HomeMy WebLinkAboutRelease of Easements - Crowe Chizek Minor Subdivision - HP Blackbird LLCCross Reference(s): Instrument No. 0315444 (Crowe Chizek Minor Subdivision)
Instrument No. 2024-11404 (Crowe Chizek Second Minor Subdivision)
RELEASE OF EASEMENT
WHEREAS, on or about March 13, 2003, Saint Joseph’s Care Group, Inc., Saint
Joseph’s Tower, Inc., Crowe, Chizek & Company, LLP and the United States of America,
Washington D.C. (collectively, “Original Grantor”) recorded in Instrument Number 0315444 in
the Office of the Recorder of St. Jospeh County, Indiana, a minor subdivision of a plat of land
(“Crowe Chizek Minor Subdivision”); and
WHEREAS, pursuant to the Crowe Chizek Minor Subdivision, Original Grantor granted
to the City of South Bend, acting through its Board of Public Works, a variable width public
pedestrian easement on a portion of Lot 1 of the Crowe Chizek Minor Subdivision, as depicted
and described in Exhibit A, attached hereto and incorporated (“Pedestrian Easement”); and
WHEREAS, Lot 1 of the Crowe Chizek Minor Subdivision was later sold to HP
Blackbird, LLC on or about July 6, 2023; and
WHEREAS, HP Blackbird, LLC recorded the Crowe Chizek Second Minor Subdivision
as Instrument Number 2024-11404 in the Office of the Recorder of St. Joseph County, Indiana
(the “Second Minor Subdivision”) dividing Lot 1 of the Crowe Chizek Minor Subdivision into
Lot 1 and Lot 2;
WHEREAS, the Pedestrian Easement is also depicted on what is now Lot 2 of the
Second Minor Subdivision; and
WHEREAS, the City of South Bend, acting through its Board of Public Works
reaffirmed that it is the benefited party pursuant to the grant of the Pedestrian Easement by way
of Resolution No. 9-2025 adopted on February 11, 2025; and
WHEREAS, the Pedestrian Easement is no longer necessary and the City of South Bend,
acting through its Board of Public Works desires to release and terminate any and all rights in
and to the Pedestrian Easement.
NOW, THEREFORE, the City of South Bend hereby releases and terminates any and
all interest or retained easement rights in and to the Pedestrian Easement granted pursuant to
Instrument No. 0315444 and further recognized in the recorded Instrument Number 2024-11404
in the St. Joseph County Recorder’s Office, and all of the rights thereunder with the intent that
this certain Pedestrian Easement may be forever extinguished.
IN WITNESS WHEREOF, the City of South Bend by and through its Board of Public
Works has authorized the undersigned to execute this Release of Easement this 25th day of February, 2025.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
______________________________
Elizabeth Maradik, President
______________________________
Joseph Molnar, Vice President
______________________________
Breana Micou, Member
______________________________
Gary Gilot, Member
______________________________
Murray Miller, Member February 25, 2025
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said County and State, this ____
day of _______________, 2025, personally appeared Elizabeth Maradik, personally known to
me as the President of the South Bend Board of Public Works, the contracting body of the City
of South Bend, and acknowledged the execution of the foregoing Release Of Easement for and
on behalf of the City of South Bend.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal.
(SEAL)
___________________________________
_______________________, Notary Public
Resident of ____________County, ______
My commission expires:
This instrument was prepared by Michael J. Schmidt, Assistant City Attorney, 1200 S. County-City Building, 227 W. Jefferson Blvd., South
Bend, Indiana 46601.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required
by law. Michael J. Schmidt.
