Loading...
HomeMy WebLinkAbout#2651- Deed; RELEASE & GRANT OF EASEMENT Lot 10 & 11 of Coquillard's 1st addition to south bcA o t O i- \ ` a� cob t t�o�k rats c 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CrrY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS February 14, 2001 Mr. Jack Roberts Madison Center 701 North Niles South Bend, Indiana 46601 RE: Grant of Perpetual Easement Agreement Quit Claim Deed and Release of Easement Dear Mr. Roberts: PHONE219/235-9251 FAx 219/235-9171 TDD 219/235-5567 The Board of Public Works, at its September 25, 2000, 2001 meeting, approved the above referred to documents The document was recorded with the St. Joseph County Recorders office on November 2, 2000 and October 4, 2000. Enclosed are copies for your records. Sincerely, 0 , nge . Jac , Clerk Enclosure y1C)044 - E05 1 25 1 RECORDED ON GRANT OF PERPETUAL EASEMENT 0 1'7 : A I TERRI J. RETHLAKE ST. JOSEPH COUNTY This indenture made this i day of September 2000 by and between M S' ®enter, Inc. (hereinafter referred to as "Grantor") and the civil City of South Bend, I�g for ihe�smd benefit of its Board of Park Commissioners/Park Department (hereinafter "Grantee") WITNESSETH: that for One Dollar and No Cents ($1.00) and other good and valuable consideration, receipt of which Grantee hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee and Grantee accepts a perpetual easement in gross of the nature and at the location hereinafter set forth and described for the installation, construction, operation, maintenance, replacement, repair, alteration, removal, modernization, and use of a pedestrian walkway and related facilities, including but not limited to facilities for lighting, together with the right of ingress to and egress from said easement at locations identified by Grantor across Grantor's property for the purpose of installing, constructing, operating, maintaining, adjusting, replacing, repairing, altering, removing, and modernizing said pedestrian walkway and other equipment or facilities incident thereto in, upon, over, and under the following described real estate located in the city of South Bend, St. Joseph County, state of Indiana and described on Exhibit "A" attached hereto and made a part hereof. This easement hereby granted is for the benefit of the Grantee and its assigns, licensees, guests, and invitees to the nature and extent necessary to accomplish the general purpose of the conveyance as expressed herein and expressly includes the right and privilege and obligation at reasonably times and at the Grantee's sole expense to clean and remove from said easement such timber, brush, debris, and other obstructions as maybe interfering with the pedestrian walkway. The purpose for which this easement is granted is to construct and maintain a pedestrian walkway of concrete construction with walkway railings. Grantee shall have the right of ingress and egress over Grantor's real estate at points ining said easement when necessary to install, construct, operate, maintain, identified by Grantor adjo replace, repair, alter, remove, modernize, or use the pedestrian walkway and its appurtenances is work at by prior notification of Grantor. Grantee will promptly restore the area disturbed Yits expense to as near the original condition as is reasonably possible. Grantee hereby indemnifies and inst any and all claims or action, causes of action, or suits brought by holds harmless Grantor aga an one alleging injury or property damage arising from the use of the easement except for claims Y which arise from the intentional acts or gross negligence of Grantor. easement granted herein and its associated benefits and obligations shall constitute hich run with the real estate and shall be binding upon the Grantors and be an obligation .on or entity now or hereinafter having any fee, leasehold or other interest in all or part of said real estate and shall be perpetual in existence. The Grantor hereby covenants with the Grantee that it is lawfully seized and possessed of the real estate herein described and that it has a good and lawful right to convey and that the property is free of all encumbrances that would conflict with the right granted herein. Pursuant to Ind. Code 32-5-2-2(a), the most recent deed of record for the servient parcel is Document 9904232 recorded on January 26, 1999 in the Office of the Recorder of St. Joseph County, Indiana. IN WITNESS WHEREOF, the undersigned Grantor has executed this Grant of Perpetual Easement for a perpetual walkway on the date set forth below. 