HomeMy WebLinkAboutagenda item 2015 0813 rdc 05a1Department of
Community Investment
Memorandum
August 13, 2015
TO:
FROM:
SUBJECT:
South Bend Redevelopment Commission
David Relos, Economic Resources <J/r·
Release of Right of Entry and Temporary Easement Agreement
In August 2006, Waggoner Farms Development granted a Right of Entry and Temporary
Easements to the Board of Public Works and Redevelopment Commission. These were
granted for the construction of Dylan Drive and a temporary retention basin within Portage
Prairie, now known as Ameriplex at Interstate 80/90.
With the recent new development at Ameriplex, these items are showing up on title work,
and since they are no longer needed by either the Board of Public Works or the
Commission, this document will release both items.
The Board of Public Works is expected to approve this on Tuesday, August 11.
Staff requests approval of this Release of Right of Entry and Temporary Easement
Agreement.
227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 I P: 574-235-9371 I FAX: 574-235-9021 I SOUTH BEN DIN.GOV
ITEM: 5.A.(1)
RELEASE OF RIGHT OF ENTRY AND TEMPORARY EASEMENT AGREEMENT
WHEREAS, on August 1, 2006, Waggoner Farms Development, L.P. and Waggoner's
Dairy Farms, Inc. (the "Grantors") granted right of entry and temporary construction easements
to the City of South Bend, Indiana, as recorded in the Office of the Recorder of St. Joseph
County on August 14, 2006, as Instrument No. 0634981 (the "Right of Entry") and Instrument
No. 0634982 (the "Temporary Easement Agreement"), respectively, to construct improvements
to the Grantors' property now known as Dylan Drive and its associated bike path and landscape
strip and a separate storm water drainage facility west of and adjacent to Dylan Drive.
WHEREAS, the Right of Entry and the Temporary Easement Agreement granted rights
for entry to the property described in
Exhibit A and Exhibit B, respectively, during the
construction of the roadway and infrastructure, landscaping and bike path and a temporary storm
water drainage facility; and
WHEREAS, the Grantors have granted by deed of dedication the right of way for Dylan
Drive and infrastructure; and
WHEREAS, the City of South Bend has completed Dylan Drive and infrastructure, bike
path and landscape strip, fulfilling the Right of Entry agreement; and
WHEREAS, the City of South Bend in cooperation with Holladay Properties and other
successors and assigns of the Grantors has completed drainage improvements that make use of
the temporary storm water facility unnecessary; and
NOW, THEREFORE, the City of South Bend hereby releases the ~asements granted in
the Right of Entry and the Temporary Easement Agreement, with the intent that both may be
forever extinguished.
IN WITNESS WHEREOF, the City of South Bend by and through its Board of Public
Works and the South Bend Redevelopment Commission have signed this Release Of Right Of
Entry And Temporary Easement Agreement to be effective this _day of , 20_
1
ATTEST:
Linda M. Martin, Clerk
STATE OF INDIANA
COUNTY OF ST. JOSEPH
)
)
)
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
Gary Gilot, Member
David Relos, Member
Elizabeth Maradik, Member
Brian Pawlowski, Member
James Mueller, Member
SS:
Before me, the undersigned, a Notary Public in and for said County and State, this __
day of 2015, personally appeared
__________________________ , personally known
to me as the of the South Bend Board
of Public Works, and acknowledged the execution of the foregoing Release Of Right Of Entry
And Temporary Easement Agreement for and on behalf of the South Bend Redevelopment
Commission.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal.
(SEAL)
__________ ,Notary Public
Resident of _____ County, __ _
My commission expires:
2
ATTEST:
Donald E. Inks, Secretary
STATE OF INDIANA
COUNTY OF ST. JOSEPH
)
)
)
SOUTH BEND REDEVELOPMENT
COMMISSION, for and on behalf of the
City of South Bend, Indiana, Department of
Redevelopment
By:
Marcia I. Jones, President
SS:
Before me, the undersigned, a Notary Public in and for said County and State, this __
day of , 2015, personally appeared Marcia I. Jones and Donald E. Inks,
personally known to me as the President and Secretary, respectively, of the South Bend
Redevelopment Commission, the governing body of the City of South Bend, Indiana,
Department of Redevelopment, and acknowledged the execution of the foregoing Release Of
Right Of Entry And Temporary Easement Agreement for and on behalf of the South Bend
Redevelopment Commission.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal.
