The URL can be used to link to this page

Home My WebLink About#2488- Deed; RELEASE OF EASEMENT, WATER Northwest corner of lot 1 Hospitality Hub Minor Sub) P-ZAJ W0,04 DFA Vanck, Harner & Aijociatej, Inc. Land Surveyors • Professional Engineers Landscape Architects • Land Planners Office: (57412344003 / (800159440D3 • Fax: (5741234-4119 2422 Viridian Drive, Suite 201 • South Bend, IN 46628 TO: `r( 'Wne'y" WE ARE SENDING YOU ❑ Attached ❑ Shop drawings ❑ Prints ❑ Copy of letter ❑ Change order TRANSMITTAL LETTER DATE: tj fIC ob JOB NO.: OZO ATTENTION: RE: o ev ❑ Under separate cover via ❑ Plans ❑ Samples El COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requ red ❑ � ctuTtid for Correction ❑ For review and comment ❑ ❑ FORBIDS DUE 19 the following items: ❑ Specifications ❑ Resubmit coples For approval' ❑ Submit copl s for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US QQPYIQ -f V-."- . FFR 1 9 2003 1FF11Q-' use .� rye LiHl�t � a t-d DEPT. OF PUBLIC tNORGSs,: r;" 0-F `SOUTH REND STORM SEWER EASEMENT In consideration of the sum of ten ($10.00)---------- Dollars cash in hand paid, receipt whereof is hereby acknowledged, the lifidersigned hereby grant, bargain, convey, transfer, deliver unto the Civil City of South Bend, a permanent easement, for the following purposes namely: The right to enter upon the hereinafter described land to build, maintain, repair, as may be necessary, on, over, and across the ground embraced within the STORM SEWER EASEMENT hereinafter described, and as shown on attached EXHIBIT "A" STORM SEWER EASEMENT, further a permanent easement, including the perpetual right thereupon the real estate hereinafter described, at any time that it may see fit, for the purpose of construction, maintaining and repairing, installing and renewing a storm sewer, whether used in conjunction with general street purposes, or for the sole purpose of constructing, maintaining, installing, repairing, and replacing and/or renewing such sewer for all purposes whatsoever, including but not by way of limitation, drainage structures for storm sewer ground embraced within the storm sewer easement hereinafter described, which is located within the boundaries of a tract or parcel of land situated in the County of St. Joseph, State of Indiana, briefly described as follows: That part of the Northwest Quarter of Section 29, Township 37 North, Range 3 East, Penn Township, City of South Bend, St. Joseph County, Indiana which is described as: A part of Lot # 1 of the Plat of "Ruby Plaza Minor Subdivision" as Recorded by Document No. 0159618 in the Records of the St. Joseph County, Indiana Recorder's Office, and more particularly described as: Beginning at the Southeast corner of said Lot # I; thence along the North line of Ireland Road, S. 89°-57'-24" W., 283.00 feet to the Easterly line of Ironwood Drive; thence along said right-of-way line for the next two (2) courses, N. 480-39'-45" W., 122.53 feet and N. 00°-00'-00" E., 110.12 feet to the North line of said Lot # 1; thence along said North line, N. 90°-00'-00" E., 25.00 feet; thence S. 001-00'- 00" W., 98.82 feet; thence S. 48°-39'45" E., 101.78 feet; thence N. 891-57'-24" E., 273.58 feet to the East line of said Lot # 1; thence S. 00°-00'-00" W., 25.00 feet to the point of beginning. Subject to all legal highways, easements and restrictions of record. To have and to hold the said easement unto the Civil City of South Bend, Indiana, and unto its successors and assigns forever. And the said Grantors hereby covenant with the Civil City of South Bend, Indiana, that they are lawfully seized and possessed of the aforedescribed tract or parcel of land; that they have a good and lawful right to convey said easement; that it is free from all encumbrances; and that they will warrant and forever defend the title in quiet possession thereto against the lawful claims, of all persons whomsoever. STORM SEWER EASEMENT In consideration of the sum of ten ($10.00)---------- Dollars cash in hand paid, receipt whereof is hereby acknowledged, the undersigned hereby grant, bargain, convey, transfer, deliver