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Home My WebLink About#2625- Deed; GRANT OF PERPETUAL EASEMENT 13 First Survey of Homewood�s i/ � ��°� r �� , � �� J � � •�'� CCi � �� u tat;3E��,',�;3 ID cio - I. GRANT OF PERPETUAL EASEMENT dr � 19 `� by and between T}�IS INDEIVTURE made this day of G(joL c,?, the 4 " � �'�1�, �� ?i�i_1 CI,i i n the County of St. Joseph) , State of Ind�a, ii reinafter call "Grantors", and the City of South Bend, Indiana, by its Board of Works through its Chairman, hereinafter called "Grantee". WITNESSETN: a Tha for and in consideration of the mutual covenants herein seta. forth and other vauable considerations, the receipt of which is hereby acknow- ledged, the Grantor for himself, herself, itself, themselves, his, her, their administrator, sucessors and assigns does hereby grant, bargain, sell, convey and warrant unto the grantee, its grantees, sucessors and assigns, forever, a perretua-! right--of-way and easement, with the right, priveleges and authority, in Grantee, its grantees, sucessors and assigns, to enter upon, dig, lay, erect, construct, install, -reconstruct, renew, and to operate; maintain, patrol, replace, and continue a sanitary sewer line including but not limited thereto of main, laterals, manholes and appartenances as part of the Grantee City's sanitary sewer system and works for the collection of sanitary wastes of said City, as shall be hereafter located and construction into, under, upon, over and across the following described real estate and premises owned by the Grantors and situated in the County of St. Joseph, State of Indiana, to -wilt: LEGAL DESCRIPTION PERMANENT EASEMENT A FEET IN WIDTH AND TEMPORARY CONSTRU TION EASEMENT 2/J FEET IN WIDTH C_ 'e P4_11'111(tdt.eAuJ" �rtSit►c.�tA`-- r( r "� 1 I 1� The Grantee, its sucessors and assigns shall have the right to enter along, over and upon said easement to repair, relocate, service and maintain such "sanitary sewer", at will, and to make such alternations and improvements in the facilities thereof as may be nece sary or useful, and to remove from the extent of the right-of-way any encro thing trees, buildings or other obstruc- tions to the free and unobstructed use o such easement, and to build and maintain the necessary facility, inains, aterals, manholes and appurtenances incident to such "sanitary sewer" and sh 11 have the right of ingress and': egress only over adjoining premises and lands when necessary and without ding damage to such adjoining lands, and only for temporary periods, and shall not otherwise enter upon lands adjoining said easement. ' Grantee.covenants that, in the installation, maintenance or operation of its "sanitary sewer" and appurtenance , under, upon, over and across said tract of land in which perpetual easemen is hereby granted, it will restore the area disturbed by its work to as near the original condition as is prac- tical. The �, by and through •ids- cis or its designee must approve surface restoration prior to release of Contractor's Bond. Said approval will not be unreasonably withheld. Grantors herein covenant for themselves, their grantees, sucessors and assigns that they will not erect or maintain any building or other structure or bstruction on or over said "sanitarysewer line" and appurtenances under sal tract --of land -in which perpetual ri ht-of--way and easement is_ hereby granted, except by express permission from the Grantee, in writing, and in act rdance with the terms hereof, and which permission when in writing and rec�rded shall run with the real estate. A diagram map showing the route, courses and distances through the premises and lands and width of easement is attached hereto and made a part of his indenture by reference as Exhibit "A". Grantors hereby covenant -that they are the Owners in fee simple of sai real estate, are lawfully seized thereof and have a good right to grant and convey the foregoining easements he in: that they guarantee the quiet- posession thereof, that said real estat is free from any"and all encumberances and that Grantors will warrant and defe d Grantee's title to said easement against all lawful claims. IN WIRNESS whereof, the Grantors have hereunto set their respective hands I. and seals !the day and year first: writing above. STATE OF COUNTY OF,"'. )SS: 1 2. /0--7 t• SEAL `/� � J� I'7f131�1dLv r Tt ti '� C 1 i' V` SEAL P4 T 1'IG1/l )lAyF iEL0 j SEAL SEAL SEAL 71. On tlTTs�day of ,19 before the undersigned, a Notar Public in the and for said County and State, personally appeared a grantor herein, who 'acknowledged the execution of the above and foregoing. conveyance to be their voluntary act and deed. Witness my and and Notarial Seal this /. �� day of9 My Commission Expries: THOMAS A HAMANR NOTARY PUBLIC STATE V RDIAMA ST. '7"P`H cD. RY CDRMISSION -.X OCT. 7,1989 ISSUED THAU IMOIANA ROTA Y ASSOC. LAND PLAT by COLE ASSICI ATES, INC. 2211 E. JEFFERSON BLVD. ® Temporary light of._Woy.Takir ® Permanenf Rfghf of Way Taking 9 Sh'eef 1 or 3 PAfRC EL 5 f.5A SOUTH BEND, IND. Hollywood Blvd. �4-d'RIW) " Lo% No. 13, FirS Sur�i� y Mayflower Rood. of Nome wood. i oB..sA Traci 4—� rZ'rdmore- Trail (44'R/IW) I R1W aid Mayfrowef - - --- Rd so F�rmctn err f Easeme f _ 20'Temporary RIW ; EaSfern R►ghi of 35'Perrrranent Ease enf ; 'Way line of Maq Rd er -- CN `Temporgry RII wesfe�-n Right of way GAw ' Line of Ma�f)over Rd. R�W Chi 90 f r � Drexel Blvd. sou¢h Shore - :o - - (35' RIW) Canrall rid Sou¢, ~� Northern R1yht of Way end Rail road Line of the Chicago South Shore and South Bend Railroad. ins frame.n.•f..Num..6.e_r__�.$.��_4,32/_.. ._ Secfion :5 Township_ :_37.A1-_.:.--_..:_.�_- _ _..... l:. ---_- ...." Easf - West _ off' Seclion 5 Ronge._: 2E, Covn1-y St. Joseph ' - Tolal Area -of Perm-anenl-..Eo6amen1 =-0.752 Acres 7W-al Area of Temporory R/W = 0.401 Acres OWNER: ADDRESS OF ABOVE PROPERTY: SeCf102-5+ Porfaqe Townshlp-�Sf. Joseph.:.Cour, ror duaaing Kevinctlons rarer to your abstract, deed.or controct and zoning ordinance COMPARE ALL POINTS BEFORE BUILDING AND AT ONCE REPORT ANY DIFFERENCE fu Indiana..... Cole Associoies, Inc scale date 11roced by / "= eo0-24-g8. C . ROE o page �.'. .. ' No. 09943 . STA7E OF � .h�Nai I.AtyO„rr REGISTERED LAND LAND SURVEYOR-NO.0994.3 j Sheet 2 of 3 Parcel No. 5 DESCRIPTION A permanent easement for the construction, installation, maintenance and use of a sanitary sewer and appurtenances. �A part of Lot 13 in the First Survey of Homewood to St. Joseph County, Indiana, the Plat of which is recorded in Plat Book 9, page 121, in the Office of the Recorder of St. Joseph County, Indiana, described as follows: Beginning at the northwest corner of said lot; thence North 87 degrees 31 minutes 35 seconds East 30.64 feet along the north line of said lot; thence South 14 degrees 03 minutes 46 seconds East 146.28 feet; thence South 82 degrees 09 minutes 40 seconds East 787.20 feet to the western boundary of Mayflower Road; thence South 07 degrees 50 minutes 20 seconds West 35.00 feet along said western..line to the northern right. of way line of the Chicago South Shore and South Bend Railroad; thence North 82 degrees 09 minutes 40 seconds West 805.47 feet along the northern right of way of said railroad; thence North 14 degrees 03 minutes 46 seconds West 178.18 feet to the Point of Beginning of this description and containing 0.752 a.cres., more or less. COLE ASSOCIATES INC. nv- Rollin E. Fa rand, Sr. Reg istered L nd Surveyor 4, State- of- Ind' ana _No:.::09.941y Sheet 3 of 3 Parcel No. 5A DESCRIPTION T mporary right of way for the purpose of constructing a sanitary sewer 1'ft station, which said temporary right of way will revert to the 0 ners upon completion of the abov. designated project. part of Lot 13 in the First Survey of Homewood to St. Joseph unty, Indiana, the plat of which is recorded in Plat Book 9, page 1, in the Office of the Recorder of St. Joseph County, Indiana, scribed as follows: Beginning on the north line of said lot at a point North 87 degrees 41 Dlinutes 35 seconds East 30.64 feet from the northwest corner of said lot; thence North 87 degrees 41 minutes 35 seconds East 20.43 feet along the north line of said lot; thence South 14 degrees 03 minutes 46 seconds East 128.60 feet; thence South 82 degrees 09 minutes 40 seconds East 773.69 feet to the western boundary of Mayflower Road; thence South 07 degrees 50 minutes 20 seconds West 20.00 feet along said western boundary; thence North 82 degrees 09 minutes 40 seconds West 787.20 feet; thence North 14 degrees 03 minutes 46 seconds West 146.28 feet to the Point of Beginning of this description and containing 0.421 acres, more or less. �N.E• F:�R COLE ASSOCIATES INC. �. •G S i ,9 F� • 09943 v ' -0 ; Cr a,•• STATE OF Rollin E. Farrand, Sr. . i p..'a`� Registered Land Surveyor `��io a�i n State of Indiana No. 09943 1 ' GiZANT OF PERPETUAL CASEMENT COPY THIS INDENTURE made this 26;,-day of lip j 19 �y and between the BRETHREN CHURCH OF ARDMORE, INC. (in the County of St. Joseph), State of Indiana, hereinafter call Grantors", and the City of South Bend, Indiana, by its Board of Works through its Chairman, hereinafter called "Grantee. WITNESSETH: That for and in consideration of the mutual covenants erein set forth and other vauable consi erations, the receipt of which is hereby acknow- ledged, the Grantor for himse f, herself, itself, themselves, his, her, their administrator, sucessors and i ssigns does hereby grant, bargain, sell, convey and warrant unto the grantee, its grantees, sucessors and assigns, forever, a perpetual riyht-of-way and {asement, with the right, priveleges and authority in Grantee, its grantees, suc ssors and assigns, to enter upon, dig, lay, x erect, construct, install, reconstruct, renew, and to operate, maintain, patrol, replace, and continue a sanitary sewer line including but not limited thereto of main, laterals, manholes and appartenances as part of the Grantee City's sanitary sewer system and works for the collection of sanitary wastes of said City, as shall be hereafter located and construction into, under, upon, over and across tire following described real estate and premises owned by the Grantors and situated in the County of.St. Joseph, State of Indiana, to -wit: LEGAL DESCRIPT10N PERMANENT EASEMENT 30 �EET IN WIDTH AND TEMPORARY CONSTRUCTION EASEMC T 20 FEET 1N WIDTH [SEE ATTACHED SHEETS] 4 �41 t •7,�C} ~:� 701W.GvkLE.-DL �l}E:LSLti�I(,' 1 _. 3 1��,4�L"r<t>r�• �. L75 �i�t C:u. :►mil .. �. C=i _ h q7 The Grantee, its sucessors and assigns shall have the right to enter ialong, over and upon said easement to repair, relocate, service and maintain such "sanitary sewer", at will, and to make such alternations and improvements in the facilities thereof as may be necessary or useful, and to remove from ' theiextent of the right-of-way any encroaching trees, buildings or other obstruc- tions to the free and unobstructed use of such easement, and to build and maintain the necessary facility, mains, laterals, manholes and appurtenances incident to such "sanitary sewer" and shall have the right of ingress and egress only over adjoining premises and lands when necessary and without doing damage to