EXHIBIT A
Depiction and Description of the Pedestrian Easement
Cross Reference(s): Instrument No. 0315444 (Crowe Chizek Minor Subdivision)
Instrument No. 2024-11404 (Crowe Chizek Second Minor Subdivision)
RELEASE OF EASEMENT
WHEREAS, on or about March 13, 2003, Saint Joseph’s Care Group, Inc., Saint
Joseph’s Tower, Inc., Crowe, Chizek & Company, LLP and the United States of America,
Washington D.C. (collectively, “Original Grantor”) recorded in Instrument Number 0315444 in
the Office of the Recorder of St. Jospeh County, Indiana, a minor subdivision of a plat of land
(“Crowe Chizek Minor Subdivision”); and
WHEREAS, pursuant to the Crowe Chizek Minor Subdivision, Original Grantor granted
to the City of South Bend, acting through its Board of Public Works, a ten (10) foot pedestrian
easement on a portion of Lot 1 of the Crowe Chizek Minor Subdivision, as depicted and
described in Exhibit A, attached hereto and incorporated (“Pedestrian Easement”); and
WHEREAS, Lot 1 of the Crowe Chizek Minor Subdivision was later sold to HP
Blackbird, LLC on or about July 6, 2023; and
WHEREAS, HP Blackbird, LLC recorded the Crowe Chizek Second Minor Subdivision
as Instrument Number 2024-11404 in the Office of the Recorder of St. Joseph County, Indiana
(the “Second Minor Subdivision”) dividing Lot 1 of the Crowe Chizek Minor Subdivision into
Lot 1 and Lot 2;
WHEREAS, the Pedestrian Easement is also depicted on what is now Lot 2 of the
Second Minor Subdivision; and
WHEREAS, the City of South Bend, acting through its Board of Public Works
reaffirmed that it is the benefited party pursuant to the grant of the Pedestrian Easement by way
of Resolution No. 9-2025 adopted on February 11, 2025; and
WHEREAS, the Pedestrian Easement is no longer necessary and the City of South Bend,
acting through its Board of Public Works desires to release and terminate any and all rights in
and to the Pedestrian Easement.
NOW, THEREFORE, the City of South Bend hereby releases and terminates any and
all interest or retained easement rights in and to the Pedestrian Easement granted pursuant to
Instrument No. 0315444 and further recognized in the recorded Instrument Number 2024-11404
in the St. Joseph County Recorder’s Office, and all of the rights thereunder with the intent that
this certain Pedestrian Easement may be forever extinguished.
IN WITNESS WHEREOF, the City of South Bend by and through its Board of Public
Works has authorized the undersigned to execute this Release of Easement this 25th day of February, 2025.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
______________________________
Elizabeth Maradik, President
______________________________
Joseph Molnar, Vice President
______________________________
Breana Micou, Member
______________________________
Gary Gilot, Member
______________________________
Murray Miller, Member February 25, 2025
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said County and State, this ____
day of _______________, 2025, personally appeared Elizabeth Maradik, personally known to
me as the President of the South Bend Board of Public Works, the contracting body of the City
of South Bend, and acknowledged the execution of the foregoing Release Of Easement for and
on behalf of the City of South Bend.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal.
(SEAL)
___________________________________
_______________________, Notary Public
Resident of ____________County, ______
My commission expires:
This instrument was prepared by Michael J. Schmidt, Assistant City Attorney, 1200 S. County-City Building, 227 W. Jefferson Blvd., South
Bend, Indiana 46601.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required
by law. Michael J. Schmidt.
EXHIBIT A
Depiction and Description of the Pedestrian Easement
BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM
Date: 2/18/25
Name: Michael J Schmidt Department of Public Works – Engineering Division
BPW Date: 2/25/25 Phone Extension:
Required Prior to Submittal to Board
BPW Attorney X Attorney Name Michael Schmidt
Dept. Attorney Attorney Name Michael Schmidt
Purchasing Mickey Lovy
Check the Appropriate Item Type – Required for All Submissions
Professional Services Agreement Contract Proposal
Open Market Contract Amendment/Addendum Special Purchase, QPA
Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution
Other: Release of Easement Ease./Encroach
Required Information
Company or Vendor Name HP Blackbird, LLC
New Vendor Yes If Yes, Approved by Purchasing No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No Project Name Release of Easement
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Special Contract Provisions
Purpose/Description Releasing 2 Pedestrian Easements from Crowe Chizek Minor Subdivision
For Change Orders Only
Amount of Increase Decrease ($ )
Previous Amount $
Current Percent of Change:
Increase Decrease
%
( %)
New Amount $
Total Percent of Change:
Increase Decrease
%
( %)
Time Extension Amount:
New Completion Date: