HomeMy WebLinkAbout#2947- Deed; GRANT OF EASEMENT to City of South Bend from May Oberfell Lorber - Part of SE quarter of NE quarter of Section 33 Twnshp 38 N, Range 2 E, Portage TownshipCZM,t - 29 7
Release:o Easement
12/29/2004
Address: 1915 Bendix Drive South Bend, IN
By May Oberfell Lorber
To: City of South Bend
Description:
Part of S/E 1/4 ofN/E 1/4 of Section 33 Twnshp
38 N, Range 2 E, Portage Township
a
RECORDED ON
n 11/24/2004 10:08:19AM
/ !� „ i1 TERRT J. HRETHLAKE
COUNTY
Return to: C�JLC �/j LAG ( ST. JOSEF'H COUNTY
RECORDER
REC FEE: $19.00
PAGES: 6
GRANT OF STORM SEWER EASEMENT
THIS INDENTURE WITNESSETH, that Appletree Associates, Inc., a Pennsylvania
Partnership ("Grantor"), for One Dollar ($1.00) and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, grants and conveys to the City of South Bend, an
Indiana municipal corporation and its grantees, successors and assigns, ("Grantee") for the,
benefit of the land described in Exhibit "A", attached hereto and made a part hereof, a permanent
storm sewer easement for the construction and maintenance of a municipal storm sewer, over and
under the real estate (the "Easement Property") in German Township, St. Joseph County, Indiana,
described in Exhibit "B", attached hereto and made a part hereof and further depicted on Exhibit
"C" attached hereto and made a part hereof. Such easement grant includes the right to enter onto
the Easement Property to construct, repair, maintain and operate therein a storm sewer line and
appurtenances thereto including any manholes, equipment, fixtures and facilities comprising a
part of or being used in connection with the storm sewer line (the "Sewer Line"); provided,
however, that the Easement Property shall subsequent to any such construction, repair,
maintenance or operation be restored to at least as good a condition and appearance as existed
prior to such entry, including the replacement of existing grass sodding.
Any installation, maintenance, repair and/or replacement of the Sewer Line and
appurtenances within the Easement Property shall be performed as expeditiously as possible in
accordance with good construction practice (including, without limitation, taking all measures to
prohibit injury to person or damage to property) and so as to minimize interference with the use
by the owner thereof of the lands adjacent to the Easement Property, and to ensure Grantor
complete and unfettered ingress and egress to its property during construction. In the exercise of
its rights hereunder, Grantee shall at all times comply with the terms and provisions of all
easements affecting the Easement Property heretofore recorded in the Office of the Recorder of
St. Joseph County, Indiana.
Grantee by undertaking to enjoy the rights granted by this Grant of Easement shall be
deemed to have agreed to defend, hold harmless and indemnify Grantor from and against any and
all liability resulting from the acts and work performed by Grantee, its agents, employees or
designees in, Loader, or around the Easement Property pursuant to rights granted by this Grant of
Easement.
The terms and provisions of this Grant of Easement shall be binding upon and shall inure
to the benefit of Grantor and Grantee and their respective successors and assigns.
J 12D-4Cl7
RECORDED ON
11/24/2004 10:08:19AM
Return to: �c�/t.CY (� ST. JQSEYH COUNTY
CJ RECORDER
REC FEE: 519.00
PAGES: 5
GRANT OF STORM SEWER EASEMENT
THIS INDENTURE WITNESSETH, that Appletree Associates, Inc., a Pennsylvania
Partnership ("Grantor"), for One Dollar ($1.00) and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, grants and conveys to the City of South Bend, an
Indiana municipal corporation and its grantees, successors and assigns, ("Grantee") for the
benefit of the land described in Exhibit "A", attached hereto and made a part hereof, a permanent
storm sewer easement for the construction and maintenance of a municipal storm sewer, over and
under the real estate (the "Easement Property") in German Township, St. Joseph County, Indiana,
described in Exhibit "B", attached hereto and made a part hereof and further depicted on Exhibit
"C" attached hereto and made a part hereof. Such easement grant includes the right to enter onto
the Easement Property to construct, repair, maintain and operate therein a storm sewer line and
appurtenances thereto including any manholes, equipment, fixtures and facilities comprising a
part of or being used in connection with the storm sewer line (the "Sewer Line"); provided,
however, that the Easement Property shall subsequent to any such construction, repair,
maintenance or operation be restored to at least as good a condition and appearance as existed
prior to such entry, including the replacement of existing grass sodding.
