HomeMy WebLinkAboutagenda item 2015 0827 rdc 05a2Department of
Community Investment
Memorandum
August 13, 2015
TO:
FROM:
SUBJECT:
South Bend Redevelopment Commission
David Relos, Economic Resources ~
Release of Right of Entry and Release of Temporary Easement Agreement
On August 13, 2015, the Commission approved a Release of Right of Entry and
Temporary Easement Agreement (Agreement). When this Agreement was presented to
the Recorder's Office for recording, we were informed they could not record it because it
was releasing two separate items, and we would need to do a release for each item. So
the items can be recorded, they are now two separate Releases.
As a summary, 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, these Releases will release bott) items.
The Board of Public Works is expected to approve the Release of Right of Entry on
Tuesday, August 25.
Staff requests approval of this Release of Right of Entry and Release of 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.(2)
RELEASE OF RIGHT OF ENTRY
WHEREAS, on August 1, 2006, Waggoner Farms Development, L.P. and Waggoner's
Dairy Farms, Inc. (the "Grantors") granted a right of entry to the City of South Bend, Indiana,
and the South Bend Redevelopment Commission (collectively, the "Grantees") as recorded in
the Office of the Recorder of St. Joseph County on August 14, 2006, as Instrument No. 0634981
(the "Right of Entry") 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 granted rights for entry to the property described in
Exhibit A 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 Grantees hereby release the easement granted in the Right of
Entry with the intent that it 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 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
for and on behalf of the South Bend Board of Public Works.
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 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.
4000.0000067 35438144.001
3
Exhibit A
LEGAL DESCRIPTION -DYLAN DRIVE EXTENSION
A PART OF THE NORTHWEST QUARTER OF SE:CTION 17, TOWNSHIP 38 NORTH, RANGE 2 EAST. GERMAN
TO\VNSHIP. CITY OF SOUTI-l BEND. ST. JOSEPH COUNTY, INDlANA, MORE PARllCULARLY DE:$CRIBED AS
FOLLO\tY'S:
COMMENCING AT THE NORTHWEST CORNER OF SAID NOR1HWEST QUAR1£R, SA\D CORNER BE.ING
MARKED BY A HARRfSON MONUMENT; THtNCE SOUTH 89 D.EGREE:S 55 MINUTE:S 03 SECONDS EAST,
ALONG THE NORTH LINE OF THE NORTHVVEST QUARTER OF SAID SECllON 17, SAID l.JNE AS BEING TI-IE
CENTERLINE OF ADAMS ROAD, A DISTANCE OF 607.05 FEET; iHE.NCE SOUiH 00 DEGREES 04 MINUTES
56 SECONDS WEST. A DISTANCE OF 20.00 FEET TO THE: POINT OF BEGINNING; rH£NCE soun-t 89
DEGREES 55 MINUTES 03 SE:CONDS. EAST, A DISTANCE: OF 243.34 FEET; IHENCE SOUTH 79 DEGREES
39 MINUTES 44 SECONDS WEST, A DISTANCE 83.89 FEET TO TI-1E POINT OF CURVATURE OF A
TANGENT CURVE, CONCAVE SOUTHEAST, HAVJNG A RADIUS OF 41.00 FEET, BEING SUSTENDE-0 BY A
CHORD BEARING SOUTH 45 DEGRE:ES 1S MINUTES 26 SECONOS Yr'EST HAVING A DISTANCE OF 46.~3
FEET; THENCE: SOUTHWtSTEHLY ALONG SAIO CURVE. A DISTANCE: OF 49.24 FECT iO 11-fE: POINT OF
CURVAllJRE OF A REVERSE CURVE~ CONCAVE NORTHWEST, HAVJNG A RADIUS OF 735.00 FEET, BEJNG
SUBTENDED BY A CHORD 8EAR£NG SOUTH 21 DE:GREE:S 31 MINUTES 14-SECONDS WEST HAVING A
DlSTANCE: OF 271.61 FEET: TI-lENCE SOUTHWESTERLY ALONG SAID CURVE. A DISTANCE OF 273.18
FEET; THENCE SOUTH 32 DEGRE:ES 10 MINUTE'S 05 SECONDS WEST, A DISTANCE OF 140.63 FEET TO
THE POINT OF CURVATURE OF A TANGENT CURVE. CONCAVE SOUlHEAST. HAVING A RADIUS OF
665.00 FEET. BEING SUB1'ENOEO BY A CHORD BEARING SOUni 15 DEGREES 57 MINUTES 15 SECONDS
WEST HAVING A DISTANCE OF .'.371.37 FEETi THENCE SOUTHWESTERLY ALONG SAID CURVE'. A