such adjoining lands, and only for temporary periods, and shall not otherwise enter upon lands adjoining said easement. Grantee covenants that, in the installation, maintenance or operation of its "sanitary sewer" and appurtenances, under, upon, over and across said tract of land in which perpetual easement is hereby granted, it will restore the area disturbed by its work to as near the original condition as is prac- tical. The _BRETHREN CHURCH OF ARDMORE, INC. , by and through its PROPERTY BOARD or its designee must approve surface restoration prior to release of Contractor's Bond. Said approval will not be unreasonably withheld. Grantors herein covenant for themselves, their grantees, sucessors and assigns that they will not erect or maintain any building or other structure or obstruction on or over said "sanitary sewer line" and appurtenances under t said tract of land in which perpetual right--of-Iay and easement is hereby granted, except by express permission from the in writing, and in accordance with the terms hereof, and which per�rantee, ission when in writing and recorded shall run with the real estate. A diagram map showing the route, coursos and distances through the premises and lands and width of easement is att ched hereto and made a part of this indenture by reference as.Exhibit "A". Grantors hereby covenant that they arejthe Owners in fee simple of said real estate, are lawfully seized thereof and have a good right to grant and convey the foregoining easements herin: that they guarantee the quiet posession thereof, that said real estate is free from any "and all encumberances and that Grantors will warrant and defend Grantee's title to said easement against all lawful claims. IN IJITNI_SS whereof, Lhe GranLors have hereunLo set Lheir respective hands " and seals the day and year first writing above. STATE OF INDIANA COUNTY OF ST. JOSEPH (SEAL KM H SEIFER - PROPERTY CHAIRMAN •(`; ./.•� ! ''�� - SEAL CLIFFORD BUCK - MODERATOR Ar SEAL SS: SHIRELY SPARKS!! -.SECRETARY (SEAL) SEAL On this ! day of (Ze 19 �'A', before the undersigned, a Notary Public in thg and for said County and State, personally appeared a grantor herein, who acknowledged the execution of the above and foregoing conveyance to be their volunta6 act and deed. Witness my and and Notarial Seal this , i(-`' day of c'c_ „>>, '19 t'f . �r a NW ARY/PURL I C 4'rw v� S i•v p h Ci . COLE LAND PLAT by ASSOCIATES, 2211 E. JEFFERSON BLVD. f Tem Drcir' F?i ire"af w �� 'Perrr-,anent.'-E.ltseriiehl•:....:_: ..Section :5,...._... r TownSh►'p 37/Y r Range .....2E ......... : :... - Count Area" of`:.-Tempor'ar: 7Pi of Way 0., 3O6 Acres Area of :Permoodnf W2 4 Dre.re l O l vd . (501Rf w) OWNER: 13re f firen Church. 6� A rd more , Lam• 51ree4 I oF3 PARCEL 7 4- 7A McCaffery'6 Subdlvisionl N C(fo5f. Joseph County . SOUTH BEND, I D. � r . -Dee;w Blvd.(95`R 7 0 5 4 3 4 r Berry Ave. (4-0; KI W r L /W t r — t -60 Permanent --aseme l 90.17-emporary right of Way Brethren .Church of A rdmore . Inc. Fasf Line , AN �4, SE 114 r Sec. G len woad A ve . R/ws ---I . '! B9 - � S8 -qj 90 Ardrrrore---H �7h-,' � ddi><r to.St. Jose h Count P y .,Inc ADDRESS OF ABOVE Pf10PERTYo '�eCfipn 5. ToW►7Shl 37 North , F orige 2 Easi- Porfa e Tawn shi . J Sf�:Jr�seph_ �nyn Fo—r-TFulding Reottictlons refor to your abstract, doed.or contract and zoning ordinance COMPARE ALL POINTS BEFORE BUILDING AND AT ONCE REPORT ANY DIFFERENCE fs�cnle date Itraced by Cole QssoC-;ates, I f 1 Sheet 2 of 3 Parcel 7 DESCRIPTION i A 30-f of permanent easement for the construction, installation, mainte ance and use of a sanitary sewer. The So therly 30 feet of the following described real estate: Part o the Northwest Quarter (4) of the Southeast Quarter (1) of Sectior 5, Township 37 North, Range 2 Ea-st, described as follows: Commen ing at a point 660.1 feet East of the Northwest corner of the Southeast Quarter (4) of said Section 5, said beginning point being on the East line of McCaffery's Subdivision, recorded in Plat Book 12, page 176, in the Office of the Recorder of St. Joseph County, Indiana; thence South along the East line of said recorded plat a distance of 484.4 -eet to the Northerly line of the right of way of the Chicago, South end & Northern Indiana Railway Company; thence Southeasterly along he Northerly line of said right of way to the East line of the Northw st Quarter ($) of the Southeast Quarter (I) -of said Section 5, which is also the West line of Ardmore Heights Addition, recorded in Plat Book 9, page 95, in the Office of the Recorder of St. Joseph County, Indiana; thence North along the West line of said recorded plat 606 feet to the North line of the Southeast Quarter (I); thence West along the North line of said Southeast Quarter (I) to the place of beginning. Said Southerly 30 feet contains 0.459�acres, more or less. s T Rly'Qy No. 10.. • 09943 o • STATE OF 'P COLE ASSOCIATES INC. R liin E. Farrand, Sr. Registered Land Surveyor State of Indiana No. 09943 Sheet 3 of 3 Parcel 7A DESCRIPTION Temporary right of way for the purpose of lawn and ditch grading, which said temporary right of way will revert to the Owners upon comple ion of the above designated project. The Northerly 20 feet of the Southerly 50 feet of the following described real estate: Part of the Northwest Quarter (J) of the Southeast Quarter ") of Section 5, Township 37 North, Range 2, East, described as follows Commencing at a point 660.1 feet East of the Northwest corner of he Southeast Quarter (1) of said Section 5, said beginning point being on the East Line of McCaffery's Subdivision, recorded in Plat Book 12, page 176, in the Office of the Recorder of St. Joseph County, Ind ana; thence South along the East line of said recorded plat a distance�of 484.4 feet to the Northerly line of the right of way of the Chica o, South Bend & Northern Indiana Railway Company; thence Southeaster;y along the Northerly line of said right of way to the East line oflIthe Northwest Quarter(i) of the Southeast Quarter (1) of said Section,'5, which is also the West line of Ardmore Heights Addition, recordedA n Plat Book 9, page 95, in the Office of the Recorder of St. Joseph County, Indiana; thence North along the West line of said recorded plat 606 feet to the North line of the Southeast Quarter (J); thence West along the North line of said Southeast Quarter (1) to the place of beginning. Said Northerly 20 feet of said Southerly 50 feet contains 0.30ro acres, more or less. ��ta•E. �AR,� COLE ASSOCIATES INC. a• • "'" ��•O a —rill '6 099413 Errar.STATE OF R n i P •�`" Registered Land Surveyor �`rsia gDILoSJ� State of Indiana No. 099 DEED OF DmICATION imr— I M/AlL mINUrS JVDUI V iJIUiV est Quarter of Section 5, T.37 N., R.Z E. (ship, St. Joseph County, Indiana on of Lot # 13. Homewood 1st Survey) —20. SJ0 o 7 3 CENTER �OF SEC 5, ¢ �T.I7 N.. R.2 E. -TRAIL I RIW LI E n _2 0----1 h OREkEI Sy ll, AVC turn: Uca 1, (WE} THE U"MISICNED, OWNERS) OF THE REAL ESTATE SHOWN AND DESCR79ED HEREIN, DO HEREBY LAY OFF, PLAT, AND SUBDIVIDE SAID REAL ESTATE IRA ACCORDANCE WITH THE REQUI HEMENTS OF THE SUBDIVISION ORDINANCE OF ST. JOSEPH COUNTY, IN DI NIA. THIS SUBDIVISION SHALL Bt KNOWN AMD DESIGNATED AS- HAYFIELD'S ARDMORE TRAIL MINOR SUBDIVISION ALL STREETS, RIG)rTS-OP-WAY, ALLEYS, FUTURE ROADWAY EASENE/TTS, AND PUBLIC OPEN SPACES SHOWN AND NOT HERETOFORE DEDICATED, MOW ARE HEREBY DEDICATED TO THE PUBLIC TOR THE USES DESIGNA= HFREIRA. FRO" BUILDING SETBACK LINES ARE HEREBY ESTABLISHED AS SHOWN ON THIS PLAT, BETWEEN WHICH LIMES AND THE RICHT-OF-WAY LINE OF THE STRECI(S), THYAE SHALL BE ERECTED OR MAINTAINED NO BUILDING OR STRUCTURE. THE AREAS OF CROUNO DESIGNATED ON THIS PLAT AND MARRED AS-FJISESEFTS- ARE RESERVED FOR THE USES AS DESIGNATED FOR THE USE OP THE PUBLIC UTILITIES AND INCLUDE BUT ARE NOT LIMITED TO THE INSTALLATION Of'WATERAND SEWER MAINS, POUTSD, DUCTS, LINES AND WIRES, DRAINAGE FACILITIES, AND ACCESS FUR PREFTSpOR FUTURE EVELOPMENT, SUBJECT AT ALL TIMES TO THE PROPER ADTHORITIFS AMD TO THE EASTIEETTT REREIM RESERVED. NO PERMANENT OR OTHER STRUCTURES ARE TD BE ERECTED OF NATNTAIMED UPON SAID EASEMENTS OF LAND, BUT THE OWNERS OF SAID LOTS IN THIS SUBDIVISION SHALL TA" THEIR 71T SUBJECT 10 THE RIGHTS OF THE PUBLIC UTILITIES, AND TO THE RIGHTS OT THE OWNERS OF THE OTHER LOTS IN THIS SUBDIVISION. (,WNER'S CERTIFICATE THIS 15 TO CERTIFY THAT THE UNDERSIGNED IS (ARE) THE OWNERS) OF THE LAND DESCRI13M IN THE PLAT HEREIN, AND THAT HE (THEY) HAS (RAVE) CAUSED THE V SAME TV BE EUREYI9 AND SUBDIVIDED AS INDICATED TKFREON, FOR THE USES AMD PURPOSES THEREIN SET FORTH, AND DO REREBY ACKNOWLEDGE AND ADOPT THE PLAT UNDER THE STYLE AND TITLE THEREON SNDICATTD. DATED THIS 24-TH DAY OF AUGUST, 1994. JERRY YF YrIn PATRICIA MAYFIILU P'.O. X 3AS7 P.O. BOX 3251 SOUTH BEND, INDIANA 46619SOUTH BEND, INDIANA 46619 NOTARIUTIoM STATEMENT STATE OF INDIANA ) SS: COUNTY OF ST. JOSEPH ) BEFORE HE THE UNDERSIGNED NOTARY PUBLIC, IN AND FOR SAID COUNTY AND STATE DID PERSONALLY APPEAR THE ABOVE NOTED PEISON(S), AND (EACH) SEPARATELY AMD RI SLVIIUI.LY ACOWL®GED THE FOREGOING INSTRUMENT AS HIS (THEIR) VOLUNTARY ACT AHD DEED FOR THE PURPOSES THEREIN EXPRESSED. WITNESS MY HAND AND NOTARIAL. SEAL THIS ---ZA-_TH DAY OF ALICUST, 1994. M1' COMMISSION E7(PIRES APRIL 19, 1997. H. DOUCLA5 P¢IAC¢ NOTARY PUBLIC \(nrERlA RESIDENT OF ST. 30SEPH COUNTY. y� pL'SLIC =t f 0 F %%I FJSI31ttNT NOTE - TO THE BEST OF OUR RESEARCH, AND FROM THE INFORMATION SUPPLIED TO US BY THE OWNER'S), ALL. EASPJEFJTTS OF RECORD ARE SHOWN OR THIS PLAT. THERE ARE NO ENCROACHMENTS OF EXISTING STRUCTURES UPON THE BUILDING SETBACKS OR EASEMENTS CREATED IN THE HEREIN SUBDIVISION EXCEPT FOR THE EXISTING BUILDING ON LOT 1 7 WHICH ENCROACHES INTO THE 40 FT. BUILDINC SETBACK LINE ALONG THE LOT"' FAST AND 5007% BOUNDARY- N NE RI1y LINE W Pd _ Fl7R5UANT TO INOIANA CODE SECTION 3b7.4, THE UNOERSIGNED CERTIFY THAT THE v 3 �YFEEL D'S ARDMORE TRACT MINOR SEIBDNCSION WAS CONSIDERED AND GRANTED Z O SECONDARY APPROVAL BY THE STAFF OF THE AREA RAN COMMNSSION OF ST. JOSEPH IO9� AFTER THE DM WINATION WAS MADE THAT THE t COUNTY, INDIANA ON SF SUBONISION COMRIES W(T'FET"E STANDARoS SET FORT" IN THE ST- JOSEPH COUNTY, AND THAT TTD: TBnF PROVIDED FOR APPEAL HAS = MDIANA SUBDIVISION CONTROL OROINANCL, EXPIRED. OR THAT THE HIGH T OF APPEAL WAS BEEN WANED. IN WAITING, BY ALL I"TERESTEO PARTIES. IN WRNESS WHEREOF, WE HAVE ATTACH 01" SIGNATURES AND THE COMM[SSION'S SEAL • HEREUPON' /{j.✓�� OX � 1� N OF /S ?5•' F AVRMATHE COMMiTT E ASSISTANT SECRETARY T •I. ROBERT W. STNTE JOHN R. MCNAMARA • 4 SURVEYOR'S CERTIFICATE4 I, H. DOUGLJ S PEIRCE. HEREBY CERTIFII THAT I AN A REGISTERED LAND SURVEYOR, LICENSED IN COMPLIANCE WITH THE LAWS OF THE STATE OP INDIANA: THAT THIS PLAT CORRECTLY REPRESENTS A SURVEY COMPLETED OR CERTIFIED BY TIE ON THE 10TH DAY OF AUGUST 1994: THAT THE LOCATION, SIZE, TYPE, AND MATERIAL OF ALL MONUFU'NTS ARE THAT ACCURATELY SHOWN AND TT THE MONUMENTS WILL BE INSTALLED 1N ACCORDANCE WITH THE PROVISIONS OF THE SUBDIVISION CONTROL ORDINANCE OF ST. JOSEPH COUNTY, INDIANA. J E1;;c K: s.i. H. INIUI'LAS PEIRCE L.S. 1 S 011e _ �; r.