend, Indiana 46601 Redevelopment Commission 2433 4 INSTALLATION OF GARBAGE DUMPSTER ENCLOSURE IN DERUE COURT ENCROACHMENT OF PUBLIC RIGHT-OF-WAY THIS GRANT OF EASEMENT made this l day of 71999, by the City of South Bend, Indiana, through its Board of Public rks (Grantor), in favor of the South Bend Redevelopment Commission, its successors and assigns (Grantee). WITNESSETH THAT: WHEREAS, the South Bend Redevelopment Commission owns certain real estate located at DeRue Court in the City of South Bend, Indiana; and WHEREAS, the installation of a garbage dumpster enclosure will encroach the public right- of-way; and WHEREAS, the Board of Public Works desires to grant rights of easement for the purposes described herein, inasmuch as it presently appears such encroachment and grant of easement will not interfere with the free and safe flow of traffic on such public way. NOW, THEREFORE, for and in consideration of the foregoing, of the agreements and covenants herein contained and other good and valuable consideration given by each party hereto unto the others, the receipt of sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easement. The Board of Public Works of the City of South Bend does hereby grant to the South Bend Redevelopment Commission, its successors and assigns, an exclusive right, privilege and easement for a garbage dumpster enclosure in the City of South Bend, Indiana, on the property located on DeRue Court, more particularly described as follows: Commencing at the southeast corner of a building on lot 43, South Bend (Original Town); thence 17.4 feet south along the east building line to the point of beginning; thence continuing south 18 feet along the east line; thence 8 feet, 90 degrees east; thence north 18 feet parallel to the east building line; thence west 8 feet to the east building line to the point of beginning. 2 . The Board of Public Works reserves the right to revoke this easement at any time should it determine the dumpster presents a safety hazard to the public, the full use of the right-of-way at this location is required, or the dumpster becomes an eye -sore. If the Board of Public Works so detennines, it may take action to revoke this easement at any regularly scheduled Board meeting, and such easement shall thereafter be vacated. 3. Indemnification. The South Bend Redevelopment Commission agrees to indemnify, defend and hold harmless the City of South Bend, Indiana, its agents and employees, from any claim, suit, cause of action or loss of any kind, including attorney's fees, arising from the use of the public right-of-way by Grantee as permitted by this Grant of Easement. GRANTEE: CITY OF SOUTH BEND REDEVELOPMENT COMMISSION Robert W. Hunt, President Eugenia S. Schwartz, Secretary GRANTOR: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Lewis N. Powell J es R. Ca well therine Roemer A E . Angela K. a ob, Clerk STATE OF INDIANA ) SS: ST. JOSEPH COUNTY } Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared Lewis N. Powell, Jaines Caldwell and M. Catherine Roemer, personally known by me to be members of the Board of Public Works of the City of South Bend, Indiana, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this L--day of , 1999. Nota Public A resident of St. Joseph County, 1N My Commission Expires'. )rO r © e STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared Robert W. Hunt and Eugenia S. Schwartz, personally known by me to be the President and Secretary of the Redevelopment Commission of South Bend, Indiana, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. W ITNESS my hand and Notarial Seal this day of , 1999. , Notary Public A resident of St. Joseph County, N My Commission Expires: This instrument was prepared by Michelle L. Engel, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. 