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HomeMy WebLinkAbout#2795- Deed; LETTER AGREEMENT KPNA returns real estate Lot #355 & adjacent plat�k-791 ' EASEMENI�LETTER AGREEMENT Return of Real Estate by KPNA Northwest 1/4 of Section 35, adjacentto Lot 355, plat of Woodlawn Addition - NW corner of Lot 355 along South right of way line of Woodlawn -Southeast parallel with South right-of-way of Riverside Dr. -Northwest along East m " " if " & North line of Lot 355 n . , — , If BOARD OF PUBLIC WORKS AGENDA ITEM REQUEST Spl1TH BE �. All agenda item documents must be in Ol7 inal Format and Sinned Date: .tune 21, 2002 From: Sherece M. Tolbert Department/Phone: 574-235-5843 For Board of Works Meeting (date): July 8, 2002 Type of Agenda Item - (Please Specify Type of Agenda Item) Letter Agreement Purpose: The Keller Park Neighborhood Association gives back to the City of South Bend the easement granted at the properties located at Woodlawn and Portage and Woodlawn at Riverside Dr. Amount of Contract/Agreement/Proposal/Letter Agreement/Amendment: $0.00 Project Number: Funding Source: (i.e., COIT, Sewage Works, LRSA) n/a Total Percent of Increase/Decrease; agenda t.wpd COPY June 20, 2002 Angela K. Jacob, Clerk Board of Public Works 1300 County -City Building South Bend, IN 46601 Dear Ms. Jacob: KD3 1 4 1 4a RECORDED ON 03/07/2003 10:10:23AM T RRI J. REMAKE JOSEPH COUNTY RECORDER REC FEE: 512.00 PAGES: 2 We, the members of the Keller Park Neighborhood Association (KPNA), give back to the City of South Bend, Indiana, by its Board of Public Works, below listed real estate: A part of the Northwest 1/4 of Section 35, Township 38 North, Range 2 East, being adjacent to Lot 355 as show on the recorded plat of Woodlawn Addition to the City of South Bend, St. Joseph County, being known as Tax ID Number 18- 2176-6577, and is described as follows: Beginning at the Northwest corner of said Lot 355 (which is also the intersection of the South right of way line of Woodlawn Blvd. And the South right -of way line of Riverside Drive); thence Northwest along said South right of way line of Woodlawn Blvd extended (and the North line of said Lot 355) 6.0 feet; thence Southeast parallel with the South right of way line of Riverside Drive, 6.0 feet; thence Southeast parallel to the North line of Lot 355, 6.0 feet to said South right of way line of Riverside Drive; thence Northwest along said East right of way line of Riverside Drive (and the North line of Lot 355), 6.0 feet to the place of beginning. Containing 36 square feet, more or less. A part of the Northwest 1/4 of Section 35, Township 38 North, Range 2 East, being adjacent to Lot 2 as shown on the recorded plat of Woodlawn Addition to the City of South Bend, St. Joseph County, being known as Tax ID Number 18- 2172-6377, and described as follows: Begin -ring at the Northwest corner of said Lot 2 (which is also the intersection of the South right of way line of Woodlawn Blvd and the East right of way line of Portage Avenue); thence West along said South right of way line of Woodlawn Blvd extended (and the North Iine of said Lot 2) 6.0 feet; thence South parallel with the East right of way line of Portage Avenue, 6.0 feet; thence East parallel to the North line of Lot 2, 6.0 feet to said East right of way line of Portage Avenue; thence North along said East right of way line of Portage Avenue (and the West line of Lot 2), 6.0 feet to the place of beginning. Containing 36 square feet, more or less. The Keller Park Neighborhood Association would like to thank the City of South Bend, Board of Public )Alorks for granting us the above two properties to place a neighborhood sign on. The KPNA has chosen 2 other spots, thereby giving the City of South Bend back the above listed properties. If you have any questions, you may contact me at 574-233-2000. Thank you. Sincerely, �4a4z)z� Bill Borders President APPROVED Board of Public Works l 04P1 ��� Beginning at the Northwest corner of said Lot 2 (which is also the intersection of the South right of way line of Woodlawn Blvd and the East right of way line of Portage Avenue); thence West along said South right of way line of Woodlawn Blvd extended (and the North line of said Lot 2) 6.0 feet; thence South parallel with the East right of way line of Portage Avenue, 6.0 feet; thence East parallel to the North line of Lot 2, 6.0 feet to said East right of way line of Portage Avenue; thence North along said East right of way line of Portage Avenue (and the West line of Lot 2), 6.0 feet to the place of beginning. Containing 36 square feet, more or less. The Keller Park Neighborhood Association would like to thank the City of South Bend, Board of Public Works for granting us the above two properties to place a neighborhood sign on. The KPNA has chosen 2 other spots, thereby giving the City of South Bend back the above listed properties. If you have any questions, you may contact me at 574-233-2000. Thank you. Sincerely, f1 494e"7-& Bill Borders President tiotary, Expires APPROVED Board of Public Works AGREEMENT FOR THE PURPOSE OF TEMPORARY RIGHT OF ENTRY The undersigned, City of South Bend, Indiana, by its Board of Public Works„ being the owner of the real estate described above, gives the right, privilege and authorityfor the purpose of Temporary Right of Entry to the Keller Park Neighborhood Association , Inc., a not -for -profit corporation, and its contractor for access to said real estate for the following: Purpose of Entry: To install, maintain and remove a sign. . Property Description: A part of the Northwest 1/4 of Section 35, Township 38 North, Range 2 East, being adjacent to Lot 355 as shown on the recorded plat of Woodlawn Addition to the City of South Bend, St. Joseph County, being known as Tax ID Number 18-2176-6577, and is described as follows: Beginning at the Northwest corner of said Lot 355 (which is also the intersection of the South right of way line of Woodlawn Blvd, and the South right of way line of Riverside Drive); thence Northwest along said South right of way line of Woodlawn Blvd extended ( and the North line of said Lot 355) 6.0 feet; thence Southeast parallel with the South right of way line of Riverside Drive, 6.0 feet; thence Southeast parallel to the North line of Lot 355, 6.00 feet to said South right of way line of Riverside Drive; thence Northwest along said East right of way line of Riverside Drive (and the North line of Lot 355), 6.0 feet to the place of beginning. Containing 36 square feet, more or less. Subject to covenants and restrictions of record. Furthermore, in consideration of the improvements being made on said property, the undersigned does hereby agree to jointly and severally release and hold the City of South Bend harmless from all suits, claims or proceedings of any kind as a result of this agreement. This right of entry shall last until and including A ST: ti i - �7- , d ; F Angela' . Jacob, C k OWNER: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary G' t n. Carl ell r ca c� Doh Inks F+ a m m m z v M O ~ B C7 nML m o CD = `0 M. N M G S:V t+7 Mn-3 N 0 r, .A 2 � trs cn Keller Park Neighborhood Association agrees to indemnify, defend, and hold harmless the City of South Bend, its agents and employees, from any claims, suit, cause of action or loss of any kind, including attorney's fees, arising from the use of this temporary right of entry. ARK NEIGHB ORKQOD A=CJATION ��Ie45r STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and Stare, personally appeared ShGrec e `101 faerf -For 8, L i,-de,� of the Keller Park Neighborhood Association, and acknowledged the execution of the foregoing Agreement for the Purpose of Temporary Right of Entry, this i9l day of March, 2002. OA— Mary nri Mye Notary Public Residing in 30sepn County My Commission Expires: F'DATA\SHARE\Isgd\WpdAu%TBoda=%CA==u Agrc=c4u%AV T=p KcIlc Padcwo