•R C.Iz— J � o - CAPPED IRONS SET, P.A. NAILS IN ROAD O 100 POD Sod GRAPHIC SCALE 1' -'10 O' ' Om R E YISIDRS 8-10-94 SLWI CAR IR 1's 100' -TD- 1 NND DOSED •ER SI.FF ELE ' 911357 N 0 Ld (n g�T LU U OA O ��_ � m U) e • b 8 LLI 3 C)Ir IL J n if SHM /we i 9433^r -t9 LEGAL DESCRIPTION DEED OF DEDICATION THAT PART OF SHE SOUI3 ST QUARTER OF SECTION 5, T. 37 M., R. 2 E. PORTAGE TOWNSHIP, ST. JostCOONTY, ]]ANA WHICH IS KMOWX AS PART OF LOT I3 AS SHOWJost"N THE RECORDED PLATND OF - PLAT OF THL FIRST SURVEY OF HOMKW000 AS RECORDED IN BOOK 9, ON PACE 121, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH CODNTY, INDIANA, AND 1S DESCRIBED AS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOLITH LINE OF ARDMORE TRAIL A 20.00 FT. WIDE HALF RIGHT-OF-WAY AND THE WEST LINE OF MAYFIAMER ROAD RIGH7-O►- WAY WHICH 15 S. 09•-07-37- W_, 20.25 Tr. FROM A POINT ON THE EAST AND WEST OUAR'TER LINE OF SAID SECTION AND CENTERLINE OF ARDMORE TRAIL WHICH IS N. 89' -57'-S R- Y., 159.65 FT. FROM TEIE [ENTER OF SAID SEC1'I ON SI THENCE S. 09•-07•-37-'W., 283.23 FT. TO THE NORTHERLY RIGHT -OF -NAY LINE OF A 30. D0 FT. WIDE PUBLIC RIGHT-OF-WAY: THENCE ALONG SAID NORTHERLY LINE W. 50•-01'-34- W., 852.77 FT. TO THE WEST LINE OF SAID LOT 13; THENCE ALONG SAID WEST LINE N- 00•-a0•-09- W., 132-47 FT. TO THE NORTHWEST CORNER OF SAID LOT; THENCE S. 89"-57•-58• E., BB6.36 FT. TO THE POINT OF BEG]NNING- CONTAINING 1.1198 ACRES AND COMPRISED OF TWO (2) TOTS. SUIT = TO ALL LEGAL HIGHWAYS, EASE72MS AND RESTRICTIONS OF RECORD. IT IS UXDFJRSTOOD BY THE THE OWNERS' SUCCESSORS IN INTEREST SWAT THE A13OVE DESCRIBED REAL PROPERTY LIES IN LOSE PROXIMITY TO AN OPERATINGAIRPORT AND THAT THE OPERATION OF THE AIRPORT AND THE LANDIWC AND TAKE -OFF AIRCRAFT KAY GENERATE HIGH NOISE I..EVLLS• TMEREFORE IN CONSIDERATION OF THE ISSUANCE BY THE INDIANA DEPARTXEXT OF TRANSPORTATION OF A PERMIT PURSUANT TO INDIANA CODE 8-21- 10-3-8 TO CONSTRUCT A RESIDFJFFIAL OR OTHER BUIILING DESIGMM FOR NOI5E SENSITIVE USES ON SAID REAL PROPERTY IN ACCORIANCE WITH THE TEPXS OR OWNERS' APPLICATION, O/NERIS) HEREBY COVF�ANT THAT THEY SHALL NOT INITIATE OR SUPPORT ACTION IN ANY COURT OR BEFORE ANY OOVEtMN E14TAL AGENCY IF THE PURPOSE OF THE ACTION IS TO IWICRP iRL WITH, RESTRICT, OR REDUCE THE OPERATION OF THE AIRPORT OR THE USE OF THE AIRPORT BY ANY AIRCRAFT. pWNEM(S) FURTHER COVENANT THAT THEY SMALL NOT PROTEST OR OBJECT TO THE OPERATION OF THE LANDING OR TAKE -OFF OF AIRCRAFT BEFORE ANY COLM? OR AGENCY OF GOVE00EEK7. THE COVENANTS CONTAINED HEREIN SHALL REIN WITH THE LAEW0 AND SHALL. BE BINDING UPON THE OWNERS AND SUCCESSORS AND ASSIGNS. ---- m/-ki riCLu J r- I r/AiL MIINU" Z:)Ut3UIVI-l>IUIN A Part of the Southwest Quarter of Section 5, T.37 N., R.2 E. Portage Township, St. Joseph County, Indiana (Reirg-a Resubdivision of Lot # 13. Homewood 1st Survey) _ M. BPAAIIIG S. 09--07'-37• N. DISTAIjC1;` 30.25' AD. 9. 09•-O7'-]7' W. 20.25' AC. S. 89•-57'-58• E. 35.00' AD. N. B0'-Ol'-3/' M_ 79.95 ' AE. 5. 89'-57'-56' E- 5.61' AF- N. 00--IO'-D9' W. 70.00' A.G. S. 89•-57'-58" E. 31.27' AH. 5. 16•-71'-01- E. 124-86- Al- s- 16•-21'-01- E. 12s. aI' AI. W. 00'-02'-07" E. 15B.00' AK. W. 00'-02'-02' E. 62-00• S eT'S V SEC. 5. E. TauRi U:1 9-� I, (WE) THE UNDERSIGNED, OWNER(S) OF THE REAL ESTATE SHOWN AND DESCRIBED HEREIN, DO HEREBY LAY OFF, PLAT, AND SUBDIVIDE SAID REAL ESTATE IN ACCORDANCE WITH THE REQb7RI0(ER'I'S OF THE SUBDIVISION ORDINANCE OF ST. JOSEPH COUN-FY, INDIANA. THIS 5UBDIVI3IOW SEALS. BE KNOWN AND DESIGNATED AS: LATFIEID'S ARDMORE TRAIL MINOR SUBDIVISION ALL STREETS, Rl(;Hr9-0E-NAY, ALLEYS, FUTURE ROADWAY EASE(, AND PUBLIC OPEN SPACES SHOWN AND MOT HERETOFORE DEDICATED, NOW ARE HEREBY DEDICATED TO THE PUBLIC FOA TELL 05E4 OE,SICNATED HFREIR. FRONT BUILDINC SETBACK LINES ARE HEREBY ESTABLISHED AS SHOWN ON THIS PUT, BETWEEN