HomeMy WebLinkAbout#3109- Deed; QUIT CLAIM DEED TEMPORARY HIGHWAY EASEMENT GRANT ADDENDUM TO TEMP EASEMENT GRANT Part of the E 1 of the NE Quarter of Section4 Twnshp 38 N Range 2 E (Secft 4-T37N-R2E)3�9
5/16/2006
Quit Claim Deed/Temporary Highway Easement Grant/Addendum
to Temp Easement Grant
18-2193-724805
LOT NO.
SUB:
McDonald's Corporation
Lincolnway West
Description:
part of the E 1/2 of the NE Quarter of Section4 Twnshp 38 N Range
2 E (Secft 4-T37N-R2E)
r� �-"' THE
I ITROYER
GROUP, INC
Leaders in Planning, Design and Management
Services for Enduring Built Environments
550 Union Street, Nlishawaka, IN 46544
Phone: 574-259-9976 Fax. 574-259-9982
TO: City of South Bend ae
Department of Public Works
Division of Engineering
1316 Coun -City Building
South Bend, IN 46601
30 n1a project# 00110.00
�0 10 File 23-transmittal
C
LET LR.,OF TRANSMITTAL
Carl Littrell °ATE: 20-Jun-06
Bendix Dr & Lincolnway West
Intersection improvements
O Attached ❑ Under separate cover via the following items:
We are sending you: El Samples
❑ Shop drawings ❑ Prints ❑ Plans
❑ Change order ❑ Specifications O Other R/W documents
❑ Copy of letter 9
These are transmitted as checked below:
❑ For approval ❑Reviewed as submitted ❑Resubmit copies for approval
El For your use ❑ Reviewed as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For your review and comment ❑ Prints returned after loan to us
❑ For bids due
Remarks:
Attached is the above mentioned paperwork for the McDonald`s Corporation
temporary and permanent right of way purchase. A letter was sent to Kim
Delmedico with a copy of the recorded Quit Claim Deed on June 12, 2006.
Sincerely,
Barbie Swihart Stutzman
SIGNED. _
Copies to: - N - -
Barbee Swlha Stutzman
Author: BSS
If enclosures are not as Holed, kindly notify us at once.
Creator: bss
GAArchives A-L1Bendix100110-001Sec1B231trn-Littrell-20 jun 06.xls
transfer
Taxing Unit '
Date o .s - / 6 - a CA
L8- I-z /-? -3 - `7a 4�c
QUIT CLAIM DEED
1Z)6 1 i-:)-3�S4
RECORDED AS PRESENTED ON
05/16/2006 03:26:37PM
TERRI J. REMAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $22. 00
PAGES: 4
THIS INDENTURE WITNESSETH, that MCDONALD'S CORPORATION, a
Delaware corporation, ("Grantor"), of DuPage County, in the State of Illinois,
QUITCLAIMS to THE CITY OF SOUTH BEND ("Grantee"), in the State of
Indiana, for the sum of Ten Dollars ($10.00) and other valuable consideration,
the receipt of which is hereby acknowledged, the following described real estate
located in St. Joseph County, in the State of Indiana (hereinafter called the "Real
Estate"):
SEE ATTACHED EXHIBIT "A" AND
MADE A PART HEREOF
TO HAVE AND TO HOLD the Real Estate, Including all easements, rights and
appurtenances.
SUBJECT TO: current taxes and assessments not yet due and payable from the
date hereof and subsequent years, and all covenants, conditions, restrictions,
reservations, easements and declarations or other matters of record.
DULY ENTER'EU FOR AMION
MICHAR G. EBY
ST. JOSEPH CO. INDIANA
S:\I40\Dept\Legal\USLEGAL\Central Division\Indianapolis\013-0102 (South Bend, IN)\Quit Claim Deed.doc
oranster
Faxing Unit
Date a s - / 6 • a (,0
�g- Iq 5 - -a
QUIT CLAIM DEED
CD6 1 -3'384
RECORDED AS PRESENTED ON
05/16/2006 03:26:37PM
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $22. 00
PAGES: 4
THIS INDENTURE WITNESSETH, that McDONALD'S CORPORATION, a
Delaware corporation, ("Grantor"), of DuPage County, in the State of Illinois,
QUITCLAIMS to THE CITY OF SOUTH BEND ("Grantee"), in the State of
Indiana, for the sum of Ten Dollars ($10.00) and other valuable consideration,
the receipt of which is hereby acknowledged, the following described real estate
located in St. Joseph County, in the State of Indiana (hereinafter called the "Real
Estate"):
SEE ATTACHED EXHIBIT "A" AND
MADE A PART HEREOF
TO HAVE AND TO HOLD the Real Estate, Including all easements, rights and
appurtenances.