Any installation, maintenance, repair and/or replacement of the Sewer Line and
appurtenances within the Easement Property shall be performed as expeditiously as possible in
accordance with good construction practice (including, without limitation, taking all measures to
prohibit injury to person or damage to property) and so as to minimize interference with the use
by the owner thereof of the lands adjacent to the Easement Property, and to ensure Grantor
complete and unfettered ingress and egress to its property during construction. In the exercise of
its rights hereunder, Grantee shall at all times comply with the terms and provisions of all
easements affecting the Easement Property heretofore recorded in the Office of the Recorder of
St. Joseph County, Indiana.
Grantee by undertaking to enjoy the rights granted by this Grant of Easement shall be
deemed to have agreed to defend, hold harmless and indemnify Grantor from and against any and
all liability resulting from the acts and work performed by Grantee, its agents, employees or
designees in, under, or around the Easement Property pursuant to rights granted by this Grant of
Easement.
The terms and provisions of this Grant of Easement shall be binding upon and shall inure
to the benefit of Grantor and Grantee and their respective successors and assigns.
d �
EXECUTED this day off, 2004.
GRANTOR:
APPLETREE ASSOCIATES INC.
By:
k-
Oregolk*arihaw, Chief Financial Officer
By:
Its:
ATTEST:
GRANTEE:
CITY OF SOUTH BEND,
ST. JOSE PH COUNTY, INDIANA
A13PRO VED
Board of Public Works
STATE OF PENNSYLVANIA
) SS
COUNTY )
Before me, the undersigned, a notary public for St-+ose h County, state of Iftdian
personally appeared Greg Warshaw on behalf of Appletree Associates Inc., and acknowledged
the execution of this instrument this I day of Oetebgr, 2004.
AJ a J
My commission expires:
11-6"j (-r-u.�
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Notary Public
A resident of tONe c�a county, PA
NOTARIAL SEAL
MICHELE A. DUNFEE, Notary Pu'- `;
Ciip p of Phltadei hia, PWa.
Ca m �s?a t E, iras Nis ; 19. 2
Before me, t under tgned, a notary public for St. Joseph County, state of Indiana,
personally appeared,tt tL ,� 'J� '-6n behalf of the City of South Bend and
acknowledged the execution of this instrument this o) day of-Bsteber, 2004. 1 �t% �,
is?
� sO _mac
My comm'ssion expires:
o oa
�- U 0Zel4!:' , Notary
A resident of St. Joseph County,
F:ICfi.L5WO2351U1001ki3miofSloan Sewer EascmcnLupd ICVIBI04
This instrument was prepared by John H. Peddycord, Esq. (5670-71) of the law firm of May Oberfell Lorber, 300 North
Michigan Street, South Bend, Indiana 46601; (574) 232-2031.
APPLETREE ASSOCIATES, INC./PEI GENESIS, INC.
LEGAL DESCRIPTION OF PROPERTY
A part of the Southeast Quarter (1/4) of the Northeast Quarter (1/4) of Section Thirty -Three (33),
Township Thirty -Eight (38) North, Range Two (2) East, Portage Township, City of South Bend,
St. Joseph County, Indiana, more particularly described as follows:
Beginning at a found Three -Quarter (3/4) inch iron pipe at the West right-of-way line of Bendix
Drive which is North 00 degrees 00 minutes 25 seconds East, 232.03 Feet (North 00 Degrees 07
Minutes 29 Seconds East, 232.38 Feet record) and North 89 degrees 44 minutes 04 seconds
West, 40.00 Feet (North 89 degrees 40 minutes 09 seconds West, 40.00 Feet record) from the
East Quarter (1/4) post of said Section Thirty -Three (33); thence North 89 degrees 44 minutes 04
seconds West (North 89 degrees 40 minutes 09 seconds West record) a distance of 66 1. 80 feet
(661.97 feet record) to a found Three Quarter (3/4) inch iron pipe; thence North 00 degrees 00
minutes 25 seconds East (North 00 degrees 07 minutes 29 seconds East record) a distance of
290.69 feet (290.79 feet record) to a found three-quarter (3/4) inch iron pipe; thence North 89
degrees 52 minutes 20 seconds East (North 89 degrees 56 minutes 16 seconds East record) a
distance of 661.79 feet (661.94 feet record) to a found five -eighths (5/8) inch rebar at the West
right-of-way line of Bendix Drive; thence South 00 degrees 00 minutes 25 seconds West (South
00 degrees 07 minutes 02 seconds West record) along said right-of-way line a distance of 295.24
feet (295.33 feet record) to the point of beginning, containing 4.45 acres, more or less, subject to
all public highways and any easements of record, if any.
