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HomeMy WebLinkAbout#3245- Deed; PERMANENT UTILITY EASEMENT Commencing at the Northwest Corner of the Northwest quarter of section 31 as evidenced by a Contton Gin Spindle...8114/2008 Permanent Utility Easement 23-1r'-V 16505 LOT NO. SUB: Zielinski, At & Nancy 1302 E.Jackson Road Description: Commencing at the Northwest Corner of the Northwest quarter of section 31 as evidenced by a Contton Gin Spindle; thence south 00 deg. 12' 16" wst (basis of bearings) on the west line of the west half of section 31, a distance of 493.93 feet; thence south 9 Payee: ACC-QU�-,.F,ITS VOUCHER Department: Public Works — Engineeri Mr. Al X. Zielinski Mrs. Nancy A. Zielinski 1302 East Jackson Road South Bend, Indiana 46614 f Account Number: Vendor Number: Project Number: 645--0623--665-66-11 106--087 Phone: 574.235.9251 Federal Excise Tax Exemption 35-6001201 ie ie r. a4xarr eE Sc it aF ie se �r ie it �k:E�'e ie is ie ie hdc ie xa'c �t :k yl-ie �c �'c Indiana State Tax Exemption 6103-502-538-0-011 Purchase Order No. Date Due: An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. I hereby certify that the attached invoice(s), or bill(s), is(are) true and correct and that the materials or services thereon for which charge is made were ordered and received except: -5/2- 7 Signature (Department Head or Designee Title I hereby certify that the attached invoice(s), or bill(s) is(are) true and correct and I have audited same in accordance with IC 5-11-10-1.6. , 20 for Controller's Office Approved by State Board of Accounts for City of South Bend - 2000" 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, JNDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC STORKS September 5, 2008 Mr. & Mrs. Al and Nancy Zielinski 1302 East Jackson Road South Bend, Indiana 46614 RE: Permanent Utility Easement Key No: 23-1020-116505 Dear Mr. and Mrs. Zielinski: PHONE 5741 235-9251 FAx 5741235-9171 TDD 5741235-5567 The Board of Public Works recorded the above referred to Permanent Utility Easement with the 5t. Joseph County Recorder's Office on August 14, 2008. A copy is enclosed for your records. If you have any questions, }Tease call me at (574) 235-9251. Sincerely, Linda M. Martin, Clerk Enclosure GARYA, GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER SALES DISCLOSURE FORM State Form 46021 (11817-08) Prescribed by Depariment of Local Government Fmince Pursuant to IC6-1.I-5.5 `f PRIVACY NOTICE: The tcic hone numbers of the p.irLies oil tbi 9RT To tie co3npteted by-'BEJYER/GftAiVTEE'aild SELLI PROI?ERTYTRANSFERRED -MUST 13E CONVEYED ONA I. Property Number Check box if applicable to parcel A.J 3 - �(� 2 Q ' i 5- [� 2. Split ❑ 3. Land ❑ 4.Improvement 7. Legal Description ofparcel A. 2. Split ❑ 3. Land ❑ 4. Improvement 7. Legal Description of Parcel R, n�rec nuacnnai ac din t ICG-1-]-5.5-3 /GRANTOR NGLE CONVEYANCE D000MI 5. Complete Address of Property /3c--;2 fast _ictc ;B.:CONDITIONS IDENTIFY ALL'MAT APPLY - If conditions 1-11 apply, filers are subject to disclosure and a disclosure filing fee. YES NO CONDITION ❑] I. A transfer of real property interest for valuable consideration. ❑ 2. Buyer is an adjacent property owner. ❑ [ 3. Vacant land. ❑ ® 4. Exchange for other real property ("Trade"). ❑ 5. Seller paid points. (ProWdcthe Value'rublcChem 12.) ❑ ® 6. Change planned in the primary use of the property? (Describe in special circumstances in Toblc C Item 3.) ❑ Q 7. Existence of family or business relationship between buyer and seller. (compieteTablecltem.i.) ❑ 0 S. Land contract. Contract term (Yy): and contract date (A6%f1DD/Y-M: ❑ 0 9. Personal property included in transfer. (Provide thevalue Table C Item 5.) ❑ 0 10. Physical changes to property between March 1 and date of sale. (Describe inspeciarcimumstanccs in Table Citem 3,) ® ❑ 11. Partial interest. (Describe in special circumstances in Table C Item 3.) If apply, filers conditions 12-I5 are subject to disclosure, but no disclosure filing fee. YES NO CONDITION ❑ 12. Document for compulsory transactions as a result of foreclosure or express threat of foreclosure, divorce, court order, judgment, condemnation, or probate, ❑ 13, Documents involving the partition of land between tenants in common, joint tenants, or tenants by the entirety. [ ❑ 14. Transfer to a charity, not -for -profit organization, or government. ❑ 1S. Easements or right-of-way grants. SDF ID County Year Ualque fD SDF Date: T �, «r 6. Complete Tax Billing Address (if different from property address) C,.;SALES•"DATA -DISCLOSE VALUE OF ITEMS. LISTED IN TABLE:B; ITEMS 1.15 1. Conveyance date ihl.kt1DD/YYM: ^ �l L i-/ZX (f / 2. Total number of parcels: 3. Describe any unusual or special circumstances related to this sale, including the specification of any less -than -complete ownership interest and terms of seller financing. -v YES NO CONDITION ❑ © 4. Family or business relationship existing between buyer and seller? Amountofdiscount: $ Disclose actual value In money, property, a service, an agreement• or other consideration, 5. Estimated value of personal roe $ 6. Sales rice: $A 96 YES NO CONDITION ❑ ® 7. Is the seller financing sale? If yes, answer questions (8-13). ❑ Q 8. Is buyer/borrower personally liable for loan? ❑ Q 9. Is this a mortgage loan? 10. Amount of loan: $ 11. Interest rate: % 12. Amount inpoints: $ 13. Amortizationperiod: INDIANA SALES DISCLOStIRE FORM SDF ID: Z2_ 7 (,_ _,g-(±�1`l'r'�i�•� IS �VeI.>•G Tftle Address(NumberandStreet) Gt� Company' City State, an d37P Code ✓ J�`7 — Z . S�.0 ..7- L_( _ -Z 3 r f Z�J /� Telephone Number E-mail Seller I -Name as appears on conveyance document -- _. Address (Number and Street) SQL-t-� Re, �J _rev 4 (0 G i q City, State, and ZIP Code Se:Ier 2 -;.ama "'-rear. an canv yunce docume - 1:30 z Address (Number and Street) City, State, and ZIP Code 7'ele pane Number E-mail Tele hone Number E-mail Under penalties of perjury, I hereby certify that this Sales Disclosure, to the best of my knowledge and belief, is tru%-CPrrect: •. and complete as required by law, and is prepared in accordance with IC 6-1.1-5.5, "Real Property Sales Disclosure •. • •' Signature of Seller Printed Name of Seller F. BUYERS .GRANTEl CI f '4� sci.'ih Buyer - Name as appears on Signature of Seller Sion Date (M,Sf/DD/yyM Printed Name o(Seller — APPLICATION FOR DEDUCTIONS AND CREDITS - Ii)RNTltav n I:r. LTA rur.c •rxrn r n aot v document �L Buyer 2 -Nome as appears on conveyance document Address (Number and Street) City, State, and ZIP Code r�.C. c-tna+t Tele hone Number THE SALES DISCLOSURE, FORM MAYBE USED TO APPLY FOR CERTAIN DEDUCTIONS FOR THIS PROPERTY. IDENTIFY ALL OF THOSE YES NO CONDITION THAT APPLY. ❑ © 1. Will this property be the buyer's primary YES ❑ NO ❑ CONDITION 3. Homestead residence? Provide complete address of primary ❑ residence, including county: ❑ 4. Solar Energy Heating/Cooling System ❑ ❑ S. Wind Power Device Address(NumberandStreetJ ❑ ❑ 6. Hydroelectric Power Device C1ty,StateZIPCode County El❑ 7•Geothermal Energy Heating/Cooling Device ❑ 2. Does the buyer have a homestead to be vacated for ❑ ❑ 8• Is this property a residential rental property? this residence? if yes, provide complete address of residence vacating, including county: Address (Number and Street) E-mail Under penalties of perjury, I hereby certify that this Sales Disclosure, to the best of my knowledge and belief, is true, correct and complete as required by law, and is prepared in accordance with 1C 6-1.1-5.5, "Real Property Sales Disclosure Act". Signature of Buyerl Signature of Buyer2 Printed Name of Buyerl Sign pate [Mdf/DD/mYj Printed Nome ofBuyer2 Date INDIANA SALES DISCLOSURE FORM SDF: ID: 1'Ai12T�2.�:co'UlvrY`5scssoR'�" Page 3 The county assessor must verify and compfete items I through 14 and scamp the sales disclosure form before sending to the auditor: L Property Z. AVLand 3.Avimprovemeor 4. Value ofpersonal 5. AV Total Pro c G. Property 7. Neighborhood H. Tex D(s trlct A) Class Code Code 9.Acreage B.) Assessor Stamp 10. Identify physical changes to property between March 1 and YES NO CONDITION date ofsale. ❑ ❑ 11. Is form Completed? ❑ ❑ 12. Sales Fee required? 