SUBJECT TO: current taxes and assessments not yet due and payable from the
date hereof and subsequent years, and all covenants, conditions, restrictions,
reservations, easements and declarations or other matters of record.
DULY ENTERED FOR IAW'10N
MICHAEL C. EBY
ST. JOSEPH CO. INDIANA
S:\HO\Dept\Lega]\USLEGAL\Central Divisionllndianapolis1013-0102 (South Bend, IN)1Quit Claim Deed.doc
IN WITLESS WHEREOF, Grantor has executed this Quit Claim Deed this
24` day of August , 2004.
MCDONALD'S CORPORATION,
A Delaware corporation
By:
Name: Kenneth S. Shiner
Its: Senior Counsel
Send tax statements to and
Grantee's mailing address is:
This instrument was prepared by Timothy J. Slattery, Esq.
After recording, please return to:
Kim Deimedico
McDonalds Corporation
One McDonald's Plaza
U. S. Legal Dept. 091
Oak Brook, Illinois 50532
Property:
City & State: South Bend, IN
Address: Lincolnway West
L/C: 013-0102
ACKNOWLEDGEMENT
STATE OF ILLINOIS }
} SS:
COUNTY OF DUPAGE }
I, Ellen L. Loess, a Notary Public in and for the county and state aforesaid, DO
HEREBY CERTIFY that Kenneth S. Shiner, Senior Counsel of McDonald's Corporation,
a Delaware corporation, who is personally known to me to be the same person whose
name is subscribed to the foregoing instrument as such Senior Counsel appeared before
me this day in person and acknowledged that he signed, sealed and delivered the said
instrument as his free and voluntary act as such Senior Counsel and as the free and
voluntary act of said corporation for the uses and purposes therein set forth.
Given under my hand and notarial seal, this 24th day of August, 2004.
My commission expires
L LOESS,
EXHIBIT A
Situate in Portage Township, City of South Bend, St. Joseph County, lnaiana
Part of the East Half of the Northeast Quarter of Section 4 Township 37 North Range 2
East (Sect 4-T37N-R2E) more particularly described as follows: Commencing at the
Northeast corner of said Section 4 thence proceeding South forty-five degrees ten
minutes seven seconds West (S45°10'07"W) a distance of fifty-six and forty hundredths
(56.40) feet to a point of intersection of the South right-of-way line of Elwood Avenue
and the west right-of-way line of Bendix Drive, thence South zero degrees zero minutes
zero seconds West (S00°00'00"W) along the west line of Bendix Drive a distance of four
hundred seventy-four and five tenths (474.50) feet to the place of beginning of this
description; thence South eighty-nine degrees fifty-six minutes fifty-one seconds West
(S89°56'51"W) a distance of fifteen and eleven hundredths (15.11) feet, thence North
zero degrees zero minutes zero seconds West (N00°00'00"W) a distance of sixty-nine and
ninety-eight hundredths (69.98) feet, thence North eighty-nine degrees fifty-two minutes
zero seconds East (N89052'00"E) a distance of fifteen and eleven hundredths (15.11) feet,
thence South zero degrees zero minutes zero seconds West (S00°00'00"W) a distance of
seventy and no hundredths (70.00) feet to the point of beginning for this description and
containing 1049.86 square feet (0.0241 acres) subject to all legal highways and easements
of record.
TEMPORARY HIGHWAY EASEMENT GRANT
Project:
Project #:
Parcel:
Page:
THIS INDENTURE WITNESSETH, That McDonalds Corporation
Bendix & Lincolnway
100-32
McDonalds
1 of 2
the Grantor(s), of DuPaQe County, State of Illinois grant(s) to the CITY OF
SOUTH BEND, INDIANA, the Grantee, for and in consideration of the sum of One Thousand Three Hundred
and Thirty ($1,330.00) dollars (of which said sum represents land temporarily
encumbered and improvements acquired and damages) and other valuable
consideration, the receipt of which is hereby acknowledged, a temporary easement to enter upon and have
possession of the Real Estate of the Grantor(s) for the purpose driveway reconstruction, landscaping,
and of grading which said work is incidental to the construction of that highway facility known as
Bendix Drive and as the Bendix Drive & Lincolnway West Intersection Improvement Project,
which said Real Estate situated in the County of St. Joseph,
State of Indiana, and which is more particularly described in the legal description and depicted upon the Right -of -Way
Parcel Plat attached hereto as Exhibit "A", which is Incorporated herein by reference, which said temporary easement
shall be extinguished, become void and revert to the Grantor(s) and/or the Grantor(s) successor(s) in title upon
completion of the said Project.