'o�� 2 ( CA&-'t'41 7 p&� �--faq53 0002230 Grant of Ea sement INSTALLATION OF GARBAGE DUMPSTER ENCLOSURE IN DERUE COURT ENCROACHMENT OF PUBLIC RIGHT-OF-WAY THIS GRANT OF EASEMENT made this c q-1`aY of DfC , 1999, by the City of South Bend, Indiana, through its Board of Public Works (Grantor), in favor of South Bend Associates LP, its successors and assigns (Grantee). WITNESSETH THAT: WHEREAS, the South Bend Associates LP, owns certain real estate located at DeRue Court in the City of South Bend, Indiana; and WHEREAS, the installation of a garbage dumpster enclosure will encroach the public right-of-way; and WHEREAS, the Board of Public Works desires to grant rights of easement for the purposes described herein, inasmuch as it presently appears such encroachment and grant of easement will not interfere with the free and safe flow of traffic on such public way. NOW, THEREFORE, for and in consideration of the foregoing, of the agreements and covenants herein contained and other good and valuable consideration given by each party hereto unto other, the receipt of sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easement. The Board of Public Works of the City of South Bend does hereby grant to South Bend Associates LP, its successors and assigns, an exclusive right, privilege and easement for a garbage dumpster enclosure in the City of South Bend, Indiana, on the property located on DeRue Court, more particularly described as follows: THAT PART OF THE WEST %2 OF THE NORTHWEST `/4 OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF LOT 42 IN THE ORIGINAL TOWN OF SOUTH BEND, AS RECORDED IN BOOK 1, PAGE 2, IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER; THENCE NORTH 00' 00' 00" WEST ALONG THE EAST PROPERTY LINE OF SAID LOT 19.00 FEET; THENCE SOUTH 90° 00' 00" EAST 8.00 FEET; THENCE SOUTH 00" 00' 00" EAST AND PARALLEL TO THE EAST PROPERTY LINE OF SAID LOT 19.00 FEET; THENCE NORTH 90' 00' 00" WEST 8.00 FEET TO THE PLACE OF BEGINNING. '; CD O _ C0 2. Easement Revocable by Board. The Board of Public Works reserves the right to revoke this easement at any time should it determine the dumpster presents a safety hazard to the public, the hill use of the right-of-way at this location is required, or if the dumpster becomes an eye -sore. If the Board of Public Works so determines, it may take action to revoke this easement at any regularly scheduled Board meeting, and such easement shall thereafter be vacated. 3. Indemnification. South Bend Associates LP agrees to indemnify, defend and hold harmless the City of South Bend, Indiana, its agents and employees, from any claim, suit, cause of action or loss of any kind, including attorney's fees, arising from the use of the public right-of- way by Grantee as permitted by this Grant of Easement. GRANTEE: SOUTH BEND ASSOCIATES LP GRANTOR: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS J. Ba is, General Partner Lewis N. Powell Ames R. C713well M. at Brine Roemer STATE OF INDIANA ) SS: ST. JOSEPH COUNTY } Before me, the undersigned, a Notary Public in and for St. Joseph County, Indipna,.. personally appeared Lewis N. Powell, James Caldwell and M. Catherine Roemer, known by me to be members of the Board of Public Works of the City of Southi%Io; and acknowledged the execution of this Grant of Easement as their voluntaryy /a WITNESS my hand and Notarial Seal this day of No Notary Public A resident of St. Joseph County, IN My Commission Expires: STATE OF SS: COUNTY ) Before me, the undersigned, a Notary Public in and for