13. Date of sale (MM/DD/yyry); 14. Date form received (mm/oD/YYYY): I _ Items 1S through III are to be com feted by the assessor when vaildat ing this sale_ 15. Ifapplicable, identify any additional special circumstances relating to validation of sale, — PART 3 - CQUNTY AUDITOR Auditor Stamp T_r isclosure fee amount collected: ther Local Fee:otal Fee Collected: 5.Auditor receipt book number: _ 5. Date of transfer (wi/Do/rrvrl: YES NO CONDITION ❑ ❑ 16. Sale valid for trending . . ❑ ❑. .17. Valtdatlon ofsale complete? 18. Validated by. YES NO CONDITION ❑ ❑ 6. Is form completed? ❑ ❑ 7. Is fee collected? ❑ ❑ S. Attachments complete? PART 4 - RECEIPT FOR STATEMENT OF CREDIT/DEDUCTION OFASSESSED:YALUATION SDFID SDFDate(AfM1f/DD1yyM BuyerI - Name as appears on conveyance document Parcel Number Address of Property (Number and Streer) List the deductions for which the Sales DiSC10Sure Form is application: City, State, and ZIP Code of Property Auditor Signature Date (bI M/DD/YYM A person who knowingly and intentionally falsifies value of transferred real property, or omits or falsifies any information required to be provided in the sales disclosure form commits a Class C felony, Font `n�� 7 axa (Rev.November20D5) E6i1?�6'i$o�'6ur,�L 11 yet, n=� Department of the Troa s'y �U� IV GA6u�f� u �i l��t;.11 ��f li. 110�4�c�i l.il d9�U internal Rnvenvo Service ni Name fas shown on your income tax return) m m �- Business name, if ciffferent from above c 0 a to 17 0 ❑ IncilvidustV Check appropriate box: sole proprietor n Address (number, street, and apt. or suite no.) a o City, .fate, and ZIP code a List account number(.) here (optional) m v� Give form to the requester. Po not send to the IRS, ❑ Corporation ❑ Partnershlp ❑ Other o _ _ Exempt from backup withholding Requester's name and address (optional) Identification Number City of South Bend Department of Public Works south Bend, In 46601 Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid social security number backup withholding. For Individuals, this is your social security number ISSN). However, for a resident I alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it Is your employer identification number (FIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer Identification number number to enter. I I I I I I , t;ertifl cation Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that 1 am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notifled me that i am no longer subject to backup withholding, and 3. i am a V.S. person (including a U.S. resident alien). Certification Instructions. You must cross out item 2 above if you have been notifled by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement ORA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sign I signature of %y ` Here I U.S. nerson W.l Iol"i a A i/lA Purpose of Form t' t%. A person who is required to file an Information return with the IRS, must obtain your correct taxpayer identification number (TiN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TiN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. In 3 above, if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. For federal tax purposes, you are considered a person if you are: Date ► J— 7-07 • An Individual who Is a citizen or resident of the United States, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or • Any estate (other than a foreign estate) or trust. See Regulations sections 301.7701-6(a) and 7(a) for additional information. Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States Is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev. 11-2005) 1316 COUNTY -CITY BIALDING 227 W, JEFFER50N BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574l235-9171 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKF, MAYOR DEPARTMENT OF PUBLIC WORKS GAuv A. GILoT, P.E. DIRECTOR OF PUBLIC WORKS TO: Mr. Al X. Zielinski PROJECT: North Falls Church Court Mrs. Nancy A. Zielinski Drainage Improvement 1302 East Jackson Road PARCEL: 1 South Bend, Indiana 46614 ROAD: N/A COUNTY: St. Joseph The City of South Bend, Indiana is authorized by Indiana law to obtain your land and/or an easement across your land for certain public purposes. The City of South Bend, Indiana believes that it may need your land fora public drainage improvement loro'ect, described or known as the North Falls Church Court Drainage Improvement Project and would like to purchase the land and/or easement as described on the attached legal description. Per our discussions with you, the City of South Bend, Indiana offers you $3,500.00 and the rights to the remains of the Walnut Tree in the rear of the yard (if the tree is removed during construction) for the above -described property and/or easement. Within the next two (2) weeks, we ask that you formally accept or reject this offer. 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 easement, 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. Any improvements or items within the proposed easement, which you are responsible for moving, must be removed within 30 days of the date, you are paid. At the end of that 30- day period, any items remaining on the right-of-way become encroachments. Pursuant to Indiana law, the City of South Bend, Indiana has the right to remove any encroaclunents from its right-of-way after giving the owner proper notice. Further, any cost incurred by the City while removing such items will be assessed to the owner. Even if the City is acquiring a fee simple interest in your property, you will be responsible for all taxes due and owing on the property and any 2007 pay 2008 taxes assessed on the property prior to our ownership of it. By law, you do not have to accept this offer, and you have the right to seek advice of an attorney, real estate appraiser or any other person of your choice on this matter. By accepting this offer you acknowledge that the compensation you are receiving is just compensation and are waiving any rights you may have to your compensation based upon .ENGINEERING ENv]RONMENTAL SERVICES CENTRAL SERVICES STREETS WATERWORKS CARL DTTRELL, P.E. joliN J. DILLON, PH.D. MATT CHLEBOWSIG SAM HENSLEY JOHN E STANcAn 574/235-9251 574/277-8515 574/235-9316 574/235-9244 574/235-9322 FAx 574/235-9171 FAx 574/277-8980 FAx 574/235-9007 FAx 5741235-9272 FAx 574/235-9728 1316 COUNTY -CITY BU]LDING \ i PHONE 5741235-9251 227W. JEFFERSON BOULEVARD W �\\p�'C`� y^ FAX 574/ 235-9171 SOUTH BEND, INDIANA 46601-1830 d \� "�` �� TDD5741235-5567 CITY OF SOUTH BEND STEPHEN J. L.uECKE, MAYOR DEPARTMENT OF PUBLIC WORKS GARY A. GIL.OT, P.E. DIRECTOR OF PUBLIC WORKS TO: Mr. Al X. Zielinski Mrs. Nancy A. Zielinski 1302 East Jackson Road South Bend, Indiana 46614 PROJECT: North Falls Church Court Drainage Improvement PARCEL: 1 ROAD: N/A COUNTY: St. Joseph The City of South Bend, Indiana is authorized by Indiana law to obtain your land and/or an easement across your land for certain public purposes. The City of South Bend, Indiana believes that it may need your land for a public drainage improvement project, described or known as the North Falls Church Court Drainage Improvement Project and would like to purchase the land and/or easement as described on the attached legal description. Per our discussions with you, the City of South Bend, Indiana offers you $3,500.00 and the ri hts to the remains of the Walnut Tree in the rear of the yard if the tree is removed during construction) for the above -described property and/or easement. Within the next two (2) weeks, we ask that you formally accept or reject this offer. 