*(the "Facilities")
Interest in land acquired by the City of South Bend, Indiana
Grantee mailing address:
Department of Public Works
City of South Bend
I316 County -City Building
South Bend, IN 46601
Any and all timber, shrubbery, fences, buildings and any other improvements situated within the area of
the temporary easement granted herein shall become the property of the City of South Bend except:
The said Grantor(s) acknowledge(s) that all provisions of this grant of temporary easement are as stated
and set forth herein and that no verbal agreements or promises exist with respect thereto.
This temporary conveyance is subject to any and all easements, conditions and restrictions of record.
However, the said Grantor(s), for the purpose of inducing the City of South Bend to accept this grant and to pay
the hereinbefore referenced consideration, represent(s) that the Grantor(s) South Bend Venture an Illinois
Partnership the owner(s) in fee simple of the Real Estate and that there exist no encumbrances, conditions,
restrictions, leases, liens of any kind or character which would be inconsistent with the temporary rights granted
herein
SEE ADDENDUM ATTACHED HERETO AND MADE A PART HEREOF.
Project: Bendix & Lincolnway
Project #: 100-32
Parcel: McDonalds
Page: 2 of 2
IN WITNESS WHEREOF, the said Grantor(s) ha 2 executed this instrument this 24th day of
August 2004 McDONALD' RPORATION
(Seal) By: al)
Signature Signature 4J q
Kenneth S.- Shiner
Senior Counsel
Printed Name Printed Name a�+�
cad 4-n
TO.D 4 L
- - - - - (Seal) o1 ea _
Signature
Signature
Printed Name Printed Name
STATE OF ILLINOIS
SS:
COUNTY OF DUPAGE
°Q7,7ffo.�a�o
Before me, a Notary Public in Fnd for said State and County, personally appeared Kenneth S
Shiner, Senior Counsel
the Grantor(s) in the above conveyance, and acknowledged the execution of the same on the date aforesaid to be
her voluntary act and deed and who, being duly sworn, stated that any representations contained
therein are true.
my handy and Notarial Seal this 24th day of
Ol .an "" D-/
Ellen L. Loess
Printed Name
My Commission expires
I am a resident of DuPaize
7/25/05
G:\Projccts\ps\I3ENDIX\00I 10-0Mec\mcdonald5 temp ROW grant rev 061704.doe
August 2004
NOYAS-N t::, �1C, SYto-VE OF ILLgMOi+b
County.
ADDENDUM TO TEMPORARY EASEMENT GRANT
1) Grantee will construct the Facilities in a good and workmanlike manner, and will keep the
Facilities in good maintenance and repair at its sole cost and expense.
2) Grantee will give written notice to grantor at least 10 days before beginning any work in the
easement area, which notice will specify the work to be performed and a date when the work will
be completed. Grantee will use its best efforts to complete the work by that date.
3) Unless otherwise agreed in writing, immediately after Grantee completes any work in the
easement area, Grantee will restore the easement area to the same or better condition as it was in
before Grantee began the work and to a safe condition, and will remove all of its equipment, tools,
trash and debris from the easement area.
4) Unless otherwise agreed in writing, Grantee will not move, remove or demolish any of Grantor's
signs, Access drives curbing or other improvements located with in the easement area. Grantee
will bear all costs of any signs that have to be relocated. Notwithstanding the foregoing, Grantee
may close the access drive off of Bendix. Drive for a period not to exceed thirty (30) days.
S) Grantee will separate by cones or other appropriate construction safety barriers ("cone off") the
easement area while Grantee performs any work in the easement area.
6) Grantee will perform all work in such a manner so as to not unduly disrupt the operation of the
McDonald's restaurant on grantor's property. Grantee will not occupy any parking stalls and will
not block in any manner the access drive on Lincolnway West.
