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Home My WebLink About#2847a- Deed; QUIT-CLAIM DEED 35 ft. E & W east side of lot 42 now South Benda�y�k '" �3/ai /va zBQ7 4 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1630 CITY OF SOUTH BEND STEPHEN J. LuECKE, MAYOR BOARD OF PUBLIC WORKS February 26, 2003 Danch, Harrier & Associates, Inc. 2422 Viridian Drive, Suite 201 South Bend, Indiana 46628 RE: Release of Easements for Water Lines Dear Gentlemen: PHONE5741235-9251 FAx 574/235-9171 TDD 574/ 235-5567 The St. Joseph County Recorder's Office has recorded the Release of Easements for Water Lines for the enclosed parcel of property. A copy is enclosed for your records. Sincerely, Ld9 AnGela KuJacob, Cl k Enclosure 1316 COUNTY -CITY BUILDING 2.27 W. JEFF@.RSON 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 February 14, 2003 Ms. Pam Horvath Danch, Harrier & Associates 2422 Viridian Drive, Suite 201 South Bend, Indiana 46628 RE: Release of Easement for Water Lines Deed#2847 Dear Ms. Horvath: PHONE 574/ 235-9251 FAx 574/235-9171 TDD 574/ 235-5567 The Board of Public Works, at its March 21, 2002 meeting, approved the above referred to document. The document was recorded with the St. Joseph County Recorder's office on March 22, 2002. Enclosed is a copy for your records. Sincerely, ��v l Angela K. Jacob, Clerk Enclosure ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES CART. LMRELL, P.E. JoxN J. DILLON, PH.D. MATT CHLEBOWSKI 574/235-9251 574/277-8515 5741235-9316 FAX 574/235-9171 FAx 574/277-8980 FAx 5741235-9007 STREETS SAKI HENsIEY 574/235-9244 FAx 574/235-9272 WATER WORKS JOHN F. STANCAn 574/235-9322 FAX 5741235-9728 INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Angela K. Jacob , FROM: Carl P. Littrell, P.E. SUBJECT: Hospitality Hub (SR 933 North) Easements DATE: March 12, 2002 I have reviewed Danch, Harner's request on behalf of U.S. Lodging of Jacksonville, LLP and I recommend that the existing easements be released and the new easements be dedicated as shown. The Water Works concurs in this recommendation. MAR � c: Ed Herman Tony Molnar RELEASE OF EASEMENTS FOR WATER LINES This Release of Easements made the � 1 � day of `�iv�OL ti-e�� 2002, by the City of South Bend by and through its Board of Public Works, witnesseth: Whereas, by Water Line Easements dated the 16`h day of November, 1999, and recorded in St. Joseph County, Indiana, by Instrument No. 9958261, grantor, U.S.Lodging of Jacksonville L.P. did thereby grant IN PART to grantee, the City of South Bend, Indiana, its successors and assigns: COMMENCING AT THE NORTHWEST CORNER OF LOT 1, HOSPITALITY HUB MINOR SUBDIVISION AS RECORDED IN DOCUMENT NO. 9914365, ST. JOSEPH COUNTY RECORDER: THENCE S. 00010'53" E. ALONG THE WEST LINE OF SAID LOT, 230.42 FEET TO THE POINT OF BEGINNING; THENCE S. 00°10'53" E. ALONG SAID WEST LINE 20.00 FEET: THENCE N. 89049'07" E., 60.53 FEET; THENCE N. 00° 10'53" W., 153.45 FEET; THENCE S. 89°49'07" W. 20.00 FEET; THENCE S. 00010'53" E. 133.45 FEET; THENCE S. 89°49'07" W. 40.53 FEET TO THE POINT OF BEGINNING. Whereas, the City of South Bend, Indiana has agreed to relinquish and release the above -described water line easement. Now these said Release of Easements for Water Lines witnesseth that, the City of South Bend, Indiana releases said Easement and their rights thereunder, with the intent that the Easement for Water Lines may be forever extinguished. L7n yLyTJ N N : M 00W h�7x tv li) ED z a ;A. -3M m N vo IN WITNESS WHEREOF, the City of South Bend, Indiana, by and through the Board of Public Works has so authorized the undersigned to execute this Release of Easements for Water Lines this - day of , 2002. =.