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 easement, 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. Any improvements or items within the proposed easement, which you are responsible for moving, must be removed within 30 days of the date, you are paid. At the end of that 30- day period, any items remaining on the right-of-way become encroachments. Pursuant to Indiana law, the City of South Bend, Indiana has the right to remove any encroachments from its right-of-way after giving the owner proper notice. Further, any cost incurred by the City while removing such items will be assessed to the owner. Even if the City is acquiring a fee simple interest in your property, you will be responsible for all taxes due and owing on the property and any 2007 pay 2008 taxes assessed on the property prior to our ownership of it. By law, you do not have to accept this offer, and you have the right to seek advice of an attorney, real estate appraiser or any other person of your choice on this matter. By accepting this offer you acknowledge that the compensation you are receiving is just compensation and are waiving any rights you may have to your compensation based upon ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES STREETS WATERWORKS CARL LITTRELL, PP. JoHN J. DILLON, PH.D. MATT CHLEBOWSKI SAM 1-IENSLEY JoHN F. STANCATI 574/235-9251 574/277-8515 574/235-9316 574/235-9244 574/235-9322 FAX 574/235-9171 FAX 574/277-8980 FAx 5741235-9007 FAX 5741235-9272 FAx 574/235-9728 a formal appraisal of the subject real estate. By accepting this offer you are further agreeing to execute the necessary conveyance instruments to complete the transaction contemplated in this letter. This is not a notice of Uniform Property or Easement Offer required to start the condemnation process under Indiana Code § 32-24. If you have any questions concerning this matter, you may contact me at: Division of Engineering 1316 County -City Building 227 West Jefferson Blvd. South Bend, IN 46601 (574) 235-5998 If you decide to accept the offer of $3 500.00 and the rights to the remains of the Walnut Tree in the rear of the yard (if the tree is removed during, construction made by the City of South Bend, Indiana, sign your name below in the presence of a notary. We have also enclosed the following documents for your review and execution, which if indicated, may also need to be executed in the presence of a notary: 1. City of South Bend Accounts Payable Voucher; 2. Taxpayer Identification Number Request; and 3. Permanent Easement (Must be notarized). If more convenient to you, please feel free to give me a call to schedule an appointment where we can review the documents with both of you and have one of our staff members notarize them for you. Otherwise, please send one completed copy of this letter and the other enclosed documents to the address indicated above. An additional copy of this letter has been provided for your file. If you have any questions, please feel free to give me a call. I am sending this letter to you in my capacity as Assistant City Engineer for the City of South Bend. Sincerely, Jason J. Durr, P.E. Assistant City Engineer City of South Bend Page 2 of 3 ACCEPTANCE OF OFFER I (We) the landowners of the above describe property or interest in property; hereby accept the offer of 53,500.00 and the rights to the remains of the Walnut Tree in the rear of the yArd if the tree is removed during construction) made by the City of South Bend, Indiana on this �7 t' 01 day of1 6t , 2007. I (We) the landowner(s) enter into this agreement as a result of my (our) own free will and not as a result of any coercive action of any nature. BY: t r owner owner) NOTARY'S CERTIFICATE STATE OF �) SS: COUNTY OF ) J Subscribed and sworn to before me, a Notary Public, this day of 2007. My Commission Expires: ( giature) (Panted) NOTARY PUBLIC (County of Residence Page 3 of 3 CHECK RECEIPT ACKNOWLEDGEMENT I, Al and/or Nancy Zielinski a1302 East Jackson Road, South Bend, Indiana 46614, am in receipt of a check from the City of South Bend numbered 370704 in the amount of Three Thousand Five Hundred and 00/100 ($3,500.00) for the purposes of a Permanent Utility Easement for the portion of my property formerly described as: An easement located in the northwest quarter of section. 31, township 37 north, range 3 east of the second principal meridian, Centre Township, St. Joseph County, Indiana being more particularly described as follows: Commencing at the Northwest corner of the northwest quarter of section 31 as evidenced by a cotton gin spindle; thence south 00° 12' 16" west (basis of bearings) on the west line of the west half of section 31, a distance of 493.93 feet; thence south 90°57'25" east a distance of 999.06 feet to the southwest corner of a parcel of land described in deed document #9108346, being the point of beginning; thence north 00°02'41" west on the west line of said parcel a distance of 20.00 feet; thence south 89°57'25" east a distance of 176.00 feet to the east line of a Parcel of land described in deed document #9108346; thence south 00°02'41" east on said east line a distance of 20.00 feet to the south line of a parcel of land described in deed document #9108346; thence north 89°57'25" west on said south line a distance of 176.00 feet to the point of beginning. Easement contains 0.0808 acres more or less. 1. 4AanVb4razncY Zielinski %- / A Date of Receipt Witness 'ignature f r izJze.� x� �a+jl �AI-6clj Witness Pri ted Name CHECK RECEIPT ACKNOWLEDGEMENT I, Al and/or Nancy Zielinski a1302 East Jackson Road, South Bend, Indiana 46614, am in receipt of a check from the City of South Bend numbered 370704 in the amount of Three Thousand Five Hundred and 00/100 ($3,500.00) for the purposes of a Permanent Utility Easement for the portion of my property formerly described as: An easement located in the northwest quarter of section 31, township 37 north, range 3 east of the second principal meridian, Centre Township, St. Joseph County, Indiana being more particularly described as follows: Commencing at the Northwest corner of the northwest quarter of section 31 as evidenced by a cotton gin spindle; thence south 00112' 16" west (basis of bearings) on the west line of the west half of section 31, a distance of 493.93 feet; thence south 90°57'25" east a distance of 999.06 feet to the southwest corner of a parcel of land described in deed document #9108346, being the point of beginning; thence north 00°02'41" west on the west line of said parcel a distance of 20.00 feet; thence south 89°57'25" east a distance of 176.00 feet to the east line of a parcel of land described in deed document #9108346; thence south 00°02'41" east on said east line a distance of 20.00 feet to the south line of a parcel of land described in deed document 99108346; thence north 89°57'25" west on said south line a distance of 176.00 feet to the point of beginning. Easement contains 0.0808 acres more or less. 74Aan or�D �ancyZielinski Witness ignature �a'4-A —6an'IC-15. Witness Pri ted Name ZLc- / Date of Receipt DATE 08/04/08 19901 ZZELINSKI AL CHECK NUMBER 370704 ACCOUNTS PAYABLE FUND TRI=A ci lbr!!!!r, _.-_ -- _ —— '—--—__—-——— — — —— Ut1A',HSEFOREUS;NG TOTAL AMOUNT $****3,500.00 .1 e.. r; •...— —— ——--————--- -— C=:- _ L�_� 1-L :i1_ =f�zr _r ��:- rI _L`7 - - _ - lam.-. --- _ C,O�TIi e APPROVED Br THE STATE BOARD OF ACCOUNTS ` 9� T 11 i1:.i! ECG FOR CITY OF SOUTH BEND. 1972 TREASURER OF CITY OF SOUTH BEND 370704 SOUTH BEND, INDIANA THIS CHECK VOID Two YEARS AFTER DECEIABER 31 OF THE YEAR OF ISSUE 1855 PAY THREE THOUSAND FIVE HUNDRED AN D 00/100 DOLLARS TO THE AL ZIELINSKI ORDER 1302 E JACKSON RD OF SOUTH BEND IN 46614 1ST SOURCE SANK SOUTH BEND, INDIANA FUND CHECK NUMBER DATE MO. DAY I YEAR 370704 08/04/08 �r 3 71-12121712 DOLLARS cer:rs $****3,500.00 11°:'s70?01-:1� °07tr2�PIaBG ',3!, 0aLceirou 1316 COUNTY -CITY EIMUDING 227NV JEFF,ERsav BOULt-VARC) SOUTH BENE6, INWANA 46601-1830 DATE 08/04/03 Zggpz ZIELINSKI AL ACCOUNTS PAYABLE FUND ITEM DESCRIPTION Easement Acquisition Plio�r 574/ 235-9251 FAx 5741235-9171 TREASURER OF CITY OF SOUTH BEND INVOICE NUMBER PO NUMBER VENDOR # INVOICE DATE 19901 05/27/08 CHECK NUMBER 370704 SOUTH BEND, 1NDIANA NET AMOUNT *****3,500.00 DETACH BEFORE USkNG TOTAL AMOUNT $ * * * * 0 , 5 0 0_ 00 _ — — REMITTANCE VOUCHER _ - _ APPROVED F SOU STATE END. 19 2 OF ACCOUNTS SOUTH BEND, 1972 370704 i FOR CITY OF FOR SOUTH 6 TREASURER OF CITY OF SOUTH BEND BEND, THIS CHECK VOkD TWO YEARS AFTER OECUABER 31 QF SOUTH THE YEAR OF ISSUE ..� / ,e l III r8ss 71-12121712 1ST SOURCE BANK SOUTH BEND, INDIANA � THREE THOUSAND FIVE HUNDRED AN DATE FUND CHECK NUMBER MO. DAY YEAR DOLLARS cEr+Ts PAY D 00/100 DOLLARS 370704 08/04/08 $**'`*3 r 500 .00 TO THE AL ZIELINSKI ORDER 1302 E JACKSON RD OF SOUTH BEND IN 4 6 614L, c: �,-.