EXHIBIT "A"
BURIED UTILITY EASEMENT
SURVEY ORDERED BY: PANZICA BUILDING CORPORATION
SURVEY DATED: 10/21/04
PROJECT NO.: 040358
LEGAL DESCRIPTION FOR BURIED UTILITY EASEMENT
A PART OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST
QUARTER (1/4) OF SECTION THIRTY—THREE (33), TOWNSHIP
THIRTY—EIGHT (38) NORTH, RANGE TWO (2) EAST, PORTAGE TOWNSHIP,
CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST RIGHT—OF—WAY LINE OF BENDIX
DRIVE WHICH IS SOUTH 00 DEGREES 00 MINUTES 25 SECONDS WEST,
2123.68 FEET AND SOUTH 89 DEGREES 52 MINUTES 20 SECONDS
WEST, 40 FEET FROM THE NORTHEAST CORNER OF SECTION 33
TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE SOUTH 00 DEGREES 00
MINUTES 25 SECONDS WEST ALONG SAID WEST RIGHT—OF—WAY LINE
140.00 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 20 SECONDS
WEST, 10 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 25
SECONDS EAST, 140.00 FEET; THENCE NORTH 89 DEGREES 52
MINUTES 20 SECONDS EAST, 10 FEET; TO THE POINT OF BEGINNING,
CONTAINING 0.03 ACRES, MORE OR LESS, SUBJECT TO ALL PUBLIC
HIGHWAYS AND ANY EASEMENTS OF RECORD, IF ANY.
QW1140, Harper &Adaoc >Ceg Inc
Land Surveyors • Professional Engineers
Landscape Architects• Land Planners
Cfftm (574)2s4-coos / (80o}sy4-coos , sax (s24)234-411a _
2422 Vlrldlon [kM, Sulu 201 Soul}, �, IN 4862a
E lI2 If '"4 T B
BURIED UTILITY EASEMENT
SURVEY ORDERED BY: PANZICA BUILDING CORPORATION
SURVEY DATED: 10/21 /04
PROJECT NO.: 040358 THE NE CORNER OF
SEC. 33—T. 38N., R. 2E.
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Land Surveyors • Professional Engineers
Landscape Architects- Land Planners
Cttkc (37{)2y4-40DJ / (a00)594-400.5 F= (374)2J4-4119
2422 Vir4dian Drfw. SLA" 201 South Bond IN 4962a
MAY OBERFELL LO"ER
ATTORNEYS AT LAW SINCE 1856
John H. Peddycord
Patricia E. Primmer
Richard F. Nugent, Jr.
Of Counsel
Paralegals
E. Spencer Walton, Jr.
W. Todd Woelfer
Christopher R. Putt
John J. Lorber
Pamela S. Hartman
Jeffery A. Johnson
Bradley L. Varner
Janine D. Felder -Kahn
Victoria E. Hyland
Robert J. Palmer
D. Andrew Spalding
Georgianne M. Walker
Administrator
Janet L. Peterson
Wendell W. Walsh
Jane F. Bennett
Michael W. Arnold
Earl W. Brickner 11
Deborah L. Denman
Allyson A. King
Kari.A. Watterson
November 12, 2004
Thomas L. Bodner, Esq.
Deputy City Attorney lv()V 15 2004
227 W. Jefferson Blvd. _-
1400 County City Building _ r J i O� ln(.�1 -' B` IPI
South Bend, IN 46601
Re: Grant of Storm Sewer Easement for PEI-Genesis property located
at 1915 Bendix Drive, South Bend, Indiana
Dear Tom:
Enclosed are an original and two (2) copies of the Grant of Storm Sewer Easement which have
been executed by an appropriate officer of Appletree Associates (owner of the PEI-Genesis
property located at 1915 Bendix Drive). Please have an appropriate officer of the City of South
Bend execute the Easement and return two (2) executed copies to me. I presume you will record
the original with the City Recorder's Office. Once you have recorded the Easement please return
a file marked copy to me for my file.
Also, please furnish a copy of the Easement to the City Engineering Department so they might
proceed to schedule and perform the drainage work involved.
If you have any questions in the interim please do not hesitate to contact me.
rl
Enclosures (3)
cc: Mr. Greg Warshaw, CFO(w/enc.)
Mr. Larry Forbach (w/enc.)