DISTANCE Or 376.37 FEET; THENCE:: SOUTH 00 DEGREE;S 15 MINUTES 35 S£CONDS EAST, A DISTANCE
OF 1864.70 FEET TO l"HC: SOUTH LINE OF THE NORTHWEST QUARTER OF' SAID SEC110N 17. SAlD UNE:
·ALSO BEING THE NORTH LINE OF n;e: U.S. 31 INOUS1Rt.AL PARK SUBD!VlSION; THENCE NORTH as
DEGREES 57 MINUTES 13 SECONDS \'VEST ALONG SAID SOUTH LINE, A DISTANCE OF 70.()0 FEET;
n-IENCE NORTI-f 00 DEGREES 15 MINUTES 35 SECONDS WEST, A DISTANCE Or 1854.33 FEET TO THE
POINT OF CURVATIJRE OF A TANGENT CURVE. CONCAVE SOUTI-1EAST. 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 FE:E:T; THENCE. NORTHEASTERLY ALONG SAlD CURVE, A DISTANCE OF
415.99 FEET; "THENCE NORTH 3~ OEGREES 10 MINUl"ES 05 SECONDS EAST, A DISTANCE OF i-40.63
FEET TO THE POINT OF CURVATURE OF A TANGENT CURVI:.:, CONCAVE NOR11-tWCST, HAVING A RADIUS
OF 685~00 FEET, BEING SUBTENDE:O BY A CHORD BE:ARlNQ NORTH 22 DEGREES 51 MINUTES 38
SE'.CONDS EAST HAVING A DISTANCE OF 2J5.11 FEET; THENCE NORlHEASTERLY ALONG SAID CURVE, A
DISTANCE OF 218.06 FEET TO THE POINT Of CURVAWRE ·or A COMPOUND CURVE, CONCAVE
SOUTif\iVEST. HAVING A RADlUS OF 41,00 FEET. St:!NG SUBTENDED BY A CHORD BEARING NORTH 38
DEGREES 01 MINUTES 37 SECONf)S WEST HAVING A DtSTANCE OF 64.24 FEET; THENCE
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
lNDOT PLANS f"DR PROJECT Sl-.F'-720(25), DATED 1969 (U.S, 20/31 BYPASS); THENCE NORTH 00
DE:GR~ES 04 MJNUTES 56 SECONDS EAST ALONG SAID -R.IGHT-Of"-WAY, A DISTANCE; .OF 14.52 F'EE:T
TO THE POINT OF BEGINNING; SAID DESCRrBtD TRACT CONIAINING 4.408 ACRES. MORE OR u;ss.
SUB.JECT TO ALL EASEMENTS, COVENANTS, RESTRIC1l0NS. AND RIGHT-OF'-WA Y OF RE:CO.RD.
RELEASE OF TEMPORARY EASEMENT AGREEMENT
WHEREAS, on August 1, 2006, Waggoner Farms Development, L.P. and Waggoner's
Dairy Farms, Inc. (the "Grantors") granted a temporary construction easement to the City of
South Bend, Department of Redevelopment (the "Grantee"), as recorded in the Office of the
Recorder of St. Joseph County on August 14, 2006, as Instrument No. 0634982 (the "Temporary
Easement Agreement") 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 Temporary Easement Agreement granted rights for entry to the property
described in Exhibit A 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; 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 Grantee hereby releases the easement granted m the
Temporary Easement Agreement, with the intent.that it be forever extinguished.
IN WITNESS WHEREOF, the City of South Bend, Department of Redevelopment, by
and through its governing body, the South Bend Redevelopment Commission has signed this
Release Of Temporary Easement Agreement to be effective this _ day of ____ _
20
1
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
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. Beajamin J. Dougherty.
4000.0000067 36900584.003
2
Exhibit A
PARCEL 1-TEMPORARY CONSTRUCTJON EASEMENT-UTILITIES AND NON-
VElllCULAR PATH
A PART OF THE NORTIIWEST QUARTER OF SECTION 177' TOWNSIDP 38 NORTH,
RANGE 2 EAST, GERMAN TOWNSHIP~ CITY OF SOUTH BEND:o ST. JOSEPH COUNTYt
INDIANA .. MORE PARTICULARLY DESCRlBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST
QUARTE~ SAID CORNER BEJNG MARKED BY A HARRISON MONUMENf;
THENCE SOUTH &9 DEGREES 55 MlNUTES 03 SECONDS EAST~ ALONG THE
NORTH LINE OF SAID NORTHWEST QUARTERJO A DISTANCE OF 607.05 FEET
TO THE POINT OF BEGINNJNG; THENCE CONTINUING SOUTH 89 DEGREES 55
1'.1INUTES 03 SECONDS EAST,. A DISTANCE OF 243.34 FEET; THENCE SOUTH
00 DEGREES 04 WNUTES 57 SECONDS WEST, A DISTANCE OF 20~00 FEET TO
TIIB SOUTH RIGHT OF WAY LINE OF ADAMS ROAD; THENCE SOUTH 79
DEGREES 39 MINUTES 44 SECONDS WEST .. A DISTANCE OF 54.59 FEET TO
