HomeMy WebLinkAbout#2713- Deed; RELEASE OF EASEMENT Hartman and Millers AdditionC� S
CA,
1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
CITY of SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF PUBLIC WORKS
GARY A. GILOT, P.E.
DIRECTOR OF PUBLIC WORKS
October 19, 2001
Mr. Theo Medow, Trustee
Eddy Street Land Trust
919 East Jefferson
South Bend, Indiana 46617
RE: Release of Easement
Dear Mr. Medow:
PHONE Z19/235-9251
FAx 219/235-9171
TDD 219/235-5567
The Board of Public Works, at its October 18, 2001 meeting, approved the Release of
Easement for Sanitary Sewer and Water. You will need to record this Release of Easement with the
St. Joseph County Recorder's Office.
A copy is enclosed for your records. Please don't hesitate to call me, if you have questions.
Enclosure
ENGINEERING
C.ARL UTTRELL, P.E.
2191235-9251
Fax 219/235-9171
ENvIRoNMHNrAL SERVICES
JOHN J. DILLON, PH.D.
219/277-8515
FAx 219/277-8980
Sincerely,
Angela . Jacob, Clerk
CENTRAL SERVICES
MATT CHLEBOWSKI
219/235-9316
FAx 219/235-9007
STREETS
SAM HENSLEY
219/235-9244
FAx 219/235-9272
'11" worm, along said projection, a distance of 53 feet to the
Southwest corner of Lot 45 in said Hartman and Millers Addition; thence West, a distance
of 12 feet to the place of beginning
Subject to any other easements, covenants or restrictions of record.
The same being shown graphically on attached "Exhibit A" attached hereto and made a
part hereof.
WATER WORKS
JOHN F. STANCATI
219/235-9322
FAx 219/235-9728
J
RELEASE OF EASEMENT
WHEREAS, on March 21, 2001, the Eddy Street Land Trust (hereinafter referred to as
"Grantor") granted an easement to the City of South Bend, which was approved by the Board
of Public Works of the City of South Bend on March 26, 2001, and recorded in the St. Joseph
County Recorder's office on March 29, 2001, as Instrument No. 0113165, which instrument
gave a right for egress and ingress concerning certain property described as:
Beginning at the Southeast corner of Lot 6 as the same is shown and designated
on the plat of Hartman and Millers Addition to the Town, now City of South
Bend, Indiana, the same being recorded in the office of the Recorder of St.
Joseph County, Indiana; thence South parallel with the East right-of-way line of
Eddy Street, a distance of 25 feet to a point of deflection; thence deflecting
forty-five degrees (45 o) to the right (Southwesterly), a distance of 14.14 feet to
a point of deflection; thence deflecting forty-five degrees (45o) to the right
(Westerly), a distance of 108 feet, more or less to a point on said Easterly right-
of-way line of Eddy Street that is 35 feet South of the Southwest corner of said
Lot 6; thence South along said Easterly right-of-way line, a distance of 18 feet;
thence East, parallel with the South line of said Lot 6, a distance of 130 feet to a
point on the Southerly projection of the East right-of-way line of said Alley;
thence North along said projection, a distance of 53 feet to the Southwest
comer of Lot 45 in said Hartman and Millers Addition; thence West, a distance
of 12 feet to the place of beginning;
WHEREAS, the Grant of Easement was the result of an obligation placed upon
Grantor in connection with a petition to vacate certain alleys, which petition was then
pending before the South Bend Common Council; and
WHEREAS, the matter was not passed by the South Bend Common Council and there
is no longer a need for an easement for egress and ingress.
NOW, THEREFORE, the City of South Bend hereby releases the "Non -Exclusive
Easement for Egress and Ingress" granted to it by the Eddy Street Land Trust and recorded in
the St. Joseph County Recorder's Office as Instrument No. 0113165 and all of the rights
thereunder, with the intent that the Non -Exclusive Easement for Egress and Ingress may be
forever extinguished.
IN WITNESS WHEREOF, the City of South Bend by and through its Bo dqf Public
Works has authorized the undersigned to execute this Release of Easement this ifay of
October, 2001.
CITY OF SOUTH BEND
BOARD OF /JjAT�
PUBLIC WORKS
G�
Gary Gilot
w`-"ay um ui saga AMY; ttzence North, along said projection, a distance of 53 feet to the
Southwest corner of Lot 45 in said Hartman and Millers Addition; thence West, a distance
of 12 feet to the place of beginning.
Subject to any other easements, covenants or restrictions of record.
The same being shown graphically on attached "Exhibit A" attached hereto and made a
part hereof
Car ittrell
C
Donald E. Inks
ATTEST:
'1 ?
Angela . Jacob, CIA
Theo Medow, Trustee for the Eddy Street Land Trust, accepts this Release of Easement this
day of October, 2001.