unto the Civil City of South Bend, a permanent easement, for the following purposes namely: The right to enter upon the hereinafter described land to build, maintain, repair, as may be necessary, on, over, and across the ground embraced within the STORM SEWER EASEMENT hereinafter described, and as shown on attached EXHIBIT "A" STORM SEWER EASEMENT, further a permanent easement, including the perpetual right thereupon the real estate hereinafter described, at any time that it may see fit, for the purpose of construction, maintaining and repairing, installing and renewing a storm sewer, whether used in conjunction with general street purposes, or for the sole purpose of constructing, maintaining, installing, repairing, and replacing and/or renewing such sewer for all purposes whatsoever, including but not by way of limitation, drainage structures for storm sewer ground embraced within the storm sewer easement hereinafter described, which is located within the boundaries of a tract or parcel of land situated in the County of St. Joseph, State of Indiana, briefly described as follows: That part of the Northwest Quarter of Section 29, Township 37 North, Range 3 East, Penn Township, City of South Bend, St. Joseph County, Indiana which is described as: A part of Lot # 1 of the Plat of "Ruby Plaza Minor Subdivision" as Recorded by Document No. 0159618 in the Records of the St. Joseph County, Indiana Recorder's Office, and more particularly described as: Beginning at the Southeast corner of said Lot # 1; thence along the North line of Ireland Road, S. 89°-57'-24" W.., 283.00 feet to the Easterly line of Ironwood Drive; thence along said right-of-way line for the next two (2) courses, N. 480-39'-45" W., 122.53 feet and N. 00°-00'-00" E., 110.12 feet to the North line of said Lot # 1; thence along said North line, N. 90°-00'-00" E., 25.00 feet; thence S. 001-00'- 00" W., 98.82 feet; thence S. 48°-39'-45" E., 101.78 feet; thence N. 89°-57'-24" E., 273.58 feet to the East Iine of said Lot # 1; thence S. 00°-00'-00" W., 25.00 feet to the point of beginning. Subject to all legal highways, easements and restrictions of record. To have and to hold the said easement unto the Civil City of South Bend, Indiana, and unto its successors and assigns forever. And the said Grantors hereby covenant with the Civil City of South Bend, Indiana, that they are lawfully seized and possessed of the aforedescribed tract or parcel of land; that they have a good and lawful right to convey said easement; that it is free from all encumbrances; and that they will warrant and forever defend the title in quiet possession thereto against the lawful claims, of all persons whomsoever. And as a further consideration for the dedication of said easement, above stated, the Grantors hereby release all claims for damage, from whatsoever cause, incidental to the exercise of any of the rights herein granted, except for repair and replacement of any damaged existing utility infrastructure, whether public or private, to the same condition said utility existed prior to said damage, that may service the property adjacent to said easement from the date of this agreement forward. It is understood and agreed 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 neuter gender are employed, they will likewise apply to the masculine gender, whenever the contract requires. Drive & Shine, Inc. Haji Tehrani — President ST. JOSEPH COUNTY) STATE OF INDIANA) SS: Before me, a Notary Public, in and for said County and State, personally appeared Hai Tehran who acknowledged the execution of the above and foregoing instrument and easement as his free and voluntary act and deed this day of July, 2002. My commission expires: Notary Public - , a resident of St. Joseph County Prepared by: ,Attorney. I L' w _z z -' -i z 3 3 n � ti of N Ld N w A z � 3 i O.DO' 90. 