HomeMy WebLinkAbout#2665- Deed; RELEASE OF EASEMENT WATER LINE Realease so final development can be done#a� s
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RELEASE OF EASEMENTS FOR WATER LINES
hi s Release of Easements made the aiO--L day
Of , 2001, by the City of South Bend by and
through its. Boar of Public Works, witnesseth:
Whereas, by Water Line Easements dated the 7th day of July,
1983, and recorded in St. Joseph County, Indiana, by Instrument No.
8312047, grantor, the Sisters of Holy Cross, Inc. did thereby grant
�'ie'gr'antee, the City of South Bend, Indiana, its successors and
assigns:
EASEMENT NO. 1•
AN EASEMENT, 10 FEET IN WIDTH, CREATED BY A DOCUMENT ENTITLED
"EASEMENT AND RIGHT-OF-WAY" BETWEEN THE SISTERS OF HOLY CROSS, INC.
AND THE CIVIL CITY OF SOUTH BEND, INDIANA DATED JULY 7, 1983 IN THE
RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE BY
DOCUMENT NO. 8312047 WHICH EASEMENT IS PART OF THE SOUTHWEST
QUARTER OF SECTION 19, T.37 N., R.3 E., PORTAGE TOWNSHIP, CITY OF
SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, AND WHICH IS DESCRIBED AS:
AN EASEMENT 5 FEET ON EITHER SIDE OF A LINE COMMENCING AT THE
SOUTHWEST CORNER OF SAID SECTION 19; THENCE S. 890-59'-1511 E.,
2027.39 FEET; THENCE N. 000-15'-34" W., 217 FEET TO THE POINT OF
BEGINNING OF THIS DESCRIPTION; THENCE N. 890-59'-15" W., 329.7
FEET; THENCE N. 000-15'-34" W., 36 FEET MORE OR LESS TO THE FACE OF
AN EXISTING BUILDING.
EASEMENT NO. 2•
AN EASEMENT, 10 FEET IN WIDTH, CREATED BY A DOCUMENT ENTITLED
"EASEMENT AND RIGHT-OF-WAY" BETWEEN THE SISTERS OF HOLY CROSS, INC.
AND THE CIVIL CITY OF SOUTH BEND, INDIANA DATED JULY 7, 1983 IN THE
RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE BY
DOCUMENT NO. 8312047 WHICH EASEMENT IS PART OF THE SOUTHWEST
QUARTER OF SECTION 19, T.37 N., R.3 E., PORTAGE TOWNSHIP, CITY OF
SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, AND WHICH IS DESCRIBED AS:
AN EASEMENT 5 FEET ON EITHER SIDE OF A LINE DESCRIBED AS BEGINNING
AT A POINT ON THE NORTH FACE OF AN EXISTING BUILDING, SAID POINT
BEING 434.2 FEET NORTH AND 1559.1 FEET EAST OF THE SOUTHWEST CORNER
OF SAID SECTION 19; THENCE N. 000-07'-08" W., 142 FEET MORE OR LESS
TO THE SOUTH LINE OF ERSKINE MANOR DRIVE.
Whereas, the City of South Bend, Indiana has agreed to
relinquish and release the above -described water line easements.
Now these said Release of easements for Water Lines witnesseth
that, the City of South Bend, Indiana releases said Easements and
their rights thereunder, with the intent that the Easements for
Water Lines may be forever extinguished.
oil
IN WITNESS WHEREOF, the City of South Bena,
through the Board of Public Works has so authorized
to execute tb=selease of Easements for Water Lines
day of LuL , 2001.
ATTEST:
ANGELA K. JACOB, CLERK
Indiana, by and
the undersigned
this -
BOARD OF PUBLIC WORKS
GARY A. GILOT - PRESIDENT
WNALD E. INKS - MEMBER
�M. A-HERINE ROEMER�- MEMBER
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Water Line Easement Release Diagram
Owner: Erskine Manor Hill Development Co. LLC
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MICHAEL J. DANCH, L.A.
RON HARNER, P.S.
DANIEL W. AKIN, P.E., L.S.
Mr. Gary A. Gilot - President
South Bend Board of Public Works
13th Floor County -City Building
South Bend, Indiana 46601
RE: Release of Water Line Easements
for Proposed Erskine Manor Hill
Major Subdivision, South Bend, IN:
Dear Mr. Gilot:
Land Surveyors o Professional Engineers
Landscape Architects . Land Planners
February 19, 2001
On behalf of our clients, Erskine Manor Hill Development Company
LLC, we are requesting the release of two Water Line Easements that
cross the property located on the south side of Erskine Manor Hill
Drive, west of Sullivan Court, South Bend, Indiana. This property
was the original site of the Convent building for the Sisters of
Holy Cross, Inc., a parcel which contains approximately 11.48 acres
of ground.
Our clients are presently in the process of developing a six
lot major subdivision on this parcel of ground, and have just
recently received Primary approval for the subdivision from the
Plat Committee of the Area Plan Commission. The proposed lots are
in excess of 1.5 acres each and access to the lots will be by a
dedicated street to be named Erskine Court. As part of the
development procedure, we are asking that a portion of two existing
Water Line Easements be released, so that the site can be
subdivided as shown on the attached diagram. As part of the final
platting procedure for the subdivision we will provide additional
easements which can be used for the new water lines which will
service this subdivision and use the area located within the
dedicated right-of-way for Erskine Court as well. The two easements
which are being requested to be released, are not needed for this
development, and are not properly placed for the proposed
subdivision. These water line easements originally service the
Sisters of Holy Cross Convent building, which was removed several
years ago.
We would ask the Board Members to approve our release request,
so that we may proceed with the final development plans for Erskine
Manor Hill Major Subdivision.
If you have any questions concerning this matter, please feel free
to give me a call at 234-4003.
Sincerely,
Michael J. Danch - esident
Danch, Harner & Associates, Inc.
File # 000701 Lewp Md Disk # 116
208 West Mars ■ Berrien Springs, MI 49103
2422 Viridian Drive, Suite 201 South Bend, IN 46628 Office 61fif471-3010 ■ Fax 61fi1471-7237
office 219/234-4003 ■ 8001594-4003 ■ Fax 2191234-4119