(SEAL)
__________ ,Notary Public
Resident of _____ County, __ _
My commission expires:
This instrument was prepared by Benjamin J. Dougherty, Assistant City Attorney, 1200 S. County-City Building, 227 W. Jefferson Blvd., South
Bend, Indiana 46601.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required
by law. Benjamin J. Dougherty.
1800.0000006 36900584.002
3
Exhibit A
LEGAL DESCRIPTJON -DYLAN DRIVE EXTENS1 ON
A PA~T OF THE NORTH\.VEST QUARTER OF SECTION 17, TOWNSHIP 38 NORTH. RANGE 2 EAST. GERMAN
TOWNSHIP. ClTY OF SOU1H BE.ND. ST. JOSEPH COUNTY, lNDlANA, MORE: PARTlCULARL Y Dk:$CRIBED AS
FOLLO'NS~
COMMENCING AT THE NORiHWE:ST CORNER OF SAID NORlHWE:ST QUARTER. SA\D CORNER BE'.iNG
MARKED BY A HARRISON MONUMENT; THENCE SOUTH 89 DEGREES 55 MINUTES 03 SECONDS EAST,
ALONG THE NORTH LINE OF THE NORTHVv'EST QUARTER OF SAID SECllON 17, SAID UNE AS BEING WE
CENTERLINE OF ADAMS ROAD, A DISTANCE OF 607.05 FEET; 1HENCE SOUTH 00 DEGREES 04 MINUTES
56 SECONDS WEST, A DISTANCE OF 20.00 FEET TO 1HE: POINT OF BEGINNING; THE'.NCE SOU11i 89
DEGREES 55 MINUTES 03 SECONDS. EAST. A DISTANCE: OF 24,3.34 FEET; lHENCE SOUTH 79 DEGREES
39 MINUTES 44 SECONDS WEST. A DISTANCE 83.89 FEET TO 1HE POINT OF CURVATURE OF A
TANGENT CURVE, CONCAVE SOUTHEAST, HAVJNG A RADIUS OP 41.00 FEET, BEING SUSTENDE:D BY A
CHORD SEARING SOUTH 45 DEGREES 15 MINUTES 26 SECONDS \VEST HAVING A DISTANCE OF -4-6.~3
FEET~ THENCE: SOUTHW£S1t:RL Y ALONG SAlO CURVE. A DISTANCE: OF 49.24 FEET TO THE: POINT OF
CURVA1URE OF A REVERSE CURVE. CONCAVE NORTHWEST. HAVING A RADIUS OF 735.00 FEET. 8EJNG
SUBTENDED SY A CHORD BEARfNG SOUTH 21 DEGRE£S 31 MINUTES 14-SECONDS WEST HAVING A
DISTANCE: OF 271.61 F'EET: THENCE SOUTHWESTERLY ALONG SAID CURVE. A DtSTANCE: OF 273.18
FE:E.T; lliENcE SOUTH 32 DEGREES 10 MINUTES 05 SECONDS WEST, A DISTANCE OF 140.63 FEET TO
THE POINT OF CURVATURE OF A TANGENT CURVE. CONCAVE SOUTI-iEAST. HAVING A RADIUS OF
665.00 FEET. BEING SUBTENDED BY A CHORD BEARING SOUTH 15 DEGREES 57 MINUTES 15 SECONDS
WEST HAVING A DISTANCE OF .371.37 fEETi THENCE SOUTHWESTERLY ALONG SAID CURVE. A
DISTANCE Or 375.37 FEET; THENCE SOU11i 00 DEGREE;S 15 MINUTES 35 SE.'.CONDS EAST~ A DISTANCE
OF 1864.70 FEET TO lHE SOUTH LINE OF THE NORTHWEST QUARTER Of SAID SECTION 17. SAlD LINE:
ALSO BEING THE NORTH LINE OF TI-IE U.S. 31 INDUS1RtA.L PARK SUBDIVlSION: THENCE NORTH 69