7ISON CENTER, INC. Ja Roberts, Executive Director ,ram, cr�p P-31 20� t STATE OF INDIANA ) SS A COUNTY OF ST. JOSEPH ) Subscribed and sworn to before me, a Notary Public in and for said County and State, personally appeared Jack Roberts, of MADISON CENTER, INC., who, after having been duly sworn, acknowledged the execution of the foregoing Grant of Perpetual Easement for and on behalf of MADISON CENTER, INC. 1 i�- Witness my hand and Notarial Seal this / 2t- day of September 2000. .,_Notary Public Resident of St. Joseph County, Indiana My Commission Expires: 64v�w Z6VLl -2- EXHIBIT "A" TO GRANT OF PERPETUAL EASEMENT BETWEEN MADISON CENTER INC. AND TIIE CIVIL CIT(OF SOUTH BEND INDIANA LEGAL DESCRIPTION: AN EASEMENT 18 FEET IN WIDTH IN LOT 10 AND IN THE NORTH HALF OF VACATED IIAGERTY STREET IN A. COQUILLARD'S IsT ADDITION TO THE CITY OF SOUTH AS RECORDED IN PLAT BOOK 2, PAGE 46, IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, SAID ADDITION BEING IN SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE 'TOWNSHIP, INDIANA; EASEMENT CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN X-MARK IN CONCRETE BEING THE I-NTERSECTION OF THE SOUTH RIGHT OF LINE OF CORBY BOULEVARD, ALSO, BEING ON THE CENTERLINE OF SAID SECTIO14 2, WITH THE EASTERLY RIGHT OF WAY OF NILES AVENUE, WHICH POINT BEING NORTH 89 DEGREES 39 MINUTES 17 WEST, A DISTANCE OF 421.E FEET (RECORD) FROM THE CENTER OF SAID SECTION; THENCE SOUTH 89 DEGREES 39 MINUTES 17 SECONDS WEST ALONG SAID CENTER OF SECTION, A DISTANCE OF 102.51 FEET TO THE CENTERLINE OF AN ABANDON RAILROAD RIGHT OF WAY; THENCE SOUTH 22 DEGREES 06 MINUTES 34 SECONDS EAST, A DISTANCE OF 125.81 FEET; THENCE SOUTH 18 DEGREES 58 MINUTES 00 SECONDS EAST, A DISTANCE OF 222.00 FEET; THENCE SOUTH 12 DEGREES 54 MINUTES 21 SECONDS EAST, A DISTANCE OF 39.12 FEET TO THE NORTH LINE OF LOT 10 IN SAID A. COQUILLAR'S ADDITION AND THE POINT OF BEGINNING OF SAID EASEMENT 18 FEET IN WIDTH, WHICH POINT, ALSO, BEING NORTH 89 DEGREES 35 MINUTES 19 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 92.57 FEET FROM THE WESTERLY RIGHT OF WAY LINE OF SAID NILES AVENUE; THENCE SOUTH 12 DEGREES 54 MINUTES 21 SECONDS EAST, A DISTANCE OF 124.41 FEPT; THENCE SOUTH 14 DEGREES 31 MINUTES 39 SECONDS EAST, A DISTANCE OF I.16.27 FEET; THENCE SOUTH 16 DEGREES 17 MINUTES 32 SECONDS EAST, A DISTANCE OF 1.55.01 FEET; THENCE SOUTH 6 DEGREES 14 MINUTES 49 SECONDS EAST, A DISTANCE OF 25.01 FEET TO THE CENTERLINE OF SAID VACATED HAGERTY STREET AND THE POINT OF ENDING, WHICH POINT, ALSO, BEING SOUTH 89 DEGREES 33 MINUTES 21 SECONDS WEST ALONG CENTERLINE OF SAID VACATED HAGERTY STREET, A DISTANCE OF 176.72 FEET FROM SAID WESTERLY RIGHT OF WAY OF NILES AVENUE. LINE BEARINGS ARE WITH REFERENCE TO A RECORD BEARING OF NORTH 24 DEGREES 43 MINUTES 32 SECONDS WEST FOR SAID WESTERLY RIGHT OF WAY LINE OF NILES AVENUE. AS DETERMINED BY A LINE FROM THE NORTH LINE OF SAID HAGERTY STREET TO THE CFI4TF.R LINE OF SAID SECTION 2. RECORD IS AS DISCLOSED IN AN AGREEMENT FOR AN EASEFIENT DATED 28T" DAY APRIL, 1988, BY AN BETWEEN JOHN FREIDLINE A14D THE CITY OF SOUTH BEND. THIS EASEMENT DESCRIPTION PREPARED BY ABONMARCE CONSULTANTS, TALC DATE 21TI, OF JULY,2000 THOMAS A. OESTERLINC, L.S. F:\SDSKPROJ\MO912\SII'ESU—L\CASEMFNI'.DOC SBDS02 BRB 205338 _3_ 5 1 2�52 AGREEMENT RECORDED ON 11-02-2000 9:17:42 TERRI ,1. RETHLARE AGREEMENT entered into by and between City