% A �-5 D /4fCs Gl Z4 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR .DEPARTMENT OF PUBLIC WORKS GARY A. GiLOT, P.E. DI RECTOR OF PUBLIC WORKS July 22, 2008 Mr. and Mrs. Al and Nancy Zielinski 1302 East Jackson Road South Bend, Indiana 46614 RE: Storm Sewer Easement Acquisition Dear Mr. & Mrs. Zielinski: PHONE 5741235-9251 FAx 574/235-9171 TDD 574! 235-5567 Enclosed please find the original of the Sales Disclosure Form required to record the Permanent Utility Easement for the above referred to project. Please sign the form and retw-n it to our office in the enclosed self-addressed stamped envelope as soon as possible. We vvilI return a copy of the recorded Easement once it is received back from the Recorder's office. Thank you in advance for your cooperation. Please call me at (574) 235-9251 with questions. Sincerely, Carl P_ LIttrell, P.E. City Engineer Enclosures ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES CARL LITrRELL, P.E. JoHN J. DILLON, N.D. MATT CHLEBOWSKI 574/235-9251 574/277-8515 574/235-9316 FAX 574/235-9171 FAx 574/277-8980 FAX 574/235-9007 STREETS ,SA,m HENSLEY 574/235-9244 FAx 574/235-9272 WATERWORKS JOHN F. STANCAn 574/235-9322 FAx 574/235-9728 PERMANENT UTILITY EASEMENT (Storm Sewer) THIS INDENTURE, made this 7�ay of , 2007 by and between Al X. bein over the age of eighteen (1$) Zielinski and Nancy A. Zielinski, (collectively, the "G e" ), g years, of St. Joseph County, Indiana (hereinafter "Grantee WITNESSETH: That for One Dollar ($1.00) and other good and valuable consideration, the receipt of which Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a permanent easement of the nature and at the location hereinafter set forth and described for the installation, construction, operation, maintenance, adjustment, replacement, repair, alteration, removal, modernization, and use of utility systems, including a storm sewer, a sanitary sewer system, a water system, other similar utility systems and related facilities, together with the right of ingress to and egress from said easement for said purposes including the use and transportation of equipment or facilities incident thereto, in, upon, over and under the real estate in the City of South Bend, St. Joseph County, State of Indiana, more particularly described at Exhibit A. The easement granted herein shall pertain to the air, surface, and subsurface rights and interests of the Grantor, for the use and benefit of the Grantee, and its successors, successors in interest and assigns, to the nature and extent Grantee may desire said rights and interests to accomplish and carry out the general purpose o f this conveyance as the same has been hereinabove expressed. The easement hereby granted expressly includes the right and privilege at reasonable times to clean and remove from said easement such timber, brush, debris or obstructions interfering with the utility systems in said easement. The Grantee shall restore the land disturbed by its work to as near the original conditions as is reasonably practicable; provided however, that the Grantee shall not be responsible for restoring (or compensating anyone for) improvements or obstructions damaged by the utility systems or the actions or omissions of Grantee (or caused by the Grantee) related to its design, use, maintenance, repair, replacement or access of its utility systems or related to its additional use of its rights granted hereunder or otherwise. The Grantor reserves the right to use and occupy the surface area on and over the easement Page 1 of 4 A I5T)/ZeloW Z/// provided that said use and occupancy does not in any way conflict or obstruct the Grantee's right to use said surface, in the Grantee's sole opinion, for the purpose and intentions hereinabove expressed. The easement granted herein and its associated benefits and obligations, shall constitute covenants running with the real estate, and shall be binding upon the Grantor and be an obligation thereof of every person or entity now or hereafter having any fee, leasehold, or other interest in all or any part of the said real estate. This indenture shall bind and inure to the benefit of the respective successors and assigns of the parties hereto. The Grantor hereby covenants with Grantee that it has lawfully seized and is possessed of the parcel of real estate hereinabove described; that it has a good and lawful right to sell and convey; and that it will warrant and forever defend the title and quiet possession thereto against the lawful claims of all persons whomsoever. Grantor hereby releases any and all claims from whatsoever cause, incidental to the exercise of any rights herein granted. The most recent Deed of record is dated March 29, 1991 and was recorded on April 9, 1991 in the Office of the Recorder of St. Joseph County, Indiana as Instrument No. 91 d8346. (remainder of page intentionally left blank) Page 2 of 4 5 .1,716, tW 7/// W WITNESS WHEREOF, the undersigned have executed this Permanent Utility Easement on the date first se rth bov . Al X. Zielinski Nancy A. ielins STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared Al X. Zielinski and Nancy A. Zielinski, and, under oath, acknowledged the execution of the foregoing Permanent Utility Easement. IN TI ESS REOF, I have hereunto subscribed my name and affixed my official seal on the day of , 2007. (SEAL) 41147a 2- 2, ��- L . L= , Notary Public Residing in St. Joseph County, Indiana Prepared by Shawn E. Peterson, Assistant City Attorney I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. (name)�.� Page 3 of 4 c it 170, t -/ 7/ / , ACCEPTANCE The City of South Bend, by and through its Board of Public Works, accepts this Permanent Utility Easement. Dated this )- 1— day of Attest: le k 200'3. STATE OF II, DLkN A ) )SS: COUNTY OF ST JOSEPH ) CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WQRKS Gary Gi1ot -��f� Carl ittrell D n Inks Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Gary Gilot, Carl Littrell, and Don Inks, the members of the City of South Bend, Board of Public Works, and acknowledged the acceptance of the foregoing Permanent Utility Easement. IN WITNESS WHEREOF, I have herhesidin.- bscribed my name and affixed my official seal on .�� 2007. ublic i e n �� inMy Commission Expires: r prepared by Shawn E. Peterson, Assistant City Attorney I arm, under the penalties ofperjury, that I have taken reasonable care to redact each Social Security number in this document, unless required bylaw, (name) Page 4 of. 4 r, Fl - . I / EXHIBIT A Legal Description of Permanent Utility Easement n 17- / -71 EASEMENT "C® SKETCH for THE TROYER GROUP, INC- THE 3 EASl SECTION 31, TOWNSHIP 37 NORTH, CE NTRE TOWNSHIP, ST.JOSEPH COUNTY, IND1ANA ►i NW.COR., NV64' SEC.31 -T37N-R3E (F) SPINDLE P.O.C. Nog 02'41 "W • 20�OD'� S89'57'25"E !•— h 999.06'(C) P.O. B_ ELEANOR B_ KEB, TRUSTEE OF THE ELEANOR B. KEB REVOCABLE LIVING TRUST DOC.# 9946978 / 34 I SCALE: 1"=50' AL X. ZIELINSKI AND NANCY A. ZIELINSKI DOCI 9108345 S89'57'25"E -/ N89'57'25"W 176.00' %%/7 . JOHN CHRISTIAN KAEHR AND ALBERTA L. KAEHR DOC.# 0343846 35 FAIRFAX/ESTATES SECTION 2 BOOK 26, PG. F W.LlNE, WY2 SEC.31 —T37N — R3E SW.COR., SWYa SEC.31-T37N-R3E (F) RR. SPIKE 17 6.00' Ii J O Q Q D � ❑Q� Ln D Z w D -j ca z S00-02'41 E �20.00' I MARK B. LEPPER \ DOC.