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HomeMy WebLinkAbout#2860- Deed; RELEASE OF EASEMENT Southleigh Drive.6 P-16cAidc-- C'�A-y�L�onDJ�c���J� L.L. RELEASE OF EASEMENT CROSS REFERENCE TO: A NORTH/SOUTH STUB STREET, KNOWN AS SOUTHLEIGH DRIVE, WITHIN THE SUMMER HILL SUBDIVISION RECORDED UNDER INSTRUMENT NUMBER 0026456 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY VACATED PER COUNTY ORDINANCE NUMBER 26-03. KNOW ALL MEN BY THESE PRESENTS, that the City of South Bend Board of Public Works, Grantee of all easement rights within a north/south stub street known as Southleigh Drive in the Summer Hill Subdivision, recorded under Instrument Number 0026456 in the Office of the St. Joseph County Recorder, Indiana, and more particularly described as follows: One -hundred fitly -two and sixty one -hundredths (152.60') feet of a forty (40) foot wide right-of-way known as "Southleigh Drive" extending from the south right-of-way line of Summer Lake Court to the south terminus of Southleigh Drive, hereby agrees to and hereby does release its rights in said easement in and along the above described real estate. This release is hereby issued to Clay Ironwood, L.L.C., their heirs, devisees, grantees, personal representatives, successors, and assigns. IN WITNESS WHEREOF, the City of South Bend Board of Public W s, has cis d this 'nsirument to be executed by its duly authorized officials this 2003, at South Bend, Indiana.-aY of IM STATE OF INDIANA ) COUNTY O.F ST. JOSEPH ) City of South Bend Board of Public Works 1308 County -City Building South Bend, Indiana 46601 Gary A. Gilot, P.E., President (11eq,12 L? 4�i� Carl . Littrell, P.E., Member Donald E. Inks, M mber Before me, the undersigned notary public, in and for said County and State, personally appeared Gary A. Gilot, Carl P. Littrell, and Donald E. and severally acknowledged the execution of the foregoing instrument as a voluntary and deed for the u Inks, and separately purposes therein expressed. ary act Witness my hand and notarial seal this day of 2003. � � •••. u11Q. C1 p7 y m �vx� w d �n}N55 �C7y � IV F' N C[ 0 x a .. RELEASE OF EASEMENT CROSS REFERENCE TO: A NORTH/SOUTH STUB STREET, KNOWN AS SOUTHLEIGH DRIVE, WITHIN TIIE SUMMER HILL SUBDIVISION RECORDED UNDER INSTRUMENT NUMBER 0026456 IN THE OFFICE OF RECORDER OF ST. JrOSEPH COUNTY VACATED PER COUNTY ORDINANCE NUMBER 26-03. KNOW ALL MEN BY THESE PRESENTS, that the City of South Bend Board of Public Works, Grantee of all easement rights within a north/south stub street known as Southleigh Drive in the Summer Hill Subdivision, recorded under Instrument Number 0026456 in the Office of the St. Joseph County Recorder, Indiana, and more particularly described as follows: One -hundred fifty-two and sixty one -hundredths (152.60') feet of a forty (40) foot wide right-of-way known as "Southleigh Drive" extending from the south right-of-way line of Summer Lake Court to the south terminus of Southleigh Drive, hereby agrees to and hereby does release its rights in said easement in and along the above described real estate. This release is hereby issued to Clay Ironwood, L.L.C., their heirs, devisees, grantees, personal representatives, successors, and assigns. IN WITNESS WHEREOF, the City of South Bend Board of Public Wo s, has c its this 'nstrument to be executed by its duly authorized officials, this _ ,% 1 11 ""`Lday of 2003, at South Bend, Indiana. City of South Bend Board of Public Works 1308 County -City Building South Bend, Indiiana 46601 BY: / Gary A. Gilot, P.E., President Carl . Littrell, P.E., Member Donald E. Inks, M mber STATE OF INDIANA ) COUNTY OF ST. JOSEPH ) Before me, the undersigned notary public, in and for said County and State, personally appeared Gary A. Gilot, Carl P. Littrell, and Donald E. Inks, and separately and severally acknowledged the execution of the foregoing instrument as a voluntary act and deed for the purposes therein expressed. Witness my hand and notarial seal this day of A_- 2003. My C/ omission Expires: � O - (f) ,,_J7� {Prime) � Notary Public is a resident of St. Joseph County, Indiana. SHEET 1 OF 1 SUMMER HIL SUBDVISION FIGURE 1: SOUTHLEIGH DRIVE EASEMENT RELEASE DATE-: 01/2.4/0.5 SCALE: 1"=100' DEVELOPED BY: CLAY —IRONWOOD, L.L.C. 16789 BRICK ROAD SOUTH BEND, INDIANA a i� ABONMARCHE CONSULTANTS, L.L.C. 750 Lincoln Way East 341 Airport N. Office Park 633D E. 75th St., Suite 178 South Bend, Indiana 46601 Fort Wayne, Indiana 46825 Indianapolis, Indiana 46250 (574) 232-8700 (260) 497-8823 (317) 578-0800 FAX: (574) 251-444D FAX: (260) 497-8555 FAX: (317) 578-0802 ARCIIITLiCTl1RE / ENGINEERING / LAND