�'_,•`'>.. � �-'tip ;( -�� On ATTEST: ANGELA Ki JACOB, CLER BOARD OF PUBLIC WORKS GARY A. GILOT, PE - PRESIDEDIT DONALD E. INKS - MEMBER Carl P. Littrell, PE - MEMBER AUDITOR'S RECORD TRANSFER NO. TAXING UNIT DATE RELEASE OF EASEMENT THE CITY OF SOUTH BEND, INDIANA, THROUGH ITS BOARD OF PUBLIC WORKS (GRANTOR), HEREBY 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: COMMENCING AT THE NORTHWEST CORNER OF LOT 1, HOSPITALITY HUB MINOR SUBDIVISION AS RECORDED IN DOCUMENT NO. 9914365, ST. JOSEPH COUNTY RECORDER, - THENCE S. 00010'53" E. ALONG THE WEST LINE OF SAID LOT, 230.42 FEET TO THE POINT OF BEGINNING; THENCE S. 00°10'53" E_ ALONG SAID WEST LINE 20.00 FEET; THENCE N. 89°49'07" E., 60.53 FEET; THENCE N. 00°10'53" W., 153.45 FEET; THENCE S. 89"49'07" W. 20.00 FEET; THENCE S. 00010'53" E. 133.45 FEET; THENCE S. 89149'07" W. 40.53 FEET TO THE POINT OF BEGINNING. IN WITNESS WHEREOF, THE CITY OF SOUTH BEND, INDIANA, ACTING BY AND THROUGH ITS BOARD OF PUBLIC WORKS, HAS CAUED THIS INSTRUMENT TO BE a f! EXECUTED BY ITS BOARD MEMBERS, THIS --T)AY OF 2002. 2 CITY OF SOUTH BEND, INDIANA BY: ATTEST: Printed Name & Title n BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED FOR THE CITY OF SOUTH BEND, INDIANA AND ACKNOWLEDGED THE EXECUTION OF THE FORGOING RELEASE OF EASEMENT ON THE DATE OF ITS EXECUTION AS SET FORTH ABOVE. , NOTARY PUBLIC cure {1 Name i,O54ENT OF �� _ �� r , COUNTY, INDIANA. erfttill? COMMISSION EXPIRES f U — 01 This instrument prepared by Danch, Harner & Associates, Inc. 2422 Viridian Drive, Suite 201 South Bend, Indiana 46628 UTILITY EASEMENT THIS INDENTURE, MADE AND ENTERED INTO THIS I'iTi' DAY OFFS, 20d), BY AND BETWEEN U.S. LODGING OF JACKSONVILLE L.P., PARTY OF THE FIRST PART; AND THE CITY OF SOUTH BEND, A BODY CORPORATE AS AUTHORIZED BY THE CONSTITUTION OF THE STATE OF INDIANA, ACTING BY AND THROUGH ITS BOARD OF PUBLIC WORKS, PARTY OF THE SECOND PART; WITNESSETH: FOR AND IN CONSIDERATION OF THE SUM OF ONE ($1.00) DOLLAR PAID TO THE FIRST PARTY, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, FIRST PARTY DOES HEREBY GRANT, BARGAIN, CONVEY AND ASSIGN UNTO SECOND PARTY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE, PERPETUAL AND PERMANENT EASEMENT AND RIGHT OF WAY UNDER, THROUGH AND ACROSS A CERTAIN PIECE OR PARCEL OF LAND SITUATED IN THE HOSPITALITY HUB MINOR SUBDIVISION, THE PIECE OR PARCEL OF LAND BEING OWNED BY FIRST PARTY IN FEE SIMPLE AND THE EASEMENT COVERING A STRIP OF LAND BEING SPECIFICALLY DESCRIBED AS FOLLOWS. - FEE DESCRIPTION: .Lot #1 of Hospitality Hub Minor Subdivision EASEMENT DESCRIPTION: COMMENCING AT THE NORTHWEST CORNER OF LOT 1, HOSPITALITY HUB MINOR SUBDIVISION AS RECORDED IN DOCUMENT NO. 9914365, ST. JOSEPH COUNTY RECORDER; THENCE S. 00°10'53" E. ALONG THE WEST LINE OF SAID LOT, 230.42 FEET TO THE POINT OF BEGINNING; THENCE N. 89049'07" E., 32.68 FEET; THENCE N. 00°10'53" W., 101.35 FEET; THENCE N. 44046'22" E., 11.40 FEET; THENCE N. 00° 10'53" W., 24.05 FEET; THENCE N. 89'49' 17" E., 20.00 FEET; THENCE S. 00' I0'53" E., 4.01 FEET; THENCE N. 44°46'22" E., 67.64 FEET; THENCE N. 89°43'36" E., 78.38 FEET; THENCE S. 45°19'46" E., 107.37 FEET; THENCE S. 00°23'09" E., 111.14 FEET; THENCE N. 89°49'07" E., 8.51 FEET; THENCE S. 00' 10'53" E., UTILITY EASEMENT LOT #1. HOSPITALITY HUB MINOR SUBDIVISION 20.00 FEET; THENCE S. 89°49'07" W., 28.44 FEET; THENCE N. 00°23'09" W., 122.79 FEET; THENCE N. 45° 19'46" W., 90.82 FEET; THENCE S. 89°43'36" W., 61.84 FEET; THENCE S. 44°46'22" W., 90.80 FEET; THENCE S. 00010'53" E., 113.08 FEET; THENCE S. 89°49'07" W., 52.68 FEET TO TIE WEST LINE OF SAID LOT 1; THENCE N. 00010'53" W., ALONG THE WEST LINE OF SAID LOT 1, 20.00 FEET TO THE POINT OF BEGINNING. This casement and right of way shall be for the purpose of the constriction and installation of a water main including appurtenant valves, hydrants, manholes, and accessories under, through and across the above described easement and right of way, for the purpose of maintaining, repairing. replacing, reinstalling, operation. inspection and keeping in working order the water main that is running wider, through and across the above