7) Grantee will not park on or store any construction vehicles, equipment or materials within the
easement area or on Grantor's other property.
8) If any damage occurs to Grantor's property or any improvements thereon arising out of, related to,
or as a consequence of any of Grantee's work in the easement area, Grantor promptly will notify
Grantee in writing of the damage. Unless otherwise agreed by the parries, Grantee will repair the
damage (or commence and diligently pursue repairing the damage) within 30 days after receipt of
Grantor's notice.
9) Grantee will hold harmless and indemnify Grantor, its lessees, licensees, employees, agents,
contractors and assigns, and each of their lessees, licensees, employees, agents, contractors and
assigns, against any and all claims, liabilities and costs (including, but not limited to reasonable
attorney's fees) for injuries to any person and damage to any property arising out of, in connection
with, or as a result or consequence of Grantee's work in and/or use of the easement area.
1316 Cowry -CITY BUILDING
227 W. JErrFMON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LJECKE, MAYOR
DEPARTMENT OF PUBLIC WORKS
GA.RY A. GILOT, P.E.
DIRECTOR OF PUBLIC WORKS
PHONE 574/235-9251
FAX 5741235-9171
TDD 574/ 235-5567
TO: McDonald's Corporation PROJECT: Bendix Drive & Lincolnway
c/o Ms. Ruby Rubinowicz West Intersection Improvements
5750 Castle Creek Parkway, PARCEL: N/A
Suite 400 ROAD: N/A
Indianapolis, IN 46520 COUNTY: St. Joseph
The City of South Bend is authorized by Indiana law to obtain your land or an easement
across your land for certain public purposes. The City of South Bend needs to acquire
permanent and temporary right-of-way across your land for a public highway
improvement at the intersection of Bendix Drive and Lincolnway West and needs to take
the land as described on the attached legal description.
It is our opinion that the fair market value of the property and easement we want to
acquire from you is $6,770.00, and, therefore, we offer you $6,770.00 for the above
described property and easement. If you accept this offer, you may expect payment in
full within ninety (90) days after signing the documents accepting this offer and
executing the Warranty Deed and the Temporary Right -Of -Way Grant and provided there
are no difficulties in clearing liens or other problems with title to the land. Possession
will be required thirty (30) days after you have received your payment in full.
If you have any questions concerning this matter, you may contact me at:
Department of Public Works
City of South Bend
227 West Jefferson Blvd.
South Bend, IN 46601
This offer was made to owner(s):
on this % �' day of IA. , 2004
BY: Carl P. Littrell, P.E.
City Engineer
(", 0 b%A,"
ENGINEERING
ENVIRONMENTAL SERVICES
CENTRAL SERVICES
STREETS
WATERWORKS
CARL LITTRELL, P.E.
574/235-9251
JOHN J. DILLON, PH.D.
MATTCHLEBOWSKI
SAM HENSLF,Y
JOHN F. STANCATI
FAx 574/235-9171
574/277-8515
FAx 574/277-8980
5741235-9316
FAx 574/235-9007
574/235-9244
574/235-9322
FAx 574/235-9272
FAx 574/235-9728
If you decide to accept the offer of $6,770.00, sign your name below and mail this form
to the address indicated above. An additional copy of this offer has been provided for
your file.