DEGREES 57 MINUTES 13 SECONDS WEST ALONG SAID SOUTH LTNE; A DlSTANCE OF 70.{)0 FEET;
THENCE NORTH 00 DEGREES 15 MINUTES 35 SECONDS WEST, A DISTANCE OF 1854.33 FEET TO THE
POINT OF CURVATIJRE OF A TANGENT CURVE. CONCAVE SOUTI-!EAST. HAVING A 'RADIUS OF 735.00
FEET, BEING SUBTENDED BY A CHORD BEARING NORTH 15 DEGREES 57 MINUTES 15 SECONDS EAST
HAVING A DISTANCE OF 410.46 f'E:E:T; THENC!t. NORTHEASlERLY ALONG SAlD ClJRVE, A DISTAHCE OF
415.99 FEET; 'THENCE NORTH 32 OEGREES 10 MINUl£S 05 SECONDS EAST, A DISTANCE OF H0.63
FEET TO THE POINT OF CURVATURE OF A TAl'JGENT CURVE'., CONCAVE NC~1HW€ST. HAVING A RADIUS
OF 685.00 FEET. BEING SUBTENDED BY A CHORD BEARING NORTH 22. DEGREES 51 MINUTES .'.38
SE'.CONDS EAST HAVING A DISTANCE OF 2_15.11 FEET: THENCE NORlHEASTERLY ALONG SATO CURVE, A
DISTANCE OF 216.06 FEET TO THE POINT OF CURVATURE -or A COMPOUND CURVE, CONCAVf:
SOU111WEST. HAVING A RADIUS OF 41,00 FEET. BEING SUBTENDED BY A CHORD BEARING NORTH 38
DEGREES 01 MINUTES 37 SE:CONOS Yv'EST HAVING A DISTANCE OF 64.24 FEE::T; 1HE'.NCE
NORTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 73.82 FEET: THENCE NORTH 89 DEGREES 36
MINUTES 24-SECONDS WEST; A DISTANCE 13.02 FEET TO AN EASTERLY RIGHT-Of'-WAY SHOWN ON
INDOT Pl.ANS f'DR PROJECT ST-F'-720(25), DATED 1969 (U.S. 20/31 BYPASS); THENCE NORTH 00
DEGRgES 04 MJNUTES 56 SECONDS EAST ALONG SAID ·RJGHT-OF"-WAY, A DISTANCE; .OF 14.52 FE:ET
TO THE POINT OF BEGINNING; SAID DESCRIBtD lRACI CONTAINING 4.408 ACRES. MOR~ OR Li:;;ss.
SUB.JECT TO ALL EASEMENTS, COVENANTS, RES1RIC110NS. AND RIGHT-OF'-WAY OF RE:CO~O.
Exhibit B
F ARCEL 1-.TEMPORARY CONSTRUCTION EASEI\.D:NT -UTILITIES AND NON-
VElllCULAR PATH
A PART OF THE NORTHWEST QUARTER OF SECTION 1711' TOWNSHIP 38 NORTH,
RANGE 2 EAST, GERMAN TOWNSIDP, CITY OF SOUTH BEND:-ST. JOSEPH COUNTY,
INDIANA MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NOR1HWEST
QUARTER, SAID CORNER BBJNG MARKED BY A HARR.ISON MONUMENT;
THENCE SOUTH 89 DEGREES 55 MINUTES 03 SECONDS EAST, ALONG THE
NORTH LINE OF SAID NORTHWEST QUARTER1 A DISTANCE OF 607.05 FEET
TO THE POINT OF BEGlNNING; THENCE CONTINUING SOUTH 89 DEGREES 55
~S 03 SECONDS EASTll' A DISTANCE OF 243.34 FEET; THENCE SOUTH
00 DEGREES 04 MINUTES S7 SECONDS WEST, A DISTANCE OF 20.00 FEET TO
THE SOUTH RIGHT OF WAY LINE OF ADAMS ROAD; TIIBNCE SOUTH 79
DEGREES 39 MINUTES 44 SECONDS WEST .. A DISTANCE -OF 54.59 FEET TO