Theo Medow, Trustee
Eddy Street Land Trust
918 East Jefferson Blvd.
South Bend, IN 46617
F: DATA'SHARECegal\wpdaLa\TBodnwr BPYMs Easmt Eddy Land TmsLwpd
- ----,, 1vuru4 along said projection, a distance of 53 feet to the
Southwest comer of Lot 45 it'said Hartman and Millers Addition; thence West, a distance
of 12 feet to the place of beginning.
Subject to any other easements, covenants or restrictions of record.
The same being shown graphically on attached "Exhibit A" attached hereto and made a
part hereof
INTER -OFFICE MEMORANDUM
DEPARTMENT OF PUBLIC WORKS
DIVISION OF ENGINEERING
TO: Tom Bodnar
FROM: Carl Littrell vl /
SUBJECT: Release of Ingress/Egress Easement
DATE: October 15, 2001
The Board of Public works approved the attached easement for Ingree/Egress at
the March 26, 2001, meeting. At that time, the Eddy Street Land Trust was petitioning for
vacation of four alleys, so Ingress/Egress Easement was created to allow access to City
facilities within that area. The petition for vacation of those alleys has since been
abandoned. Is the Board of Public Works able to release the Ingress/Egress Easement
or does the Common Council need to vacate it?
,-auu A.m V, it ujs[ance oI 1Ju Ieei io a point on ule Nouttierly projection of the East right-
of-way line of said Alley; thence North, along said projection, a distance of 53 feet to the
Southwest corner of Lot 45 in said Hartman and Millers Addition; thence West, a distance
of 12 feet to the place of beginning.
Subject to any other easements, covenants or restrictions of record.
The same being shown graphically on attached "Exhibit All attached hereto and made a
part hereof.
b
Ql1 13165
NON-EXCLUSIVE EASEMENT
for
EGRESS AND INGRESS
RECORDED ON
03-29-2001 10:05:02
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC. FEE: 13.00
PAGES: 3
This non-exchisive Easement Agreement is made by and between Eddy Street Land
Trust (hereinafter refered to as Grantor) and the Board of Public Works of the City of
South Bend, Indiana (hereinafter refered to as Grantee) and is entered into this 21'W
day of A��, 2001.
WHEREAS, Grantor is the owner or contingent purchaser of the following described
real estate:
Lots One (1) through Five (5) inclusive along and together with Lots
Forty -Six (46) through Forty -Nine (49) inclusive, all as the same are shown
and designated on the plat of Hartman and Millers Addition to the Town,
now City of South Bend, Indiana, the same being recorded in the office of
the Recorder of St. Joseph county, Indiana.
WHEREAS, Grantor has filed a petition to vacate alleys adjacent to, and within the
limits of property owned or controlled by Grantor which petition is to be considered at
public hearing before the South Bend City Council. And
WHEREAS, Grantor is obliged to prepare, submit and have recorded an easement for
the purposes of egress and ingress along, over and across Grantor's property which
easement would provide for continuous and uninterrupted access to the remainder of the
alley which will remain after the vacation process has been completed.
NOW THEREFORE, Eddy Street Land Trust,
, (Grantor), its successors and assigns,
y grants an easement for egress and ingress to the Board of Public Works of the
City of South Bend, Indiana (Grantee), its successors and assigns, along, over and
across a parcel of land being more particularly described as beginning at the Southeast
corner of Lot 6 as the same is shown and designated on the plat of Hartman and Millers
Addition to the Town, now City of South Bend, Indiana, the same being recorded in the
office of the Recorder of St. Joseph county, Indiana; thence South, parallel with the East
right-of-way line of Eddy Street, a distance of 25 feet to a point of deflection; thence
deflecting forty-five degrees (45°) to the right (Southwesterly), a distance of 14.14 feet to
a point of deflection; thence deflecting forty-five degrees (45°) to the right (Westerly), a
distance of 108 feet, more or less to a point on said Easterly right-of-way line of Eddy
Street that is 35 feet South of the Southwest corner of said Lot 6; thence South along said
Easterly right-of-way line, a distance of 18 feet; thence East, parallel with the South line of
said Lot 6, a distance of 130 feet to a point on the Southerly projection of the East right-
of-way line of said Alley; thence North, along said projection, a distance of 53 feet to the
Southwest corner of Lot 45 in said Hartman and Millers Addition; thence West, a distance
of 12 feet to the place of beginning.
Subject to any other easements, covenants or restrictions of record.
The same being shown graphically on attached "Exhibit A" attached hereto and made a
Part hereof.
Theo Medow, Trustee
Eddy Street Land Trust
918 E. Jefferson Blvd.
South Bend, In. 46617
State of Indiana
SS:
County of St. Joseph
Before me, the undersigned notary public, in and for said county and state, personally
appeared Theo Medow as trustee of the Eddy Street Land Trust and acknowledged the
execution of the foregoing instrument as her voluntary act and deed for and on behalf of
said Land Trust for the uses and purposes therein set forth_
Witness my hand and Notorial Seal this 'IT
&I — day of >�G1A 2001.