of South Bend, Indiana �HROUNNTY Wan through its Board of Public Works "City"REC. FEE: 15.00 ( ty) and Madison Center, Inc., an Igg not fof profit corporation, ("Madison") for and in consideration of their mutual promises, covenants, and agreements hereinafter set forth, the parties agree as follows: 1. Madison is the owner of a parcel of real property located in St. Joseph County more Particularly described on Exhibit "A" attached hereto and made a part hereof which is referred to herein as "Madison Parcel I". City is interested in obtaining an easement across the westerly boundary ofMadison Parcel I which is approximately fifteen (15) fettoeightee(1S)eetinwidh,ef does not require the walkway to be built over the river bank and will be improved by City as a walkway for pedestrians which will connect with a similar walkway across property immediately south of Madison Parcel L Madison agrees to the dedication of this easement and shall execute and deliver to City at Closing a Dedication of Easement in the form which is attached hereto and made a part hereof as Exhibit "B". Madison wiII not charge any fee to City for dedication of this easement. 2. City shall pay all expenses for construction of the walkway across the easement on Madison Parcel I. City shall also pay all of the charges of Schuell Fence Company to move Madison's existing fence, which is located in the area where the walkway will be constructed, prior to City's contractors beginning construction on the walkway and store it in a safe place and also for the same company to reinstall the fence in a location immediately east of the new walkway after walkway construction is completed. City will also replace or pay for the replacement of any landscaping materials, including grass, which are damaged in the course of construction of the walkway and will pay the expense to have Madison's irrigation contractor relocate those portions 4W 4L . -�q of its lawn sprinkling system on Madison Parcel I which must be relocated as part of the construction of the walkway. These items will be completed promptly following the completion of walkway construction. 3. Employees of City and employees of City's contractors may not park their vehicles or store equipment or construction materials on property owned by Madison except by prior agreement with Madison as to exactly where such vehicles may be parked or equipment or materials stored. City, acting through its employees or its contractors, will, at City's expense, erect barriers around the areas where construction is taking place to prevent children and other individuals from entering the construction area and will keep the construction site reasonably clean and neat, cleaning up the site promptly after completion. 4. Madison also owns a parcel of property north of Madison Parcel I which is referred to herein as Madison Parcel II and also holds an easement from City over the parcel of property which is immediately north of Madison Parcel II. Madison agrees to convey to City at Closing Madison Parcel H without any monetary consideration being paid, by executing a deed in the form which is attached hereto as Exhibit "C" and to relinquish and terminate its easement on the property immediately north of Madison Parcel II at Closing, utilizing the form of Termination of Easement which is attached hereto as Exhibit "D". City agrees to maintain Madison Parcel II and the parcel north of that and to erect suitable barriers to keep people from dumping trash and garbage in that area, keeping the area in a neat and clean condition. 5. City agrees to terminate at Closing its easement across Madison Parcel I and Madison Parcel II which was created by a document entitled "Agreement for Easement" between John Freidline and the City of South Bend dated April 28, 1988 and recorded May 2, 1988 in the records -2- ty as Document No. 88106403 by utilizing the form of Termination of Easement which is attached hereto as Exhibit "E' . 