0' m �1 M W 1 �30' DRAINAGE EASEMENT No 0 1 o I1 5 a - EXHIBIT." " STORM SEWER EASEMENT LOT #2 S l l o o b o g M,00 &EGES&oROaNAGE E0.5EEM -� � N 90'00 OBE �'15.00 �f A f AC — i 30' INGRE o Q- 25' EILDC. SETBACK LINE in Qf3 - 10' NON -ACCESS EASI]AExT ZE _i '� - 1 IJ SS cc EGRESS & 31 DRAINAGE EASEMENT z U a Lo o a �+ A LOT #1 �¢ B AM 0 30, DRAINAGE EASEMENT �y 3. -I4NE- — 30.00' —1 t--S O. 997-57 24 W, 861.92 — 371.04' _ /L M�iZtiLT E J � N W.00, WEST QUARTER POST U4 �EAST SEC. 29, T. 37 N., R. 3 &WEST QUARTER IINE SE 29, T. 37 N., R. 3 E. FD. CUT CR R LINE 25.00 R/W UNE LOT 25.00' #9A 50.00' 1 1 1 5.00' 150.00, 25.00 r• I; 6 I 5 I 4 Z5 Z2 1 I 0 0 RIT LINE LINE - - 0 100 I 200 aoa SG4E I' . 100' 1 2002 2 18PV Q 300 P. 2 ACCEPTANCE OF PERMANENT EASEMENT This Acceptance of pelmanelit i✓asetnent is made this 22°d day of July, 2002, by the Civil City of South Bend, Indiana (the "City"). For good and valuation consideration, the sufficiency of which is hereby acknowledged, the City agrees: 1. The City acknowledges that it leas been granted an easement to enter upon certain property to access, maintain, and repair a storm sewer pipe located on the western and southern property line of the Ruby Plaza Minor Subdivision ("Minor Subdivision"), which easement is more particularly described in the Minor Subdivision recorded on November 28, 2001 as Instrument No. 0159618 with the St. Joseph County Recorder's office (the "First Easement'). 2. The City acknowledges teat on Jay 15, 2002, Drive & Shine Development, Inc., an Indiana. corporation, as owner of Lots 1 and 2 of the Minor Subdivision 8ranted the City a second easement recorded as Instrument No. with the St. Joseph County Recorder's office (the "Second Easement"), wldch easement more accurately describes the location of the storm sewer pipe on Lot 1 of such Minor Subdivision and details the rights and obligations of tb.e City to access, maintain and repair the stotm seAver pipe in certain easement areas. 3. The City hereby agrees to accept all lights and obligations and to be bound by the tcnn.s of the First Easement and Second Easement, including the responsibility and obligations to access, maintain and repair the storm sewer pipe in certain easement areas located in the Minor Subdivision. IN WITNESS WHEREOF, the Civil City of South Bend executes this Acceptance of Permment Easement on the date first written above. CIVIL CITY OF SOUTH BEND Its: 00 • r T : 3Sd '339 dHdaSof AyKHQH-IS axy7H13H 'r Igaal W LP- T Z00Z-EZ_G@ 9PJSe,E7 Al'VROVED Board p( public Works II � 0.2002 2:10PM NO, 360 P. 3 STATE OF INDIANA } ) SS: COUNTY OF ST. JOSEPH ) Before me, a Notai-y Pubic, inand for said County and State, this�� y of 2002, personally appeared ,l' " � �il}5-uV`Eid �mo`vledged the execution of the foregoing instrument. - n� "�` ` J / t' �- Witness my hand and Notarial Seal. rr Residing My Com*nission Expires: Notary, f� Jlllltj'xrC�12:Tt�'-f - =`: 6— �O This Instru rent Prepared by Richard J. Deahl, Attorney at Law, Barnes & Thornburg SBDS02 PJD 153950v1 aYtq P. 1 x Memory TX Result Report ( Oct.12. 2004 2:15PM ) * z x 1) BRD PUB WORKS & SAFETY 2) BOARD OF PUBLIC WORKS & SAFETY Date/Time: Oct.12. 2004 2:14PM File Page No. Mode Destination Pg(S) Result Not Sent ---------------------------------------------------------------------------------------------------- 1209 Memory TX 82344119 P. 4 OK L) i7i/ apes Past -its Fax Note 7671 Date ort p 9 > - I n To i t From—' CoJDePI• Co. Phone # Phone # Fax # �•4 „ 4 11 c Fax # ---------------------------------------------------------------------------------------------------- Reason for error E. 1) Hang up or line fail E. 2) Busy E. 3) No answer E.4) No facsimile connection E.5) Exceeded max. E—mail size - �1"lA�tlLfL�d�1�vQV TRANSMITTAL LETTER �..Har • —4�1 DATE- tqi o J08Nv_ d To-,1-T noH� THX �� "lei - t �a FVEARE 6ENO1NC3 YOU ❑ Atlaahad ❑ Under sopcffie miar Nx _are IoOvwp peoQ ❑ Shop dr WkW ❑ Pdnre ❑ Puss ❑ &ev o- C1 spea9rstlmu ❑ cow of Wter ❑ Ch-0 ceder 11 THESE ARE TRANSMTrrEA a checind belmr *-- 0 Far. ❑ Apo. e W 13 ammi�sr.a Q N rgk.a ❑ NNE ra mmfta d—m+aW P.1li4El Q FCR ema our_ _w_ IQ, rnwn r¢mmN[o.srar LO]M TO us RFNARI6 rC 7C PlISF.Fl.Gs. G�.— .Mopy To 0FFKAZKj v s BEM qi rLK DhiFL`TOp DEPi.DF RIYLIG yFpgl(S f 7" CITY OF QOtrM RiND ! V