SURVEYING / PLANNING / CONSTRUCTION SERVICES "Ole \1 r m BOARD OF PUBLIC WORKS AGENDA ITEM REQUEST Date: From: Department/Phone: For Board of Works Meeting (date): Type of Agenda Item: All a e►:da ite►►z doerunents ►nest be in Original Format and Signed April 8, 2003 Carl Littrell^J� Engineering/ 5937 April 14, 2003 Release of Easement Purpose: The developer of Sununer Hill Subdivision in Clay Township has successfully petitioned the County Council for vacation of a stub street known as Southleigh Drive. This street has not been developed. No City of South Bend sewers or water mains occupy the street. There is no advantage to the City to maintain a rights of easement on that land. I recommend that all rights of easement be released. Amount of Contract/Agreement/Proposal/Letter Agreement/Amendment: N/A Project Number: N/A Funding Source: N/A Total Percent of Increase/Decrease: N/A Distribute Copies to: Attachments: Request for Release of Easement THE A B O N MAR C H E GROUP 750 Uncoin Way East, South Bend, IN 46601 • T 574.232.8700 F 574.251.444U w www.aoonmcrcne.com Fort Wayne, IN Indianapolis, IN Benton Harbor, MI Manistee, MI March 17, 2003 Gary Gilot, P.E., President City of South Bend, Board of Public Works 1316 County -City Building South Bend, IN 46601 RE: Summer Hill — Southleigh Drive Release of Easement Request Dear Mr. Gilot: Attached is a 24" x 36" recorded copy of the Secondary Plat of the Summer Hill Subdivision, showing Southleigh Drive, which is the area in which we are requesting an easement release. Clay Ironwood, L.L.C., is developing a second phase of this subdivision to the south and they are proposing to move the existing Southleigh Drive to the west. There are no sanitary sewer or water lines within the portion of ,Southleigh Drive which was vacated. Southleigh Drive was vacated at the March 11, 2003, County Council meeting (Ordinance 26-03). We respectfully request that this easement release be considered at the March 24, 2003, meeting of the Board of Public Works. If you have any questions, concerns, or need any further information regarding this request, please do not hesitate to contact our office. Sincerely, ABONMARCHE CONSULTANTS, L.L.C. Derek I Spier, A.I.C.P. Planner Attachments File: M2-1116-192 F:WrojectsIM2-11161board oJ'public works easement release ltr.doc BOARD OF PUBLIC WORKS AGENDA ITEM REQUEST Date: From: Department/Phone: For Board of Works Meeting (date): Type of Agenda Item: All azenda item documents must be in Original Format and Sighed April 8, 2003 Carl Littrell ff-�— Engineering/ 5937 April 14, 2003 Release of Easement Purpose: The developer of Summer Hill Subdivision in Clay Township has successfully petitioned the County Council for vacation of a stub street known as Southleigli Drive. This street has not been developed. No City of South Bend sewers or water mains occupy the street. There is no advantage to the City to maintain a rights of easement on that land. I recommend that all rights of easement be released. Amount of Contract/Agreement/Proposal/Letter Agreement/Amendment: N/A Project Number: N/A Funding Source: N/A Total Percent of Increase/Decrease: N/A Distribute Copies to: Attachments: Request for Release of Easement T H E 750 Lincoln Way East, South Bend, IN 46601 March 17, 2003 Gary Gilot, P.E., President City of South Bend, Board of Public Works 1316 County -City Building South Bend, IN 46601 RE: Summer Hill — Southleigh Drive Release of Easement Request Dear Mr. Gilot: A 8 O N M A R C H E G R O U P T 574.232.8700 F 574.251.4440 W wor ww,abonmche.com Attached is a 24" x 36" recorded copy of the Secondary Plat of the Summer Hill Subdivision showing Southleigh Drive, which is the area' which we are requesting an easement release. Clay Ironwood, L.L.C., is developing a second phase of thus subdivision to the south and they are proposing to move the existing Southleigh Drive to the west. There are no sanitary sewer or water Iines within the portion of Southleigh Drive which was vacated. Southleigh Drive was vacated at the March 11, 2003, County Council meeting (Ordinance 26-03). We respectfully request that this easement release be considered at the March 24, 2003, meeting of the Board of Public Works. If you have any questions, concerns, or need any fin -they information regarding this request, please do not hesitate to contact our office. Sincerely, ABONMARCHE CONSULTANTS, L.L.C. Y -1� Derek J. Spier, A.I.C.P. Planner Attachments File: M2-1116-192 Fort Wayne, IN Indianopplis, IN Benton Harbor, MI Manistee, M1 F: 1P—Jeetsl"Z-t I 16'-"ard 01 public works eusarnent release 4a10e