described easement and right of way. Said easement and right of way shall include the right to enter upon sufficient land adjacent to said easement and right of way, oAv ned by first party, as is required for the construction, installation. maintenance, repair, replacement. reinstallation, operation and 'inspection of said water main together with the right to install intersection laterals and services therein. TO HAVE AND TO HOLD this casement and right of way under, through and acr9oss the above described piece or parcel of land unto second party, its successors and assigns, for the use and benefit of second party, its successors and assigns, FOREVER. First party warrants that it has the right and authority to grant this casement and right of way. and that if lhcre are any other prior lien holders thereon, they have consented to the Easement by written consent attached hereto, and will hold such lien subject to the provisions of this Easement. This easement and right of way shall include, but not be limited to, the right to enter upon the above described casement and right of way at any time that the second party shall see fit for the purpose of maintaining, repairing replacing, reinstalling and inspecting its water mains across, through and under the above described piece of parcel of land together with the right to excavate a trench or ditch for the location of said water nnann and with the further right to remove trees, brush and undergrowth and other obstructions situated upon the above described piece of parcel of land 'interfering with location, construction, maintenance or repair of said water niann. Second party, as a consideration for the granting of the right to construct and install said water main, shall be obligated to fill and grade to ground level the trench or ditch occupied by said water main and to restore any ditches, parking areas, shrubs or grass to their former condition insofar as is reasonably possible. Second party does further covenant and agree that in (lie event it shall at any time become necessary to enter upon the above described piece or parcel of land for the purpose of maintenance, repair, replacement or reinstallation of said water main, it shall return said piece or parcel of land to like condition as before such maintenance or repair upon the completion of said maintenance, repair, replacement or reinstallation insofar as is reasonably possible. Second party agrees to fully indenunify, save and keep hanniless first party from any and all claims for damage to real and personal property and injuries or death suffered by persons in any manner caused by or growing out of the construction, installation or presence of said water main wider and across the piece of parcel of land of first party. First party agrees that it will not construct a building, structure or other permanent improvement on said easement and right of way without first obtaining the written consent of second party. The pronouns and relative words herein are primarily written in the masculine and singular. If more than one join in, or be either of the feminine sex or a business entity, such words shall be read as if written in plural, feminine or neuter, respectively. IN WITNESS WHEREOF, first party has caused these presents to be signed the day and year first above written. r ~., UTILITY EASEMENT LOT #1. HOSPITALITY HUB MINOR SUBDIVISION Wilms: s STATE OF 210 i R J q ) COUNTY OF GKA v ! On this IV rk day of r �� 2001L before me a Notary- Public in and for said County, personally appeared R A L P H i to me known to be the same person described in and who executed the within instrument, who acknowledged the same to be his free act and deed. 't s< ( &G,� - .5f1/4Rc -1 2). 3i S S c nl `�-' s,Notary Public , ccClCounty, f�u�'7��✓G7y,v My Comnuss o i n Expires: Danch, Harner & Associates, Inc. 2422 Viridian Drive, Suite 201 South Bend, IN 46628