THE POlNT OF CURVATURE OF A NON·-TANGENT CURVE:r CONCAVE
NORTHWEST,. HAVING A RADIUS OF 790.00 FEET, BEING SUBTENDED BY A
CHORD LENGTH OF 339.82 FEET BEAR.ING SOUTH 19 DEGREES 44 l\1INUTES
54 SECONDS WEST; TIIBNCE ALONG SAID CURVE, A DISTANCE OF 342.49
FEET; TIIENCE SOUTH 32 DEGREES 10 MINUTES 05 SECONDS WEST~ A
DISTANCE OF 140.63 FEET TO THB POJNT OF CURVATURE OF A TANGENT
CURVE, CONCAVE SOUTHEASTl' HAVlNO A RADIUS OF 610.00 FEET,. BEING
SUBTENDED BY A CHORD LENGTH OF 340.65 FEET~ BEARING SOUTH 15
DEGREES 57 :rvtlNUTES 15 SECONDS WEST; THENCE ALONG SAID CURVE, A
DISTANCE OF 345.24 FEET; THENCE SOUTH 00 DEGREES 15 MJNUTES 35
SECONDS EAST, A DISTANCE OF 1864.99 FEET TO THE SOUTH LINE OF SA.I[)
NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 57 MINUTES 13
SECONDS WEST~ ALONG SAID SOUTH LINE)> A DISTANCE OF 185.00 FEET;
THENCE NORTH 00 DEGREES 15 IvfiNUTES 35 SECONDS WEST, A DISTANCE
OF 1864.01 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE,
CONCAVE SOUTHEAST, HAVING A RADIDS OF 795.00 FEET) BEING
SUBTENDED BY A CHORD LENGTH OF 443.97 FEET, BEARING NORTII 15
DEGREES 57 1v.U.NUTES 15 SECONDS EAST; THENCE ALONG SAID CURVE_, A
DISTANCE OF 449.95 FEET; TIIENCE NORTH 32 DEGREES 10 :MINUTES 05
SECONDS BASTf A DISTANCE OF 140.63 FEET TO THE POINT OF CURVATURE
OF A TANGENT CURVE, CONCAVE NORTHWESTJ HAVING A RADIUS OF
605.00 FEET, BEING SUBTENDED BY A CHORD LENG'IH OF 139.19 FEET,
BEARING NORTH 25 DEGREES 33 :MINUTES 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
PARK.WAY); 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.S 1 FEET TO TIIB POINT OF BEGINNING;
EXCEPTING THEREFROM THAT PART OF Tiffi NORTHWEST QUARTER OF SECTION
17, TOWNSIDP 38 NORTH,, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH
BEND, ST. JOSEPH COUNTY, INDIAN~ MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
CO:MMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST
QUARTER, SAID CORNER BEING MARKED BY A HARRISON MONUMENT;
THENCE SOUTH S9 DEGREES 55 :MINUTES 03 SECONDS EAST, ALONG THE
NORTH LINE OF THE NORTHWEST QUARTER OF SAJD SECTION 17, A
DISTANCE OF 607 .OS FEET; THENCE SOUTH 00 DEGREES 04 l\1JNUTES 56
SECONDS WEST, A DISTANCE OF 20.00 FEET TO TIIE fOU'1T OF BEGJ.NNJNG;
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, BEI:N"G SUBTENDED BY A CHORD BEARING OF SOUTH 45 DEGREES 16
MINUTES 01 SECONDS WEST HAVING A DISTANCE OF 46.32 FEET; TIIENCE
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 BEARING OF
SOUTH 21 DEGREES 31 MINUTES 14 SECONDS WEST HAVING A DISTANCE
OF 271.61 FEET; THENCE ALONG SAJD CURVE A DISTANCE OF 273.18 FEET;
THENCE SOUTH 32 DEGREES 10 MINUTES 05 SECONDS WEST" A DISTANCE
OF 140.63 FEET TO TIIB POINT OF CURVATURE OF A TANGENT CURVE,.
CONCAVE SOUTHEAST .. HAVING A RADUJS OF 665.00 FEET, BBlli"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 DTSTANCE OF 376.37 FEET; TIIENCE SOUTH 00 DEGREES 15
lvIINUTES 35 SECONDS EAST, A DISTANCE OF 1:0864.70 FEET TO THE SOUTH
LlNE OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE NORTII
89 DEGREES 57 MINUTES 13 SECONDS WEST ALONG SA.JD SOUTH LlNE .. A
DISTANCE OF 70.00 FEET; THENCE NORTH 00 DEGREES 15 MJNUTES 35
SECONDS WEST .. A DISTANCE OF 1 .. &64.33 FEET TO THE POINT OF
CURVA1URE OF A TANGENT CURVE~ CONCAVE SOUTHEAST, HAVJNG A
RADIUS OF 735.00 FEET,. BEING SUBTENDED BY A CHORD BEARJNG OF
NORTH 15 DEGREES 57 MINlJ'IES 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 MINUTES 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 HAVING A DISTANCE OF 215.11 FEET; TIIBNCE 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 BEARIN"G OFNORTH 38 DEGREES 01
MINUTES 37 SECONDS EAST HAV.WG A DlSTANCB·OF 64.24 FEET; THENCE
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