TIIB POlNT OF CURVATIJRE OF A NON~TANGENT CURVEll' CONCAVE
NORTHWEST,. HAVING A RADIUS OF 790.00 FEET, BEING SUBTENDED BY A
CHORD LENGTH OF 339.82 FEET BEARING SOUTH 19 DEGREES 44 Jv.lINUTES
54 SECONDS WEST; TIIBNCE ALONG SAID CURVE .. A DISTANCE OF 342.49
FEET; TIIENCE SOUTH 32 DEGREES 10 1v.lJNUTES 05 SECONDS WEST, A
DISTANCE OF 140.63 FEET TO THE POil'IT OF CURVATURE OF A TANGENT
CURVE, CONCAVE SOUTHEAST,, HAVJNG A RADIUS OF 610.00 FEET> BEING
SUBTENDED BY A CHORD LENGTH OF 340.65 FEET, BEARING SOUTH 15
DEGREES 57 :MINUTES 15 SECONDS WEST; THENCE ALONG SAID CURVE, A
DISTANCE OF 345.24 FEET; THENCE SOUTH 00 DEGREES 15 :MINUTES 35
SECONDS EAST, A DISTANCE OF 1864.99 FEET TO TIIB SOUTH LINE OF SAID
NORTHWEST QUARTER; THENCE NOR'.IH 89 DEGREES 57 MINUTES 13
SECONDS WEST1 ALONG SAID SOUTH Lil'IBio A DISTANCE OF 185.00 FEET;
THENCE NORTH 00 DEGREES 15 1'1INUTES 35 SECONDS WEST, A DISTANCE
OF 1864.01 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE11
CONCAVE SOUTHEAST" HAVING A RADIUS OF 795.00 FEET, BEING
SUBTENDED BY A CHORD LENGTH OF 443.97 FEET, BEARING NOR'IH 15
DEGREES 57 !vllNUTES 15 SECONDS EAST; THENCE ALONG SAID CURVE_, A
DISTANCE OF 449.95 FEET; THENCE NORTH 32 DEGREES 10 :MINUTES 05
SECONDS BAST, A DISTANCE OF 140.63 FEET TO THE POINT OF CURVATURE
OF A TANGENT CURVE, CONCAVE NORTHWEST, HAVING A RADJUS OF
605.00 FEET, BEThlG SUBTENDED BY A CHORD LENGTII OF 139.19 FEET,
BEARING NORTII 25 DEGREES 33 WNUT.BS 45 SECONDS EAST; THENCE
ALONG SAID CURVE, A DISTANCE OF 139.50 FEET TO THE SOUTH LINE OF
RIGHT OF WAY TAKING FOR US 31 BYPASS (ST. JOSEPH VALLEY
PARKWAY); THENCE NORTII 86 DEGREES 17 MINUTES 21 SECONDS EAST,
ALONG SAID RIGHT OF WAY, A DISTANCE OF 21.61 FEET; THENCE NORTH
00 DEGREES 04 MINUTES 56 SECONDS EAST, ALONG SAID RIGHT OF WAY, A
DISTANCE OF 124.51 FEET TO THE POINT OF BEGJNNING;
EXCEPTING THEREFROM THAT PART OF THE NORTHWEST QUARTER OF SECTION
17,. TOWNSHIP 38 NORTH,, RANGE 2 EAST, GERMAN TOWNSID:P> CITY OF SOUTH
BEND> ST. JOSEPH COUNTY, INDIAN~ MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COM:rv.ffiNCJNG AT THE NORTHWEST CORNER OF SAID NORTHWEST
QUARTER,. SAID CORNER BEING MARKED BY A HARRISON MONUMENT;
THENCE SOUTH 89 DEGREES 55 MlNUTES 03 SECONDS RAST., ALONG THE
NORTII LThffi OF THE NORTHWEST QUARTER OF SAJD SECTION 17, A
DISTANCE OF 607.05 FEET; THENCE SOUTH 00 DEGREES 04 l'vfiNUTES 56