6. Madison agrees to leave the gate and its fence along the walkway south of Madison Parcel I opposite vacated Sorin Street, unlocked for emergency exit from the walkway for pedestrians. 7. Each of the above easements and conveyances shall be executed and delivered at the Closing of this transaction. 8. This Agreement embodies all the agreements of the parties as to the subject matter herein contained and binds the successors and interest of the parties hereto. IN WITNESS WHEREOF, the undersigned execute and deliver this Agreement this S day of September, 2000. CITY OF SOUTH BEND MADISON CENTER, INC. B Y Jaciloberts, Executive Director SEP 2 20`3 , Yids instrument was prepared by Bruce R. Bancroft, Attorney -at -Law, Barnes & Thornburg 600 1" Source Bank Center, 100 North Michigan Street, South Bend, Indiana 46601 -3- S13DS02 13RB 2415332v2 EXHIBIT "A" TO AGREEMENT BETWEEN MADISON CENTER, INC. AND 1111: t,l l x yr Ot I I n BEND INDIANA actin b and throe hits Board of Public Works Real Estate in St. Joseph County, in the State of Indiana: Lots Numbered Ten (10) and Eleven (11) of Coquillard's I"Addition to South Bend and the North Half of the vacated Haggerty Street lying South of and adjacent to Lot Numbered Ten (10). SBDS02 BRB 205332v2 -4- Hiorn 6ou I" source dank e:enter, ] 00 N. Michigan Street, South Bend, IN 4 burg �o= 6G01 t76 PAUDITOR'S RECORD MAIL TAX I31LLS TO: Trattsfet' No. Taxing Unit TAX KEY NO: Date /Q QUIT -CLAIM AND RELEASE OF EASEMENT For value received and other consideration, the CITY OF SOUTH BEND, INDIANA, acting by and through its BOARD OF' PARK COMMISSIONERS, the Grantor, QUIT -CLAIMS TO MADISON CENTER, INC., the Grantee, and its successors or assigns, and releases any interest and all rights that Grantor may have had or that may still exist in the real estate being located in the City of South Bend, Indiana, and described as follows: An easement, 20 feet in width, created by a document entitled "Agreement for Easement" between John Freidline and the City of South Bend dated April 28, 1988 and recorded May 2, 1988 in the records of the Recorder of St. Joseph County, Indiana as Document No. 8810640 which covers property in Part of the East Half of the Southwest Quarter of Section 1, Township 37 Nor ", Zaange ast, 2nd P.M., City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at the center of said Section 1; thence West along the east -west centerline of said section, said line also being the south boundary of Corby Street, 421.6 feet, more or less, to the western boundary of Niles Avenue the point of beginning; thence South 24 °43'32" East a distance of 826.93 feet to a point of intersection of the western boundary of Niles Avenue with the north boundary of vacated Hagerty Street; thence South 89"33'21" West a distance of 21.94 feet along the north line of said vacated Hagerty Street; thence North 24°43'32" West a distance of 927.27 feet to a point on the north line of said quarter section; thence South 89°39'17" East a distance of 22.09 feet to the point of beginning. IN WITNESS WHEREOF, the City of South Bend, Indiana, acting by and through its 1poard ofPark Commissioners, has caused this instrument to be executed by its Board Members, this t,�day of 2000, CITY OF SOUTH BEND, INDIANA B Al 1 [/ ATTEST: I-I(�nf I�I�UC`J D ( t Prin Name and Title °Ark �"AM;ss'o.,e2s. rI r rt, � fr seph J DULY FNTERFD [-OR T P,XA T 110V JOScP 1 F. I� AGY All`.71.1_OR +d1F'1:1<<.a t'f'• I��11!?�1';r^i me, the undersigned, a Notaty Public in and for said County and State, personally appeared K o Vi � o the CITY OF SOUTH BEND, INDIANA and acknowledged the execution of the foregoing Quit- i(e of ent nt on the date of its execution as set forth above. Notcny Public t-. 6ro PrinW Name Resident of l ' J d ` `� County, Indiana. u My Commission Expires This instrument prepared by Bruce R. Bancroft, Attorney at Law nan,& Thornburg. 600 Ist Source Bank Center, 100 North Michigan Street, South Bend, Indiana 46601. rs