HNICN LINES AMD THE RIGHT -OF -MAY LINE OF THE STREET(S), THERE SHALL BE ERECTED OR MA7NTAINED NO B9IlITTMG OR STRUCTURE, THE AREAS OF CROORD DESIGNATED ON THIS PUT AND NAPPED AS `EAS EWNTS- ARE RmmmEO FOR THE USES As DLSIGWA= FOR THE USE OF THY PUBLIC UTILITIES AND INCLUDE BUT ARE MOT LIMITED TO THE 7NSTALLATION OF WATER AND SEWER MAINS, PULES, ou=s. LINES AND WIRES, DRAINAGE FACILITIES, AND ACCESS FOR PRESENT OR rUURE DEVELOPME r. 5UHJLC7 AT ALL TIMES TO THE PROPER ADTHCIRITIES AND TO THE FJ yEMENT HEREIN RESERVED. NO PERMANTMT ON OTHER STI"XC gRES ARE TO at ERELTm OR MAINTAINED UPON SAID LA<,rmxTS OF LAND, BUY 711E OWNERS OF SAID LOTS IN THIS SUBDIVISION SHALL TAKE THEIR TITLES SUB.TFL-I 7'O THE RIGHTS OF THE PUBLIC UTILITIES, . AND TO THE RIGHTS OF THE OWNERS OF THt SUBOI VISIONO'TIICR IRIS IN Ti115 OWMOR'S CETTT1'ICATt THIS IS TO CERTIFY THAT THE UWUEESIGN® IS (ARE) THE OWNER(S) OF THE LAND DESCRIBED IN TILE PUT HEREIN. ARD THAT HE (THEY) HAS (HAVE) CAUSED THE SANE TO BE SURVIYID AND SUBOIUIOED AS INDICATED THEREON, FOR THE USES AND PURPOSES THEREIN SET FORTH. AND PO "EREBY ACK3IO11— AND ADOPT THE PEAT 11"ER ME STYLE AND TITIS TN UBoX U DICATED. DATED THIS , 24 TH DAY OF ADGUS'T, 199s. P'.9. x 3957D PRO. CIA HAYPI }ZIT P:O. % ]Z57 P-a, BOX 7257 SOUTH BEND, INDIANA 46619- SOUTH BEAD, INDIANA a6619 NOTARIZATION STATE EN7 STATE OF INDIANA ) 55_ COUNTY OF ST. JOSEPH i BEFORE HE THE UNDERSIGNED NOTARY PUBLIC, IN AND MR SAID COUNTY AND STATE DID PERSONALLY APPEAR THE ANOVE NOTED PELSON(S), AND (EACH) SEPARATELY ANTI ER SE ALLY ACKROWLIMC ED THE FOREGOING INS11MWET'I AS HIS (THEIR) VOLIDlTkRY ACT AND DEED FOR THE PURPOSES THEREIN MWRFSSED. WITNESS MY RAND AND MOTARIAL S FAL THIS �i_TH DAY OP AUGUST, 1994. MY C TSSION EXPIRES APRIL 19. 1997. tl. DO. PEIRCE KOTARY PUBLIC {: .�Ci f,Sn 1' :} IL RESIDET OF ST_ 505EPH CoLSTY6 pL6LC =< L"EKENT NOTE• O( 1ti TO THE BEST OF OUR RESEARCH. AND FROM THE INFORMATION SUPPLIED TO US BY THE OWNER(SI, ALL FASECENf• OF P=PD ARE SHOWN ON THIS PUT_ -DUIL ENO ENCROA[}QftYLT NOTES THERE ARE NO ENCROACHMENTS OF EXISTING STRVCTVAE5 VFCN :TEE BUILD7),G SETBACKS OR EASEMENTS GREATER IN THE HEREIN SUBOIVI510W EXCEPT FOR THE EXISTING BUILDING ON I.O'I 1 2 WHICH ENCROACHES INTO THE 40 FT. BUILDING SETBACK LINE ALONG THE LOTS' EAST AND SOUTH BOUNDARY. 0-s �-�-L rERTIFICATE OF APP9.4_Vet FU RSUA NT TO INDIANA COOS SECTION 367-4. THE VNDERSIGNEO CERTIFY THAT THE MAYFiELfiS ANDM ORE TRAIL MINOR SLWrVMION WAS CONSIDERED AND GRANT'EO SECONDARY APPROVAL BY THE STAFF OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANA ON SEPIIMRER 1 1994 AFTER THE DETERMINATION WAS MADE THAT THE SUBDIVISION COMPLIES WITH THE STANOAROS SET FORTH IN THE ST. JOSEPH COUNTY. INDIANA SUBDIVISION CONIROL ORDINANCE: AND THAT THE IVAE PROVIDED FOR APPEAL NAS EXPIRED, OR THAT THE RIGHT OF APPEAL RAS BEEN WANED. W WRr NJG. BY ALL BRERESTED PARTIES. IN WITNESS WHEREOF. WE HAVE ATTACTIFii UR SIGNATURES AND THE COMMISSION'S SEAL HEREUPON.. lC/�?inf Er YL" callo, iN ASSISTANT SECRETARY F AIRMAN OF THE COMM3TT E ROBE RT W. SANTF T' JOHN R. MCNAMARA SURVEYOR'S CERTIFICATE, I. H. DOUCLAS PEIRCE, HEREBY CERTIFY THAT I AM A REGISTERED LAND SURVEYOR, LICENSED IN DOMPLTANCE WITH THE UW5 OF THE STATE OF INDIANA: THAT THIS PLAT CORRECTLY REPRT:SENTS A SURVEY COMPLETED OR CERTIFIED BY ME ON THE 10TU DAY OF AUGUST 1994: THAT THE LOCATION, SIZE, TYPE, AND MATERIAL OF ALL MONUMENTS ARE ACCURATELY SHOWN AND THAT THE MONUMENTS WILL BE INSTALLED IN ACCORDANCE WITH THE PROVISIONS OF THE SUB"IVI SIOM CONTROL ORDINANCE OF ST. JOSEPH COUNTY. I NOI RNA. H. DWGLJS PEIRCE L.S. 1 5 031E - c-sTla • �?r°� S UR�F,y� O - CAPPED IRONS SET. P.K. NAILS IN ROAD IliE S ' 0 100 200 Z30p ORAPHOC BCALH 1'-100'