personally appeared Richard J. Barris, known by me to be a General Partner and acknowl t the execution of this Grant of Easement as their voluntary act or deed. s; WITNESS my hand and Notarial Seal this �'�-" day of 1999. r Notary Public .,,,�„`• '' A resident of My Commission Expires: IISATHF3 B^1,�CZIAI< Notary Public, state of CIS�n��W 'Ay GOMM! lion Expl7res Dec. ^0; 2001 1200 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PHONE 219/235.9371 FAx 219/235-9021 TDD 219/ 235-5567 COMMUNITY & ECONOMIC DEVELOPMENT April23, 1999 JON R. HUNT ANN E. KOLATA EXECUTIVE DIRECTOR DEPUTY EXECUTIVE DIREWITIZOVED Board Of Public Works Board of Public Works 1300 County -City Building South Bend, IN MAY 2 4 1999 46601 Members of the Board of Public Works: This letter is a request for a license to encroach into the public right of way for purposes of erecting a garbage dumpster enclosure in the DeRue Court. The South Bend Redevelopment Commission, is the owner of the properties abutting the proposed encroachment, and 1 have been authorized by them to make this request (see attached information). The structure is being erected in order to provide an attractive method of storing garbage within the Court for both the Osco Drug Mart and the Gridiron Row Building. With the completion of the restoration of the former Center City Associates (Gridiron Row) building, provisions were not made for the storage of waste generated by the tenants. In addition, the storing of garbage within the Osco Drug Mart has been very inconvenient for the tenant. Allowing the tenants to store garbage within the right of way, within an appropriate structure, has been identified as the most practical solution Attached are a legal description of the easement required along with a diagram which illustrates the approximate location of the proposed structure, and a plan of the proposed structure for your review. Thank you for your consideration, Michael Giulioni Downtown Project Manager :a:a11{yam 4 L",C.{„ ! h ( F` >i. REDEVELOPMENT BUSINESS ASSISTANCE FINANCIAL & PROGRAM ANN E. KOLATA & DEVELOPMENT MANAGEMENT 219/235-9371 DONALD E. INKS ELIzAam LEONARD 219/235-9335 219/235-9335 BUREAU OF HOUSING KATHRYN BAUMGARTNER 521 ECLIPSE PLACE 219/235.9475 FAX: 219/235-9469 PLANNING & r EIGHB OD DEVELOPMENT PANSELA C. MEYER 219/235-9660 FAX: 219/235-9697 LEGAL DESCRIPTION EASEMENT FOR DUMPSTER ENCLOSURE IN DeRUE CT. W,1/2 N,W.1/4 SECTION 12 T-37 R.2E. Commencing at the south/east corner of a building on lot 43, South Bend(Original Town); thence 17.4 feet south along the east building line to the point of beginning; thence continuing south 18 feet along the east building line; thence 8 feet, 90 degrees east; thence north 18 feet parallel to the east building line; thence west 8 feet to the east building line to the point of begimung. f-- ', •r. � fir; :4 �r F � �� � �.,� 1200 COUNTY -CITY BUILDING SOUTH &ND, INDIANA 46601-1830 CITY OF SOUTtI BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JON R. HUNT Arta E. KOLATA EXECUTIVE DIRECTOR DEPUTY EXECUTIVE DIRECTOR April 22, 1999 South Bend Redevelopment Commission 1200 County -City Building South Bend, IN 46601 Dear Commission Members: PHONE 219/235-9371 FAx 219/235-9021 TDD 219/ 235-5567 This letter is a request for your authorization to ao before the City Of South Bend Board of Public Works Zn to request a licence of encroachment into the public right of way. The licence is intended for purposes of erecting a 'garbage screen' for the businesses which reside in the properties owned by the Redevelopment Commission (Osco Drug Mart, The Gridiron Row Building). Diagrams A and B outline the proposed structure and its location. Thank you Michael Giulioni Downtown Project Manager `PPP 0 1 �/ � /J tom✓ .