SECONDS WEST, A DISTANCE OF 20.00 FEET TO TIIB -.POINT OF BEGINNJNG;
THENCE NORTH 89 DEGREES 55 MINUTES. 03 SECONDS WEST, A DISTANCE
OF 243.34 FEET; THENCE SOUTH 79 DEGREES 39 MINUTES 44 SECONDS
WEST, A DISTANCE 83.89 FEET TO THE POINT OF CURVATURE OF A
TANGENT CURVE, CONCAVE SOUTHEAST, HAVING A RADIUS OF 41.00
FEET, BEING SUBTENDED BY A CHORD BEARING OF SOUTH 45 DEGREES 16
MINUTES 01 SECONDS WEST HAVING A DISTANCE OF 46.32 FEET; '!HENCE
ALONG SAID CURVE A DISTANCE OF 49.23 FEET TO THE POINT OF
CURVATURE OF A TANGENT CURVE,. CONCAVE NORTHWEST~ HAVING A
RADIUS OF 735.00 FEET, BEING SUBTENDED BY A CHORD BEA,R.JNG OF
SOUTH 21 DEGREES 31 MINUTES 14 SECONDS WEST HAVING A DISTANCE
OF 271.61 FEET; THENCE ALONG SAID CURVE A DISTANCE OF 273.18 FEET;
THENCE SOUTH 32 DEGREES 10 1M.JNUTES 05 SECONDS WEST,. A DISTANCE
OF 140.63 FEET TO TIIB POINT OF CURVATURE OF A TANGENT CURVE,.
CONCAVE SOUTHEAST, HAVlNG A RADIDS OF 665.00 FEET, BEIN"G
SUBTENDED BY A CHORD BEARING OF SOUTH 15 DEGREES 57 'MINUTES 15
SECONDS WEST HAVING A DISTANCE OF 371.3 7 FEET; THENCE ALONG SAID
CURVE A DISTANCE OF 376.37 FEET; TI!ENCE SOUTH 00 DEGREES 15
1v1INUTES 35 SECONDS EAST, A DISTANCE OF 1~864.70 FEET TO THE SOlITH
LJNE OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE NORTH
89 DEGREES 57 MINUTES 13 SECONDS WEST ALONG SAID SOUTH LINE, A
DISTANCE OF 70.00 FEET; THENCE NORTH 00 DEGREES 15 MINUTES 35
SECONDS WEST~ A DJ.sTANCE OF 1,864.33 FEET TO THE POINT OF
CURVATURE OF A TANGENT CURVE~ CONCAVE SOUTHEAST, HAVING A
RADIUS OF 735.00 FEET, BEING SUBTENDED BY A CHORD BEARIN"G OF
NORTH 15 DEGREES 57 MINUTES 15 SECONDS EAST HAVING A DISTANCE
OF 410.46 FEET; THENCE ALONG SAID CURVE A DISTANCE OF 415.99 FEET;
THENCE NORTH 32 DEGREES 10 M.JNUTES 05 SECONDS EAST) A DISTANCE
OF 140.63 FEET TO THE :POINT OF CURVATURE OF A TANGENT CURVE,
CONCAVE NORTHWEST, HAVING A RADIUS OF 665.00 FEET, BEING
SUBTENDED BY A CHORD BEARING OF NORTH 22 DEGREES Sl MINUTES 38
SECONDS EAST HA VrNG A DISTANCE OF 215 .11 FEET; THENCE ALONG SAID
CURVE A DISTANCE OF 216.06 FEET TO THE POINT OF CURVATURE OF A
TANGENT CURVE. CONCAVE SOUTHWEST, HAVING A RADIUS OF 41-00
FEET~ BEING SUBTENDED BY A CHORD BEARING OF NORTH 38 DEGREES 01
MlNUTES 37 SECONDS EAST HAVING A DISTANCE·OF 64.24 FEET; TA'.ENCE
ALONG SAID CURVE A DISTANCE OF 73.82 FEET; THENCE NORTH 89
DEGREES 36 1v.1JNUTES 24 SECONDS WEST, A DISTANCE 13.02 FEET TO AN