F:\Ctients\P0235\01001,Correspondence\Correspondence\I1-12-04Itto City Attorney.wpd I1/I2104
300 North Michigan
South Bend, Indiana 46601
Telephone (574) 232-2031
Facsimile (574) 232-9789
www.maylorber.com
KD 4 t5
RECORDED ON
11/24/2004 10:08:19AM
TERRI J. RETHLAKE
�(' � �C\ ?iST. COUNTY
Return to: RECORD kECORDER
REC FEE: 519.00
PAGES: b
GRANT OF STORM SEWER EASEMENT
THIS INDENTURE WITNESSETH, that Appletree Associates, Inc., a Pennsylvania
Partnership ("Grantor"), for One Dollar ($1.00) and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, grants and conveys to the City of South Bend, an
Indiana municipal corporation and its grantees, successors and assigns, ("Grantee") for the,
benefit of the land described in Exhibit "A", attached hereto and made a part hereof, a permanent
storm sewer easement for the construction and maintenance of a municipal storm sewer, over and
under the real estate (the "Easement Property") in Gennan Township, St. Joseph County, Indiana,
described in Exhibit `B", attached hereto and made a part hereof and further depicted on Exhibit
"C" attached hereto and made a part hereof Such easement grant includes the right to enter onto
the Easement Property to construct, repair, maintain and operate therein a storm sewer line and
appurtenances thereto including any manholes, equipment, fixtures and facilities comprising a
part of or being used in connection with the storm sewer line (the "Sewer Line"); provided,
however, that the Easement Property shall subsequent to any such construction, repair,
maintenance or operation be restored to at least as good a condition and appearance as existed
prior to such entry, including the replacement of existing grass sodding.
Any installation, maintenance, repair and/or replacement of the Sewer Line and
appurtenances within the Easement Property shall be performed as expeditiously as possible in
accordance with good construction practice (including, without limitation, taking all measures to
prohibit injury to person or damage to property) and so as to minimize interference with the use
by the owner thereof of the lands adjacent to the Easement Property, and to ensure Grantor
complete and unfettered ingress and egress to its property during construction. In the exercise of
its rights hereunder, Grantee shall at all times comply with the terms and provisions of all
easements affecting the Easement Property heretofore recorded in the Office of the Recorder of
St. Joseph County, Indiana.
Grantee by undertaking to enjoy the rights granted by this Grant of Easement shall be
deemed to have agreed to defend, hold hannless and indemnify Grantor from and against any and
all liability resulting from the acts and work performed by Grantee, its agents, employees or
designees in, under, or around the Easement Property pursuant to rights granted by this Grant of
Easement.
The terms and provisions of this Grant of Easement shall be binding upon and shall inure
to the benefit of Grantor and Grantee and their respective successors and assigns.
EXECUTED this �- day of 49�,.0 2004.
GRANTOR:
APPLETREE ASSOCIATES INC.
By:
1-
dregA&arjhaw, Chief Financial Officer
By:
Its:
ATTEST:
GRANTEE:
CITY OF SOUTH BEND,
ST. JOSEPII COUNTY, INDIANA
APPROVED
Board of Public Works
STATE OF PENNSYLVANIA
) SS:
COUNTY }
Before me, the undersigned, a notary public for art-3�se h County, state of
personally appeared Greg Warshaw on behalf of Appletree Associates Inc., and acknowledged
the execution of this instrument this I r day of Oetebgr, 2004.
AjdcJ
My commission expires:
STATE OF INDIANA j
SS.
ST. JOSEPH COUNTY )
, Notary Public
A resident of OON< <-A county, PA
NOTARIAL SEAL
MICHELE A. DUNFEE, Notary Putty
City of Philadelphia. Phila. Coui
', y C�1I rr tq i"'q re s r lo�em�;
Before met under geed, a notary public for St. Joseph County, state of Indiana,
personally appeared tt?"LtLIDa; `�n behalf of the City of South Bend, and
acknowledged the execution of this instrument this cZday off, 2004.
My commission expires:
t o 109
FUienl5lP0235W100 RGr=1 of Slorm Sovcr Eascmenta,pd 10118/04
Ou' �
An re L a 1;7-iJ rqZ� , Notary Public
A resident of St. Joseph County, IN
This instrument was prepared by John H. Peddycord, Esq. (5670-71) of the law firm of May Oberfell Lorber, 300 North
Michigan Street, South Bend, Indiana 46601; (574) 232-2031.
APPLETREE ASSOCIATES, INC./PEI GENESIS, INC.