`�� �� REDEVELOPMENT BUSINESS ASSISTANCE FINANCIAL & PROGRAM ANN E. KOLATA & DEVELOPMENT MANAGEMENT 219/235-9371 DONALD E. INKS ELIZABETH LEONARD 219/235-9335 219/235-9335 BUREAU OF HOUSING KA,rHRYN BAUMGARTNER 521 ECLIPSE PL-.CE 219/235-9475 FAX: 219/235-9469 PLANNING & NEIGHBORHOOD DEVELOPMENT PAMELA C. MEYER 219/2 3 5-9660 FAx: 219/235-9697 College Football Hall of Fame Gridiron Row Building Osco Dnig NbA Parking Garage Diagram B: Proposed Location Garbage Screen Location BOARD OF PUBLIC WORKS INTER -OFFICE MEMORANDUM TO: marry Spradlin, Division of Engineering Chief Luther Taylor, Fire Department Michelle Engel, Assistant City Attorney Don Fozo, Building Department FROM: Angela K. Jacob, Clerk RE: Request to Encroach onto Public Right of Way DATE: April 26, 1999 The Board of Public Works has received the following. I would appreciate your reviewing this matter and providing to the Board a recommendation no later than May 5, 1999. You may fax your response tome at 235-9171. Thank you. REQUEST: Installation of garbage dumpster DeRue Court LOCATION: See Attached CONTACT PERSON: Michael Giulioni Community & Economic Development RECOMMENDATIONS AND COMMENTS: 72;�iS Aew��'Z) I-'- DATE: Attachment 04/28/99 WED 01:15 FAX 2192359305 SOLD BEND FIRE Z001 BOARD OF PVRLlrWORKS INTER-OI+I+ICE MEMORANDUM TO: Larry Spradlin, Division of Engineering Luther Taylor, Fire Department Michelle Engel, Assistant City Attorney Don Fozo, Building Department FROM: Angela K. Jacob, Clerk RE: Request to Encroach onto Public Right of Way DATE: April 26, 1999 The Board of Public Works has received the following. I would appreciate your reviewing this nsatter and providing to the Board a recommendation no later than May 5, 1999. You may fax your response tome at 235-9171, Thank you. REQUEST: Installation of garbage dumpster DeRue Court LOCATION: See Attached CONTACT PERSON: Nrichael Giulioni Community & Economic Development 417 RECO1VIl1fEN7DATIONS AND COMMENTS: DATE: y -"� S-- � 9 Attachment BOARD OF PUBLIC WORKS INTER -OFFICE MEMORANDUM TO: Larry Spradlin, Division of Engineering Chief Luther Taylor, Fire Department � Michelle Engel, Assistant City Attorney L- r n FOzo, Building Department FROM: Angela K. Jacob, Clerk RE: Request to Encroach onto Public Right of Way DATE: April 26, 1999 ;,rr0f�1 c, 1 AY 17I Sown Div. of ��% Ef]�rfidAfrfi�' The Board of Public Works has received the following. I would appreciate your reviewing this matter and providing to the Board a recommendation no later than May 5, 1999. You may fax your response to me at 235-9171. Thank you. REQUEST: Installation of garbage dumpster DeRue Court LOCATION: See Attached CONTACT PERSON: Michael Giulioni Community & Economic Development RECOMMENDATIONS AND COMMENTS: AFTER REVIEWING THE DOCUMENTATION PROVIDED OUR OFFICE, WE HAVE NO OBJECTIONS TO THIS REQUEST. BY: DATE: 5/14/99 Attachment pRA,RIESTW "THE VINE" IIO�6OII 51L1 KOC,K GAP ALTERNATE: 3'x Wx 12' L6. PRAIRIE 5i0NE in 9'-0' L6 GATE P05T NV GAP ( PAINTED) P05T TO BE 6'-0' A.F.6. t 12' PIA, x 36' DEEP _ 1 GONG P05T FT6. f 4' FACE BRiGK < f PAINT TO MATGN NORTH ELEVATION NCR7H ELEVA710N ',GALE: 1/4' = 1'-0' EA 5 1 EL Y A! 1 o Pq f i I ! 4coW EL PAJM TO MATCH j �" Ti I EL E VA T10N 1 F- vRle srcj�c 5/LL L;Lc�.K GAp FNA TE: 'K 12'L6. !E STOW S ION 1105c,p11 "THE VINE" EAS-r TIO 5GP,LE: 1/4' 1105G011 SECTION 5C,K_F. 1140 = V-4• "THE VINE" �QI o " z d� Q� w > • Ift "05coll ..>EGTION SCALE. 1/4' = 1'-O' ]L DTRAS"DaMMF--:lTUR TRA511 DWPSTER IIO,JL/O'� W MASOWy WTER EWSLO5TL. 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