# 0325611 41 �co EASEMENT 'C' SKETCH TERRITORIAL ENGINEERING, WALKER ON �� INDIANA 11/29/06 1-06187 SECTION 1 of 1 -- 1-7 �.. . PROPOSED DESCRIPTION FOR EASEMENT "C" AN EASEMENT LOCATED IN THE NORTHWEST QUARTER OF SECTION 31. TOWNSHIP 37 NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CO1vIIS2ENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 31 AS EVIDENCED BY A COTTON GIN SPINDLE; THENCE SOUTH 00012'16" WEST (BASIS OF BEARINGS) ON THE WEST LINE OF THE WEST HALF OF SECTION 31, A DISTANCE OF 493.93 FEET; THENCE SOUTH 89057'25" EAST A DISTANCE OF 999.06 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED DOCU-MENT # 9108346, BEING. THE POINT OF BEGINNING; THENCE NORTH 00°02'41" WEST ON THE WEST LINE OF SAID PARCEL A DISTANCE OF 20.00 FEET;. THENCE SOUTH 89°57'25" EAST A DISTANCE OF 176.00 FEET TO THE EAST LINE OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT # 9108346; THENCE SOUTH 00°02'41" EAST ON SAID EAST LINE A DISTANCE OF 20.00 FEET TO THE SOUTH LINE OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT # 9108346; THENCE NORTH 89057'25" WEST ON SAID SOUTH LINE A DISTANCE OF 176.00 FEET TO THE POINT OF BEGINNING. EASEMENT CONTAINS 0.0808 ACRES MORE OR LESS. TERRITORIAL ENGINEERD\'G, LLC WALKERTON, INDIANA NOVEMBER 29, 2006 06-187 SHEET 1 OF 1 SpUT!! 8 OFFICE OF THE CONTROLLER AND BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM „65 Date May 19, 2008 Department Engineering BPW Date May 26, 2008 Phone 5937 Name Carl Littrell o Legal ® Attorney Name: Cheryl Greene V o Controller ❑ Controller review is required for all Contracts $5,000.00 or more and greater than one � O o year in length per the City Purchasing Policy a� P-4 pa Other Appropriate ❑ Other, as appropriate: V.) Reviewers rA a� 'o o� Type of Item ❑ Contract/Agreement ❑ Proposal ❑ Addendum ❑ Claim ® Easement/Encroachment ❑ Resolution ❑ Traffic Control Device ❑ Other: ----------------- ----------------------------------------- -------------------------------- - Company or Vendor Name MIM A. Zielinski and Ms. Bonnie Bejma Hosinski Project Name Fairfax Estates Area Draina e Im rovements Project Number (Engineering) 108-014 Amount Purpose/Description Terms of Contract: Type of Item $3500 Funding Source bond issue Accept easement for sewer in rear yards of two property owners adjacent to the improvement area. ------------------------------------------------------------------------------------------ Compensation for Zielinski is $3500 cash. Compensation Bejma is installation of sewer lateral to serve remainder of that property: ............ ❑ Advertise ❑ Bid Opening❑ Bid Award ❑ Quote Opening ❑ Quote Award ❑ Title Sheet ❑_Other Company Name Project Name Project Number (Engineering) Contract/Project Amount Funding Source i Type of Item ❑ Chg Order El C/O & PCA PCA Other: --------------------------------------- -------------- E 2 Contractor/Consultant Name i1 Project Name O Project Number (Engineering) PO Number obb Amount of ❑Increase ❑Decrease $ Funding Source I Original Contract/Project Amount $ Current Percent of Change: 1 U New Contract/Project Amount $ Total Percent of Change: E Purpose/Description: List Name, Dept., Address (if appropriate) of who should receive document ^� Copy Original ❑ ❑ �Q ❑ ❑ 1316 COUNTY -CITY BUILDING - 227 W JEFFER$ON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKF-, MAYOR DEPARTMENT OF PUBLIC WORKS GARY A. GIILOT, P.E. DIRECTOR OF PUBLIC WORKS TO: Ms. Bonnie Bejma 1236 East Jackson Road South Bend, Indiana 4661.4 PHoNE5741235-9251 FAx 5741235-9171 TDD 5741235-5567 PROJECT: North Falls Church Court Drainage Improvements PARCEL: 3 ROAD: N/A COUNTY: St. Joseph The City of South Bend, Indiana is authorized by Indiana law to obtain your land and/or an easement across your land for certain public purposes. The City of South Bend, Indiana believes that it may need your land for a public drainage improvement project, described or known as the North Falls Church Drainage Im rovement Project and would like to purchase the land and/or easement as described on the attached legal description. Per our discussions with you, the City of South Bend, Indiana offers you a six (6) inch sanitm sewer hook-uo from the public sewer in the rear of your yard to your septic tank an eight 8 foot wood privacv fence on the south 'Propelly line and the rights to the remains of the trees removed on your propeLty for the above -described property and/or easement. In the event the City is required to remove the fence in order to access the easement the removed fence materials will be delivered to the property owner, and it will be the property owner's responsibility to re -install the fence. Within the next two (2) weeks, we ask that you formally accept or reject this offer. If you accept this offer, you may expect the improvements to be completed by the end of the year, and provided there are no difficulties in clearing liens or other problems with title to the land. Possession will be required within 30 days of execution of this document. Any improvements or items within the proposed right-of-way, which you are responsible - for moving, must be removed within 30 days of the date, you are paid. At the end of that 30-day period, any items remaining on the right-of-way become encroachments. Pursuant to Indiana law, the City of South Bend, Indiana has the right to remove any encroachments from its right-of-way after giving the owner proper notice. Further, any cost incurred by the City while removing such items will be assessed to the owner. Even if the City is acquiring a fee simple interest in your property, you will be responsible for all taxes due and owing on the property and any 2007 pay 2008 taxes assessed on the property prior to our ownership of it. By law, you do not have to accept this offer, and you have the right to seek advice of an attorney, real estate appraiser or any other person of your choice on this matter. By ENGINEERING ENVIRONNMNTAL SERVICES CENTRAL SERVICES STREETS WATERWORKS CARL L ITTRELL, P.E. JOHN J. DILLON, PH.D. MATT CHLEBOWSKI SAm HENSLEY JOHN E STANcA-n 574/235-9251 574/277-8515 574/235-9316 574/235-9244 574/235-9322 FAx 574/235-9171 FAx 574/277-8980 FAx 574/235-9007 FAx 574/235-9272 FAx 574/235-9728 - -7 _ . / ­7 . accepting this offer you acknowledge that the compensation you are receiving is just compensation and are waiving any rights you may have to your compensation based upon a formal appraisal of the subject real estate. By accepting this offer you are further agreeing to execute the necessary conveyance instruments to complete the transaction contemplated in this letter. This is not a notice of Uniform Property or Easement Offer required to start the condemnation process under Indiana Code § 32 24. If you have any questions concerning this matter, you may contact me at: Division of Engineering 1316 County -City Building 227 West Jefferson Blvd. South Bend, IN 46601 (574) 235-5998 If you decide to accept the offer of a sanitary sewer hook-up from the public sewer in the rear of your yard to your septic tank an eight 8 foot wood privacy fence on the south property line, and the rights to the remains of the trees removed on your property made by the City of South Bend, Indiana, sign your name below in the presence of a notary. We have also enclosed the following documents for your review and execution, which if indicated, may also need to be executed in the presence of a notary: 1. City of South Bend Accounts Payable Voucher; 2. Taxpayer Identification Number Request; and 3. Permanent Easement (Must be notarized). If more convenient to you, please feel free to give me a call to schedule an appointment where we can review the documents with you and have one of our staff members notarize them for you. Otherwise, please send one completed copy of this letter and the other enclosed documents to the address indicated above. An additional copy of this letter has been provided for your file. If you have any questions, please feel free to give me a call. I am sending this letter to you in my capacity as Assistant City Engineer of the City of South Bend. Sincerely, Jason J. Durr, P.E. Assistant City Engineer City of South Bend Page 2 of 3 - r7 . / / I , ACCEPTANCE OF OFFER I (We) the landowner(s) of the above describe property or interest in property, hereby accept the offer of a sanitqu sewer hook-up from the ublic sewer in the rear of our and to your septic tank an ei ht 8 foot wood rivac fence on the south ro ert line and the rights to the remains of the trees removed--O-n--Y-O--u-r--P-r-O-P—e-rt-Y made by the City of South Bend, Indiana on this day of 2007. I (We) the landowner(s) enter into this agreement as a result of my (our) own free will and not as a result of any coercive action of any nature. BY: (o er) C (owner) NOTARY'S CERTIFICATE STATE OF SS: COUNTY OF ) Subscribed and sworn to before me, a Notary Public, this Z . ! day of My Commission Expires: -��4 )6'v (Signature) (Printed) NOTARY PUBLIC (County of Residence) Page 3 of 3 1316 COUNTY -CITY BUILDING 227 W JEFFERSON Boui vARD 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 TO: Mr. Al X. Zielinski Mrs, Nancy A. Zielinski 1302 East Jackson Road South Bend, Indiana 46614 PHONE 5741235-9251 FAx 5741235-9171 TDD 574! 