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Home My WebLink About#2842- Deed; GRANT OF EASEMENT Near Olive Road and Toll RoadGrant of Easement - Lot 2, B.W. Business Park Major - NE and sE Quarters of Sec. 24, Twp. 28 Borth, Range 1 East, Warren Twp. RECORDED ON 12-05-2002 10:19:25 TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC. FEE: 17.00 PACES: 5 GRANT OF EASEMENT THIS GRANT OF EASEMENT is made this Lay of o�t�=►^ , 2002, by JVE Investments LLC ("Grantor") in favor of the City of South Bend, its successors and assigns ("Grantee"). WITNESSETH THAT: WHEREAS, JVE Investments LLC is the owner of certain real estate in St. Joseph County near Olive Road and the Indiana Toll Road, known as Lot 2 of the B.W. Business Park Major Subdivision; and WHEREAS, the City of South Bend desires to widen Olive Road in the vicinity of the Indiana Toll Road; and WHEREAS, JVE Investments LLC, desires to grant right of easement for the purposes described herein, as such a widening would enhance the value of its property. NOW, THEREFORE, for and in consideration for the following agreements and covenants contained herein and other good and valuable consideration given by each party hereto unto the others, the receipt and sufficiency of which consideration is acknowledged, the parties agree as follows: 1. Grant of Easement. Grantor does hereby grant to Grantee, its successors and assigns, an exclusive right, privilege and easement for its roadway, roadway shoulder, and for utilities in the following real estate: A part of Lot 2 in the B.W. Business Park Major Subdivision, a subdivision in the Northeast and Southeast Quarters of Section 24, Township 38 North, Range 1 East, Warren Township, and the West Half of the Northwest and Southwest Fractional Quarters of Section 19, Township 38 North, Range 2 East, German Township, the plat of which is recorded as Instrument No. 0111166 in the Office of the Recorder of St. Joseph County, Indiana, and being that part of the grantor's land lying within the Permanent Easement lines depicted on the attached Right of Way Parcel Plat marked Exhibit "B", described as follows: Commencing at the Northeast corner of said Lot 2; thence South 00 degrees 27 minutes 56 seconds East (South 00 degrees 52 minutes 53 seconds East per said subdivision) 182.97 feet along the East line of said Lot 2 to the point designated "740" on said Exhibit "B" and the Point of Beginning for this description; thence South 00 degrees 27 minutes 56 seconds East (South 00 degrees 52 minutes 53 seconds East per said subdivision) 87.19 feet along the East he of said Lot 2; thence South 07 degrees 19 minutes 27 seconds East (South 07 degrees 44 minutes 24 seconds East per said subdivision) 336.54 feet along the East line of said Lot 2; thence South 00 degrees 28 minutes 53 seconds East (South 00 degrees 53 minutes 50 seconds East per said subdivision) 29.28 feet along the East line of said Lot 2 to the point designated "750" on said Exhibit "B' ; thence South 88 degrees 22 minutes 18 seconds West 16.19 feet to the point designated "751" on said Exhibit "B"; thence North 01 degree 50 minutes 35 seconds West 4.59 feet to the point designated "752" on said Exhibit "B'; thence North 07 degrees 19 minutes 45 seconds West 313.71 feet to the point designated "753" on said Exhibit "B", thence North 14 degrees 36 minutes 17 seconds West 79.28 feet to the point designated "754" on said Exhibit "B' ; thence North 01 degree 45 minutes 51 seconds West 134.00 feet to the point designated "741" on said Exhibit "B'; thence South 18 degrees 08 minutes 39 seconds East 121.70 feet to the Point of Beginning and containing 10019 square feet, more or less. 2. Utilities. As part of this Grant of Easement, Grantor acknowledges that Grantee shall have the right to grant easements for utilities located in the above described real estate. 3. Indemnification. Grantee agrees to indemnify, defend, and hold harmless the Grantor, 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 the easement granted by Grantee under this Grant of Easement. GRANTOR: JVE INVESTMENTS LLC Thomas F. Veldman, President GRANTEE: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary rGilot, President Carl tttreil Done A ST: Angela K,,iacob, Clerk STATE OF INDIANA ) SS: COUNTY OF ST. JOSEPH ) Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared Thomas F. Veldman, President, JVE Investments LLC, and acknowledged the execution of the foregoing Grant of Easement, this -�� day of N 0ye m bee , 2002. • a•; • , My Cam -mission Expires: STATE OF INDIANA )SS-. COUNTY OF ST. JOSEPH ) , u Di-rI4 P CLoaxJ,"') Notary Public Residing in La Ports County Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared Gary Gilot, Carl Littrell, and Don Inks of the City of South Bend, Board of Public Works, and acknowledged the execution of the foregoing Grant of Easement, this day of , 2002. Residing in My Commission Expires: F: DATA%SHARE4-egaAWpdama nodnarU=oafacts Aprecane s Fas=cnLsUVE Invesun=Ls - BW Business FasmLwpd Notary Public County EXHIBIT "B" pwpp'" RIGHT-OF-WAY PARCEL PLAT Prepared For the City of South Bend by iJLZ Indiana, LLC (Job # 0061202900) f� a 72+00 I ' OPIUM 1-80 & 90 INDIANA TOLL ROAD 619.22' APP. A 50' AMOCO PIPELINE EASEMENT 4 N. LINE. S. 1/2, W. 1/2, SEC. 19-38-2 18 41 k-O7> 2' 40�Icjv 04 Q i CURVE DATA PJ. STA 59+99.93 LRIE 'PR -A' ate1 5 e- 07 17 37' RL 7 0 46 - 11200.010.Cr L • Me E • 1.20' so+ao � ki 44 CURVE DATA Pl STA. 57+00.00 Utc. 'PR -A' e R o7 17 37' LL 1 11 43 R . soMOW 1.20' OX BU5INESS PARK 42 MAJOR SUBDIVISION H0. 0111166111186 � INST. LOT 2 51 y Q1 550.03' 55+00 LOT 1 , SHEET I OF 2 0 50 100 200 Scale 1 "= 200' 0 Dimensions shown are from the following listed Record Documents: OWNER: JVE INVESTMENTS LLC Instrument No. 0111166, Recorded 03-16--2001 PARCEL: 27 D.R.612, PG. 01, Dated 12-31--1960 ROAD: OLIVE ROAD Instrument No. 0111625, Dated 03-19-2001 COUNTY: ST. SECTION: 19 JOSEPH ®Hatched Area Shows Fee Toking DRAWN BY: MRT DLZ TOWNSHIP: 38 RANGE: 2 E. N. Hatched Area Shows CHECKED BY: JML _ �= ��` INDIANA, LLC Permanent Easement DATE: AUGUST, 2002 2211 EAST JUTERSON BOULEVARD SOUTH 587E4ND MAV 4a515 EXHIBIT "B" RIGHT-OF-WAY PARCEL PLAT Prepared For the City of South Bend by DLZ Indiana, LLC (Job # 0061202900) PARCEL COORDINATE CHART Point Centerline Station Offset Northh Eastin 18* 203* 204* 'A' 68.07' 105.00' 105.00' 38.81' 2361510.7271 2361626.3786 2361693.8277 2361060.4710 142239.4803 142201.5809 142201.0436 142283.3377 740 741 742 750 'PR --A' 'PR -A' 1 'PR-A 'PR -A' 61+50.00 62+65.92 63+33.37 57+00.00 751 752 753 'PR -A' 'PR -A' 'PR -A' 57+00.00 57+45.00 60+56.00 55.00' 55.00' 83.00' 2361060.0109 2361104.5752 2361415.7251 142267.1501 142265.7161 142225.6961 754 'PR -A' 61+32.00 102.00' 2361492.4427 142205.7058 Note: Stations and Offsets Control Over Both North & East Coordinates and Bearings & Distances. *See Location Control Route Survev Plat. SHEET 2 OF 2 ALIGNMENT COORDINATE CHART Point Station Northing Eastin 140 P.C. 55+79.90 'PR -A' P.O.T. 55+79.90 'A' 2360941.5001 142324.3387 142 P.I. 57+00.00 'PR -A' = P.O.T. 57+00.00 'A' 2361061.6000 142323.3296 143 P.T. 58+20.08 'PR -A' = O.P.O.T. 58+20.01 'A' 4.81' LT. 2361181.5633 142317.5152 144 P.C. 58+79.73 'PR -A' = O.P.O.T. 58+79.61 'A' 7.19' LT. 2361241.1451 142314.6273 146 P.I. 59+99.83 'PR -A' = O.P.O.T. 59+99.62 'A' 12.00' LT. 2361361.1084 142308.8128 147 P.T. 61+19.91 'PR -A' = O.P.O.T. 61+19.73 'A' 12.00' LT. 2361481.2083 142307.8038 148 P.I. 62+64.93 'PR -A' = O.P.I. 62+64.75 'A' 12.00' LT. 2361626.2298 142306.5854 149 P.C. 66+62.26 'PR -A' = O.P.O.T. 66+62.07 'A' 12.00' LT. 12362023.5394Tl42303.4205 SURVEYOR'S STATEMENT To the best of my knowledge and belief, this plat, together with the Location Control Route Survey Plat recorded as Inst. No. 0209728 in the Office of the Recorder of St. Joseph County, Indiana, (incorporated herein and made a part hereof by reference) comprise a Route Survey, executed in accordance with Indiana Administrative Code 865 IAC 1-12, ("Rule 12'). James Michael Lietzan Date Indiana Registered Land Surveyor No. SO475 OWNER: JVE INVESTMENTS LLC PARCELS 27 ROAD: OLIVE ROAD COUNTY: ST. JOSEPH ® Hatched Area Shows SECTION: 19 Fee Taking TOWNSHIP: 38 N. Hatched Area Shows RqPermonent RANGE: 2 E. Easement 5,-4` Ci RAE "I II 11 r IILI�Z /' ,/, Zz FG�ST&RFO No. SO475 STATE OF SUR��``°• ��urrnn mtiu,��` Dimensions shown are from the foilowing listed Record Documents: Instrument No. 0111166, Recorded 03-16-2001 D.R.612, PG. 01, Dated 12-31-1960 Instrument No. 0111625, Dated 03--19-2001 DRAWN BY: MRT �`.• DLZ CHECKED BY: JML `Y _� INDIANA, LLC DATE: AUGUST, 2002 2211 EAST JUTMSON Bouu=vr RD SOUTH BEND 574--238-4400 INDIANA 48615 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 PaoNE 5741235-9251 FAx 574/ 235-9171 TDD 574/ 235-5567 CITY OF SOU I, BEND S-FEPI IPN ] LuEcrCE MAYOa BOARD OF PUBLIC WORKS January 17, 2003 DLZ Indiana, LLC 2211 East Jefferson Boulevard South Bend, Indiana 46615 RE: Grant of Easement by JVE Investments, LLC Deed#2842 Dear DLZ Indiana, LLC: The Board of Public Works, at its December 5, 2 referred to document. The document was recorded with the St. JosephaCot rated the above on December 5, 2002. y Recorder's office Enclosed is a copy for your records. Sincerely, Angela K. Jacob, Clerk Enclosure