ACCEPTANCE OF OFFER
I (We) the landowners) of the above describe property or interest in property, hereby
accept the offer of $ 6,770.00 made by the City of South Bend Indiana
on this
STATE OF
24th
COUNTY OF
day of August 20 04
MCDONAM'S CORPORATION
BY:
(owner)
Kenneth S. Shiner, Senior Counsel
C
(owner)
NOTARY'S CERTIFICATE
ILLINOIS )
DUPAGE SS:
)
Subscribed and sworn to before me, a Notary Public, this 24th day of
August
My Commission Expires:
Ellen L. Loess
, 20 04
(Signature)
(Printed) NOTARY PUBLIC
DuPage
(County of Residence)
McDonald's Corporation 2 of 2 July S, 2004
r
Z7,Y/116,104 /I
LEGAL DESCRIPTION - TEMPORARY RIGHT-OF-WAY
Situate in Portage Towrvhip, City of South Bend, St Joseph
County, Indiana
N A2E
Part of the East Half of the Northeast Quarter of Section 4 Township 37
North Rerga 2 East (Said 4-T37NA2E) more particuarty descnlbed as fonw,a:
Commencing at the Northeast comer of said Section 4 thence proceeding
South forty-five degrees ben minutes sawn saoonds West (S45'10'0TW
a distance of fifty-six and forty hundredths (56.40) feet to a point of Intersection
of the South right-of-way line of Elwood Avenue and the Wasl righl-of-way line
of Bendix Drive, thence South zero degrees zero minutes zero seconds
East (SD0'D0'00'E) along the West line of BerWa Drive a distance of four hundred
seventy-four and My hundredths (474 50) feet, thence South eighty-nine degrees
fifty-suc minutes fifty-one seconds West (S89'5651W a distance of fifteen and
eleven hundredths (15.11) feet to the place of beginning of this description; thence
North zero degrees zero minutes zero seconds Wast (NDD'00'DO'M a distance
of sixty-nine and ninety-eight hundredths (69-94) feel, thence South eighty nine
degrees fifty-two minutes zero seconds west (SB9852'OM a distance of
Twenty-three and no hundredths (23.00) feet thence South zero degrees zero
minutes zero sewnds East (S00'0000-E) a distance of sixty-nine and ninety�nirlo
hundredths (69499) feet thence North eighty-nine degrees fifty -am minutes fifty-one
seconds East (N89'56'51'E) a distance of twenty-three and no hundradtha (22.00)
feet to the point of beginning for this description and containing 1,509.65 square feel
(0. 0370 acres) subject to all legal highways and easements of record.
S89'S20 V4VIcDaral
Sf5'49'32W 35i.51' (
�I
�i
590'S
GRAPHIC SCALE
( IN FEET)
20 0 10 20 40 60
1:20
LINCOLN WAY WEST AND
BENDIX DRIVE
IMPROVEMENTS
MCDONALDS
N,,PdNO
rono-oo
�e caed�a ay
12ffAl KPS
r."gnt me
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0
EXyiel 014 "
f-5a'S7009V{A(c0aaids CaM-W 014
`Smmw-wsl'(BedddPhuDeed)
H8G57CTE.317.41'
APP. t
McDONALDS
(0.453 TOTAL ACRES)
s9a'oaoo�E-,sz2s
N000HM•29.37
\
T � sa9Sessw es
APP.e
APP. q
APP.R
SOUTH 9EN0 VENNRE
/ ME V4 Cortw of the
HE V4 of Sec 4 T314A2E
AP/ ,
/
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eoo o_ ) �
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IM
Sibm In Portage Tow WV. City of South Bend, St keeph
Canty, lndfans
Part of to East Had of the Northeset Quarter of Section 4 Township 37
North Range 2 Fast (Sect 4-T37N4t2E) more parboularty descabed as icinwa:
Commafcrq m the NonNeast caner (
of said Section 4 thence praoeedang
edistance Mi-six lorry (59 Not to aD nt ofintarsection
Of the South nghtaf-vray fro of Elwood Avenue and the West right-0f-rray lime
of Derfda Dave, t) ence South zero degrees zero minutes zero seconds
Earl (S00'00 W E) along the West ire of Benda Dave a distance of fax hundred
severity -four and iffy hundredths (474.50) feet. thertca South eighty-nine degrees
MtY-sic minuets Mtyans secoMs West (SU'5951'M) a dstanos of fifman and
seven hundredths (1511) feet to the place of beginning of this description: thence
North zero depress zees minutes zero sarands West (No0'00'W'm a demand
of soc*y ne and ninety-eight hundredths (19.M feat, thence South eghty4uns
degrees fdfy-" minutes zen seconds Worst (SM,52 w-m a dcrtance of
Twenty-dcee and no hundredths (23.00) feel thence South zero degrees zem
mvnubm zero seconds Fast (SOTOOOTE) a distance of sody.nlne and n"cfety-rfan
hundredths (69.99) feel. Nerve North elghty� degrees fifty -sot m,nuln iRycns
seconds Fast (NB9'5651'E) a distance of twenty-three and no hundredths (23.00)
feet to the polrd of beginning to this desciptim and conbadzg 1,500.65 m"m fed
A 0370 acres) set d to all legal higtwwp and easements of record
GRAPHIC SCALE
(IN FEET)
20 D 10 2D 40 w
1:20
LINCOLN WAY WEST AND
BENDIX DRIVE
IMPROVEMENTS
MCDONALDS
00110.ao
DO Cdd By
,west KPS
RF
cwroe moon