235-5567 PROJECT: North Falls Church Court Drainage Improvement PARCEL: 1 ROAD: N/A COUNTY: St. Joseph The City of South Bend, Indiana is authorized by Indiana law to obtain your land and/or an easement across your land for certain public purposes. The City of South Bend, Indiana believes that it may need your land for a public drainage improvement project, described or known as the North Falls Church Court Drainage Improvement Project and would like to purchase the land and/or easement as described on the attached legal description. Per our discussions with you, the City of South Bend, Indiana offers you $3,500.00 and the rights to the remains of the Walnut Tree in the rear of the yard if the tree is removed during,construction for the above -described ro ert and/or easement. Within the next two (2) weeks, we ask that you formally accept or reject this offer. 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 easement, 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. Any improvements or items within the proposed easement, which you are responsible for moving, must be removed within 30 days of the date, you are paid. At the end of that 30- day period, any items remaining on the right-of-way become encroachments. Pursuant to Indiana law, the City of South Bend, Indiana has the right to remove any encroachments from its right-of-way after giving the owner proper notice. Further, any cost incurred by the City while removing such items will be assessed to the owner. Even if the City is acquiring a fee simple interest in your property, you will be responsible for all taxes due and owing on the property and any 2007 pay 2008 taxes assessed on the property prior to our ownership of it. By law, you do not have to accept this offer, and you have the right to seek advice of an attorney, real estate appraiser or any other person of your choice on this matter. By accepting this offer you acknowledge that the compensation you are receiving is just compensation and are waiving any rights you may have to your compensation based upon ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES STREETS WATERWORKS CARL Ln7RELL, P.E. JOHN J. DILLON, PH.D. MATT CHLEBOWSKI SAM HENSLEY JOHI,., F. STANCAn 5741235-9251 5741277-8515 5741235-9316 5741235-9244 574/235-9322 FAx 574/235-9171 FAx 574/277-8980 FAx 574/235-9007 FAx 574/235-9272 FAx 574/235-9728 1316 COUNTY -CITY .BUILDING 227 W. JEFFERSoN BouLEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 5741235-9251 FAx 5741235-9171 TDD 5741 235-5567 CITY OF SoLTfH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS TO: Mr. Al X. Zielinski Mrs. Nancy A. Zielinski 1302 East Jackson Road South Bend, Indiana 46614 GARY A. GILOT, P.E. DIRECTOR OF PUBLIC WORKS PROJECT: North Falls Church Court Drainage Improvement PARCEL: I ROAD: N/A COUNTY: St. Joseph The City of South Bend, Indiana is authorized by Indiana law to obtain your land and/or an easement across your land for certain public purposes. The City of South Bend, Indiana believes that it may need your land for a public drainage improvement project, described or known as the North Falls Church Court Drainage Improvement Pro'ect and would like to purchase the land and/or easement as described on the attached legal description. Per our discussions with you, the City of South Bend, Indiana offers you $3,500.00 and the rights to the remains of the Walnut Tree in the rear of the yard if the tree is removed during construction) for the above -described property and/or easement. Within the next two (2) weeks, we ask that you formally accept or reject this offer. 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 easement, 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. Any improvements or items within the proposed easement, which you are responsible for moving, must be removed within 30 days of the date, you are paid. At the end of that 30- day period, any items remaining on the right-of-way become encroachments. Pursuant to Indiana law, the City of South Bend, Indiana has the right to remove any encroachments from its right-of-way after giving the owner proper notice. Further, any cost incurred by the City while removing such items will be assessed to the owner. Even if the City is acquiring a fee simple interest in your property, you will be responsible for all taxes due and owing on the property and any 2007 pay 2008 taxes assessed on the property prior to our ownership of it. By law, you do not have to accept this offer, and you have the right to seek advice of an attorney, real estate appraiser or any other person of your choice on this matter. By accepting this offer you acknowledge that the compensation you are receiving is just compensation and are waiving any rights you may have to your compensation based upon ENGINEERING ENVIRONMENTAL SERVICES CENTRALSERVICES STREETS WATERWORKS CARL Lrr-FRELL, P.E. JOHN J. DILLON, Mi.D. MATT CHLEBOWSKI SAM HENSLEY JomN F STANCAn 574/235-9251 574/277-8515 5741235-9316 574/235-9244 574/235-9322 FAx 574l235-9171 FAx 574/277-8980 FAx 5741235-9007 FAx 574/235-9272 FAx 574/235-9728 a formal appraisal of the subject real estate. By accepting this offer you are further agreeing to execute the necessary conveyance instruments to complete the transaction contemplated in this letter. This is not a notice of Uniform Property or Easement Offer required to start the condemnation process under Indiana Code § 32-24. If you have any questions concerning this matter, you may contact me at: Division of Engineering 1316 County -City Building 227 West Jefferson Blvd. South Bend, IN 46601 (574) 235-5998 If you decide to accept the offer of $3 500.00 and the rights to the remains of the Walnut Tree in the rear of the yard if the tree is removed during construction made by the City of South Bend, Indiana, sign your name below in the presence of a notary. We have also enclosed the following documents for your review and execution, which if indicated, may also need to be executed in the presence of a notary: 1. City of South Bend Accounts Payable Voucher; 2. Taxpayer Identification Number Request; and 3. Permanent Easement (Must be notarized. If more convenient to you, please feel free to give me a call to schedule an appointment where we can review the documents with both of you and have one of our staff members notarize them for you. Otherwise, please send one completed copy of this letter and the other enclosed documents to the address indicated above. An additional copy of this letter has been provided for your file. If you have any questions, please feel free to give me a call. I am sending this letter to you in my capacity as Assistant City Engineer for the City of South Bend. Sincerely, Jason J. Durr, P.E. Assistant City Engineer City of South Bend Page 2 of 3 a formal appraisal of the subject real estate. By accepting this offer you are further agreeing to execute the necessary conveyance instruments to complete the transaction contemplated in this letter. This is not a notice of Uniform Property or Easement Offer required to start the condemnation process under Indiana Code § 32-24. If you have any questions concerning this matter, you may contact me at: Division of Engineering 1316 County -City Building 227 West Jefferson Blvd. South Bend, IN 46601 (574) 235-5998 If you decide to accept the offer of $3,500.00 and the rights to the remains of the Walnut Tree in the rear of the yard (if the tree is removed during construction) made by the City of South Bend, Indiana, sign your name below in the presence of a notary. We have also enclosed the following documents for your review and execution, which if indicated, may also need to be executed in the presence of a notary: 1. City of South Bend Accounts Payable Voucher; 2. Taxpayer Identification Number Request; and 3. Permanent Easement (Must be notarized). If more