Y
Notary He
. SEAL .
Notary is a resident of St. Joseph Co , In
My commission expiresday of 00
-
,'AV
bIAN
pied the Board of Public Works of the City of South Bend this 6 fly of
Gary Gilot, Member
M. atherine Roemer, Mern
Donald E. Inks, Member
Theo Medow, Trustee
Eddy Street Land Trust
918 E. Jefferson Blvd,
South Bend, In. 46617
State of Indiana
6SII
County of St. Joseph
Before me, the undersigned notary public, in and for said county and state, personally
appeared 'Theo Medow as trustee ofthe Eddy Street Land Trust and acknowledged the
execution of the foregoing instrurnent as her voluntary act and deed for and on behalf of
said Land Trust for the uses and purposes therein set forth.
Witness my hand and Notorial Seal this ZJ fT day of itGa 2001.
Ft Y p
Notary blic = n
SEAL
Notary is a resident of St. Co �7t
My commission expire day of Q� = •.,•
/ •...•• Q' ��
ed the Board of Public Works of the City of South Bend this 6'I y of
Gary Gilot, Member
M. atherine Roemer, Mem
Donald E. Inks, Member
"EXHIBIT A"
98 -3699
443469 9
-37 i I t
I 8
8-510 / -
3700.01 -3471
N ,,,...,.. 1 -3473 7
100 I I
-3701
-3475 6 _
1
HOWARD STREET I 00
-
130
-3477.01
107 1 -34B1 3
I �[
I to I
-3482 2.
_ 42 -3470 J
,
w -3507
I �—
43 -3472 1 I N 1 55 -"3517
J 44 -3474 I Q 54 -3518\
45 -3476 a I 8 5f?9
1 Ca l
46 -3478
'*"�INGRESS-EGR,
EASEMENT 1
47 -3480
co
co
co I
501
523
I 1 51 N
� t�
IfLO�
I
HOwARD STREET
108 I 49-3740
VACATED ALLEY 48 i
18-510
�109 I I -34837
1 i'L�
5
4/
\ \ I VZ e2 /
........ ........... .........i i 15 ' ��t.� n
M 1 Mi
"�' t � 9
7
1 2 �� 1 6
/ ' 4 CORBY BOULEVARD
I%
C
M
12
ALLEY VACATIONS
EDDY STREET LAND TRUST
ALLEY VACATION
A parcel of land being a part of the Northwest Quarter of Section 6,
Township 37 North, Range 3 East, City of South Bend, Portage Township,
St. Joseph County, Indiana and being more particularly described as a
North -South alley, 12 feet in width, extendin from the Northerly right-of-
way line of South Bend Avenue (State Rood M) to the South right-of-
way line of a 12 foot wide East-West alley lying North of and contiguous
with Lots 5 and 46 in the plat of Hartman and Miller's Addition as the
some is shown in the office of the Recorder of St. Joseph County, Indiana
ALONG AND TOGETHER WITH an East-West alley, 10 feet in width,
extending from the East right-of-way line of Eddy Street to the West right-
of-way line of a 12 foot wide North -South alley lying East of and
contiguous with Lots 1 through 5, inclusive in said plat of Hartman and
Millers Addition to the City of South Bend ALONG AND TOGETHER
WITH an East-West alley, 10 feet in width, extending from the West line of
Lots 47 and 48 in said plat of Hartman and Miller's Addition to the West
right-of-way line of Georgiana Street in said plat of Hartman and Miller's
Addition to the City of South Bend ALONG AND TOGETHER WITH the
2nd East-West alley lying North of South Bend Avenue (State Road 23)
12 feet in width, extending from the East right-of-way line of Eddy Street
to the West right-of-way line of Georgians Street in said plat of Hartman
and Miller's Addition to the City of South Bend.
Subject to any easements, covenants or restrictions of record.
EDDY STREET LAND TRUST
918 E. Jefferson Blvd.
South Bend, IN 46617
OCT -1 0 2001
CITY OP S.0€ F L4 E-%'D
DIV. Or ENC_'JEERI11110_
September 22, 2001
Ang la acob
Dept. f Public Works
131 unty-City Bldg.
South Bend, IN 46601
Re: Non -Exclusive Easement for Egress and Ingress
Dear Ms. Jacob:
As the alley vacations were not granted by the City for the property owned by the
Land Trust, I request you release the Easement Agreement between the City and the Land
Trust dated March 21, 2001. Thank you.
Sincerely,
Eddy Street Land Trust
Theo Medow, Trustee
SECOND REQUEST — OCTOBER 9, 2001