LEGAL DESCRIPTION OF PROPERTY
A part of the Southeast Quarter (1/4) of the Northeast Quarter (1/4) of Section Thirty -Three (33),
Township Thirty -Eight (38) North, Range Two (2) East, Portage Township, City of South Bend,
St. Joseph County, Indiana, more particularly described as follows:
Beginning at a found Three -Quarter (3/4) inch iron pipe at the West right-of-way line of Bendix
Drive which is North 00 degrees 00 minutes 25 seconds East, 232.03 Feet (North 00 Degrees 07
Minutes 29 Seconds East, 232.38 Feet record) and North 89 degrees 44 minutes 04 seconds
West, 40.00 Feet (North 89 degrees 40 minutes 09 seconds West, 40.00 Feet record) from the
East Quarter (1/4) post of said Section Thirty -Three (33); thence North 89 degrees 44 minutes 04
seconds West (North 89 degrees 40 minutes 09 seconds West record) a distance of 661.80 feet
(661.97 feet record) to a found Three Quarter (3/4) inch iron pipe; thence North 00 degrees 00
minutes 25 seconds East (North 00 degrees 07 minutes 29 seconds East record) a distance of
290.69 feet (290.79 feet record) to a found three-quarter (3/4) inch iron pipe; thence North 89
degrees 52 minutes 20 seconds East (North 89 degrees 56 minutes 16 seconds East record) a
distance of 661.79 feet (661.94 feet record) to a found five -eighths (5/8) inch rebar at the West
right-of-way line of Bendix Drive; thence South 00 degrees 00 minutes 25 seconds West (South
00 degrees 07 minutes 02 seconds West record) along said right-of-way line a distance of 295.24
feet (295.33 feet record) to the point of beginning, containing 4.45 acres, more or less, subject to
all public highways and any easements of record, if any.
EXHIBIT "A"
BURIED UTI LI7-Y EASEMENT
SURVEY ORDERED BY: PANZICA BUILDING CORPORATION
SURVEY DATED: 10/21/04
PROJECT NO.: 040358
LEGAL DESCRIPTION FOR BURIED UTILITY EASEMENT
A PART OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST
QUARTER (1/4) OF SECTION THIRTY—THREE (33), TOWNSHIP
THIRTY—EIGHT (35) NORTH, RANGE TWO (2) EAST, PORTAGE TOWNSHIP,
CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST RIGHT—OF—VJAY LINE OF BENDIX
DRIVE WHICH IS SOUTH 00 DEGREES 00 MINUTES 25 SECONDS WEST,
2123.68 FEET AND SOUTH 89 DEGREES 52 MINUTES 20 SECONDS
WEST, 40 FEET FROM THE NORTHEAST CORNER OF SECTION 33
TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE SOUTH 00 DEGREES 00
MINUTES 25 SECONDS WEST ALONG SAID WEST RIGHT—OF—WAY LINE
140.00 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 20 SECONDS
WEST, 10 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 25
SECONDS EAST, 140.00 FEET; THENCE NORTH 89 DEGREES 52
MINUTES 20 SECONDS EAST, 10 FEET; TO THE POINT OF BEGINNING,
CONTAINING 0.03 ACRES, MORE OR LESS, SUBJECT TO ALL PUBLIC
HIGHWAYS AND ANY EASEMENTS OF RECORD, IF ANY.
Danch, Har er �rAeeoc teg_ lnc,
Load Surveyors Professional Engineers 2
Landscape Architects. Land Planners
Wks: (574)234-J00 / (800)594-4003 Fmc (574)234-4i 1t7
2422 Vlridlon ❑t.�, Sult• 201 South 8.nd, IN 48828
EXHHBIT B
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BURIED UTILITY EASEMENT
SURVEY ORDERED BY: PANZICA BUILDING CORPORATION
SURVEY DATED; 10/21/04
PROJECT NO.: 040358
THE
NE CORNER OF
SEC.
33—T. 3BN_, R. 2E.
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2422 Vir{Aan DIm Sulta tot Sarih B-4. IN 4862E
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1316 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUEcu, MAYOR
BOARD OF PUBLIC WORKS
December 29, 2004
Mr. John H. Peddycord
May Oberfell Lorber
300 North Michigan
South Bend, Indiana 46601
RE: Release of Easement
PEI-Genesis Property at
1915 Bendix Drive, South Bend
Dear Mr. Peddycord:
PHONE 574/ 235-9251
FAx 574/235-9171
TDD 574/ 235-5567
The Board of Public Works, at its regular meeting held on November 22, 2004, approved a
release of easement at the above referred to address.
If you have any further questions, please contact Mr. Tony Molnar, Permits Manager, at
(574) 235-9254.
Sincerely,
Angela K. Jacob, Clerk
c: Tony Molnar, Engineering
Carl Littrell, Engineering