convenient to you, please feel free to give me a call to schedule an appointment where we can review the documents with both of you and have one of our staff members notarize them for you. Otherwise, please send one completed copy of this letter and the other enclosed documents to the address indicated above. An additional copy of this letter has been provided for your file. If you have any questions, please feel free to give me a call. I am sending this letter to you in my capacity as Assistant City Engineer for the City of South Bend. Sincerely, Jason J. Durr, P.E. Assistant City Engineer City of South Bend Page 2 of 3 c it /7,�p - i i 'i i . ,m ACCEPTANCE OF OFFER I (We) the landowners of the above describe property or interest in property; hereby accept the offer of 3 500.00 and the rights to the remains of the Walnut Tree in the rear of the yard if the tree is removed duringt construction) made by the City of South Bend, Indiana on tht/ is f day of , 2007. I (We) the landowner(s) enter into this agreement as a result of my (our) own free will and not as a result of any coercive action of any nature. BY: r owner BY: C7 �'• owner) NOTARY'S CERTIFICATE STATE OF ,& Lug� ) ) SS: COUNTY OF ) Subscribed and sworn to before me, a Notary Public, this day of My Commission Expires: 2007. J�l�li] i f ( (Printed) NOTARY PUBLIC jj col s? n (County of Residence Page 3 of 3 RECORDED AS PRESENTED ON 08/14/2006 02:51:58PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $23.00 PAGES: 7 PERMANENT UTILITY EASEMENT (Storm Sewer) THIS INDENTURE, made this lay o.f , 2007 by and between At X. Zielinski and Nancy A. Zielinski, (collectively, the ' to ), being over the age of eighteen (18) years, of St. Joseph County, fndiana (hereinafter "Grantee" _ WITNESSETH: That for One Dollar ($1.00) and other good and valuable consideration, the receipt of which Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a permanent easement of the nature and at the location hereinafter set forth and described for the installation, construction, operation, maintenance, adjustment, replacement, repair, alteration, removal, modernization, and use of utility systems, including a storm sewer, a sanitary sewer system, a water system, other similar utility systems and related facilities, together with the right of ingress to and egress from said easement for said purposes including the use and transportation of equipment or facilities incident thereto, in, upon, over and under the real estate in the City of South Bend, St. Joseph County, State of Indiana, more particularly described at Exhibit A. The easement granted herein shall pertain to the air, surface, and subsurface rights and interests of the Grantor, for the use and benefit of the Grantee, and its successors, successors in interest and assigns, to the nature and extent Grantee may desire said rights and interests to accomplish and carry out the general purpose of this conveyance as the same has been hereinabove expressed. The easement hereby granted expressly includes the right and privilege at reasonable times to clean and remove from said easement such timber, brush, debris or obstructions interfering with the utility systems in said easement. The Grantee shall restore the land disturbed by its work to as near the original conditions as is reasonably practicable; provided however, that the Grantee shall not be responsible for restoring (or compensating anyone for) improvements or obstructions damaged by the utility systems or the actions or omissions of Grantee (or caused by the Grantee) related to its design, use, maintenance, repair, replacement or access of its utility systems or related to its additional use of its rights granted hereunder or otherwise. The Grantor reserves the right to use and occupy the surface area on and over the easement Page 1 of 4 provided that said use and occupancy does not in any way conflict or obstruct the Grantee's right to use said surface, in the Grantee's sole opinion, for the purpose and intentions hereinabove expressed. The easement granted herein and its associated benefits and obligations, shall constitute covenants running with the real estate, and shall be binding upon the Grantor and be an obligation thereof of every person or entity now or hereafter having any fee, leasehold, or other interest in all or any part of the said real estate. This indenture shall bind and inure to the benefit of the respective successors and assigns of the parties hereto. The Grantor hereby covenants with Grantee that it has lawfully seized and is possessed of the parcel of real estate hereinabove described; that it has a good and lawful right to sell and convey; and that it will warrant and forever defend the title and quiet possession thereto against the lawful claims of all persons whomsoever. Grantor hereby releases any and all claims from whatsoever cause, incidental to the exercise of any rights herein granted. The most recent Deed of record is dated March 29, 1991 and was recorded on April 9, 1991 in the Office of the Recorder of St. Joseph County, Indiana as Instrument No. 9108346. (remainder of page intentionally left blank) Page 2 of 4 IN W[TNESS WHEREOF, the undersigned have executed this Permanent Utility Easement on the date first se rth bov . Al X. Zielinski STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Nancy A. ielinsk Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared Al X. Zielinski and Nancy A. Zielinski, and, under oath, acknowledged the execution of the foregoing Permanent Utility Easement. IN WITNESS WtJEREOF, I have hereunto subscribed my name and affixed my official seal on the day of , 204d%. (SEAL) r , Notary Public Residing in St. Joseph County, Indiana Qta�gred by Shawn E. Peterson, Assistant City Attorney I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Security number in this dociunent, unless required by law. (name) Page 3 of 4 ACCEPTANCE The City of South Bend, by and through its Board of Public Works, accepts this Permanent Utility Easement. Dated this _�� day of * , 200$. Attest: le k STATE OF INDIANA ) )SS: COUNTY OF ST JOSEPH CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WQR%KS Gary Gilot Carl ittrell Ddn Inks Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Gary Gilot, Carl Littrell, and Don Inks, the members of the City of South Bend, Board of Public Works, and acknowledged the acceptance of the foregoing Permanent Utility Easement. IN WITNESS WHEREOF, I have her to subscribed my name and affixed my official seal , 2007. ' ot4y Public J e n ► ' 'a y Commission Expires:V811( esiding in S><.y 5"��� ✓ `� :. PT-6.&M 1 by Shawn E. Peterson, Assistant City Attorney . r i I a)firm, under the penalties ofperjury, that i ave taken r asonable care to redact each Social Security number in this document, unless required by law. (name) 'O W,91-\ Page 4 of 4 EXHIBIT A Legal Description of Permanent Utility Easement EASEMENT "°Cv SKETCH for THE TROYER GROUP, INC. SECTION 3111TOWNSHIP 37 NORTH, RANGE 3 EAS-1 CENTRE TOWNSHIP, ST.JOSEPH COUNTY, INDIANA 1 NW.COR., NW/4 SEC.31 -T37N-R3E ,,r-(F) SPINDLE P.O.C. N00'02'41 "W 20.00' S89'57'25"E 999.06'(C ELEANOR B. KEB, TRUSTEE OF THE ELEANOR 8, KEB REVOCABLE LIVING TRUST DOC.# 994697E / 34 I SCALE: 1 "=50' AL X. ZIELINSKI AND NANCY A. ZIELINSKI DOC.# 9108345 S89'57'25"E 176.00' %i'7/7T/T//77' TT/�/, N89'57'25"W 1 JOHN CHRISTIAN KAEHR AND ALBERTA L. KAEHR DOC.# 0343846 35 FAIRFAX/ ESTATES SECTION 2 BOOK 26, PG. F W.LINE, VJY2 SEC.31—T37N--R3E SW.COR., SWY4 SEC.31-T37N-R3E (F) RR. SPIKE S00'02141 "E J-20.00' I MARK B. LEPPER \ �` DOC.# 0325611 41 � GCS' � \ EASEMENT `C' SKETCH TERRITCRUL�EC GINEERING, �— WA�KER N INDIMA 11/99/06 1b06187 SECTION 1 of 1 PROPOSED DESCRIPTION FOR EASEMENT "C" AN EASEMENT LOCATED IN THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 37 NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 31 AS EVIDENCED BY A COTTON GIN SPINDLE; THENCE SOUTH 001,12'16" WEST (BASIS OF BEARINGS) NC OFS493ON THE FEET;LINE THENCE OF THE WEST HALF OF SECTION 31, A DIST SOUTH 89°57'25" EAST A DISTANCE OF 999.06 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT # 9108346, BEING THE POINT OF BEGINNING; THENCE NORTH 00°02'41" WEST ON THE WEST LINE OF SAID PARCEL A DISTANCE OF 20.00 FEET;. THENCE SOUTH 89057'25" EAST A DISTANCE OF 176.00 FEET TO THE EAST LINE OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT # 9108346; THENCE SOUTH 00°02'41" EAST ON SAID EAST LINE A DISTANCE OF 20.00 FEET TO THE SOUTH LINE OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT # 9108346; THENCE NORTH 89°57'25" WEST ON SAID SOUTH LINE A DISTANCE OF 176.00 FEET TO THE POINT OF BEGINNING. EASEMENT CONTAINS 0.0808 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA NOVEMBER 29, 2006 06-187 SHEET 1 OF 1 Q18Ef`i2121C=, RECORDED AS PRESENTED ON 08/14/2008 02:51:58,Pli Er LlTERRI 3. RETHLAKEST. RECORDERJOSEPH REC FEE: $23.00 PAGES: 7 PERMANENT UTILITY EASEMENT (Storm Sewer) THIS 1NDENTURE, made this 2ZIlay of , 2007 by and between Al X. Zielinski and Nancy A. Zielinski, (collectively, the "G nto being over the age of eighteen (19) years, of St. Joseph County, Indiana (hereinafter "Grantee" . WITNESSETH: That for One Dollar (S 1.00) and other good and valuable consideration, the receipt of which Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a permanent easement of the nature and at the location hereinafter set forth and described for the installation, construction, operation, maintenance, adjustment, replacement, repair, alteration, removal, modernization, and use of utility systems, including a storm sewer, a sanitary sewer system, a water system, other similar utility systems and related facilities, together with the right of ingress to and egress from said easement for said purposes including the use and transportation of equipment or facilities incident thereto, in, upon, over and under the real estate in the City of South Bend, St. Joseph County, State of Indiana, more particularly described at Exhibit A. The easement granted herein shall pertain to the air, surface, and subsurface rights and interests of the Grantor, for the use and benefit of the Grantee, and its successors, successors in interest and assigns, to the nature and extent Grantee may desire said rights and interests to accomplish and carry out the general purpose of this conveyance as the same has been hereinabove expressed. The easement hereby granted expressly includes the right and privilege at reasonable times to clean and remove from said easement such timber, brush, debris or obstructions interfering with the utility systems in said easement. The Grantee shall restore the land disturbed by its work to as near the original conditions as is reasonably practicable; provided however, that the Grantee shall not be responsible for restoring (or compensating anyone for) improvements or obstructions damaged by the utility systems or the actions or omissions of Grantee (or caused by the Grantee) related to its design, use, maintenance, repair, replacement or access of its utility systems or related to its additional use of its rights granted hereunder or otherwise. The Grantor reserves the right to use and occupy the surface area on and over the easement Page 1 of 4 provided that said use and occupancy does not in anyway conflict or obstruct the Grantee's right to use said surface, in the Grantee's sole opinion, for the purpose and intentions hereinabove expressed. The easement granted herein and its associated benefits and obligations, shall constitute covenants running with the real estate, and shall be binding upon the Grantor and be an obligation thereof of every person or entity now or hereafter having any fee, leasehold, or other interest in all or any part of the said real estate. This indenture shall bind and inure to the benefit of the respective successors and assigns of the parties hereto. The Grantor hereby covenants with Grantee that it has lawfully seized and is possessed of the parcel of real estate hereinabove described; that it has a good and lawful right to sell and convey; and that it will warrant and forever defend the title and quiet possession thereto against the lawful claims of all persons whomsoever. Grantor hereby releases any and all claims from whatsoever cause, incidental to the exercise of any rights herein granted. The most recent Deed of record is dated March 29, 1991 and was recorded on April 9, 1991 in the Office of the Recorder of St. Joseph County, Indiana as Instrument No. 9108')46. (remainder ofpage intentionally left blank) Page2of4 IN WITNESS WHEREOF, the undersigned have executed this Permanent Utility Easement on the date 4firstserth. bov_.GAl X. ZielinNancy A. ielinsk STATE OF INDIA.NA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared Al X. Zielinski and Nancy A. Zielinski, and, under oath, acknowledged the execution of the foregoing Permanent Utility Easement. IN "LESS REOF, I have hereunto subscribed my name and affixed my official seal on the day of , 2007. (SEAL) Notary .Public Residing in St. Joseph County, Indiana r Prepared by Shawn E. Peterson, Assistant City Attorney I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. (name) Page 3 of 4 ACCEPTANCE The City of South Bend, by and through its Board of Public Works, accepts this Permanent Utility Easement. lu Dated this __2:�-- day of , 200'Z� CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WQRKS r "y Gary Gilot r Carl ittrell Attest: le k STATE OF INDIANA ) )SS: COUNTY OF ST JOSEPH Din Inks Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Gary Gilot, Carl Littrell, and Don Inks, the members of the City of South Bend, Board of Public Works, and acknowledged the acceptance of the foregoing Permanent Utility Easement. IN WITNESS WHEREOF, I have here to subscribed my name and affixed my official seal on &44�, ota Public �,e a ✓ t , � r My Commission Expires: Vcq� I t Residingin S i • j.1 S f— A_d✓vz`(z) Prepared by Shawn E. Peterson, Assistant City Attorney I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required bylaw, (name) G l Q(�0r Page4of4 EXHIBIT A Legal Description of Permanent Utility Easement Q rr R EASEMENT "C' SKETCH for THE TROYER GROUP, INC. SECTION 31, TOWNSHIP 37 NORTH, RANGE 3 EAS-1 CENTRE TOWNSHIP, ST.JOSEPH COUNTY, IN®IANN to N O M L0 NW.COR., NV04' SEC.31 -T37N-R3E (F) SPINDLE P.O.C. M to w (n �Ln o Ldo z � Z Lj 0o mfl N00'02'41 "W 20.00' A S89'57'25"E 999.06'(C) P.O.B. ELEANOR B. KEB, TRUSTEE OF THE: ELEANOR B. KEB REVOCABLE LIVING TRUST DOC,# 9946978 / 34 t SCALE: 1 "=50' AL X. ZIELINSKI AND NANCY A. ZIELINSKI DOC.# 9108346 I,•- S89'57'25"E -/ N89'57'25"W 176.00' 7 %%;,/, 08 Ac. 1 76.00' W J ❑a Q Q N bi ¢�� �z Li J p Y I S00'02'41 "E �20.00' I JOHN CHRISTIAN KAEHR AND MARK 5. LEPPER "\ ALBERTA L. KAEHR DOC.# 0325611 DOC.# 0343846 I V 35 41 4, 'e. \ FAIRFAX/ ESTATES SECTION 2 BOOK 26, PG. F WINE, WY SEC.31 -T37N-R3E SW.COR., SO4 SEC.31-T37N-R3E (F) RR. SPIKE I l EASEMENT 'C' SKETCH TERRITORIAL ENGINEERING, WALKER N �C INMANA 11/29/06 11 06187 SECTION 1 1 of 1 PROPOSED DESCRIPTION FOR EASEMENT "C" AN EASEMENT LOCATED IN THE NORTHWEST QUARTER OF SECTION 31; TOWNSHIP 37 NORTH, RANGE STE OSEPH COLJNTY,3 AST OF THE COND INDIANAPRINCIPAL MERIDIAN, CENTRE TOWNSHIP, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMIl fiNC]NG AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 31 AS EVIDENCED BY A COTTON GIN SPINDLE; THENCE SOUTH 00012' 16" WEST (BASIS OF BEARINGS) ON THE WEST LINE OF THE WEST HALF OF SECTION 31, A DISTANCE OF 493.93 FEET; THENCE SOUTH 89°57'25" EAST A DISTANCE OF 999.06 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED INDEED DOCUMENT 4 9108346, BEING THE POINT OF BEGINNING; THENCE NORTH 00002'41" WEST ON THE WEST LINE OF SAID PARCEL A DISTANCE OF 20.00 FEET;. THENCE SOUTH 89057'25" EAST A DISTANCE OF 176.00 FEET TO THE EAST LINE OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT 9 9108346; THENCE SOUTH 00°02'41" EAST ON SAID EAST LINE A DISTANCE OF 20.00 FEET TO THE SOUTH LINE OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT # 9108346; THENCE NORTH 89057'25" WEST ON SAID SOUTH LINE A DISTANCE OF 176.00 FEET TO THE POINT OF BEGINNING. EASEMENT CONTA]NS 0.0808 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA NOVEMBER 29, 2006 06-187 SHEET 1 OF 1