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HomeMy WebLinkAbout#2843- Deed; TEMPORARY RIGHT OF ENTRY Near Olive Road and Toll RoadAgreement for Purpose of Temporary Right of Entry -- Lot 2, B.W. Business Park Major, NE Quarters of Sec. 24, Twp. 38 North, Range 1 East, Warren Twp. K2) �--C 6, 3C32 y� v AGREEMENT FOR THE PURPOSE OF TEMPORARY RIGHT OF ENTRY RECORDED ON 12-05-2002 10:19:26 TERRI J. RETHLARE ST. JOSEPH COUNTY RECORDER REC. FEE: 11.00 PAGES: 2 The undersigned, JVE Investment LLC, by its President, being the owner of the real estate described above, gives the right, privilege and authorityfor the purpose of Temporary Right of Entry to the City of South Bend, its employees and contractors, for access to said real estate for the following: Purpose of Entry: To move and grade ground in conformity with adjacent land for safety reasons Property Description: A part of Lot 2 in the B.W. Business Park Major Subdivision, a subdivision in the Northeast and Southeast Quarters of Section 24, Township 38 North, Range 1 East, Warren Township, and the West Half of the Northwest and Southwest Fractional Quarters of Section 19, Township 38 North, Range 2 East, German Township, the plat of which is recorded as Instrument No. 0111166 in the Office of the Recorder of St. Joseph County, Indiana, described as follows: Commencing at the northeast corner of said Lot 2; thence South 00 degrees 27 minutes 56 seconds East (South 00 degrees 52 minutes 53 seconds East per said subdivision) 270.16 feet along the East line of said Lot 2; thence South 07 degrees 19 minutes 27 seconds East (South 07 degrees 44 minutes 24 seconds East per said subdivision) 336.54 feet along the East line of said Lot 2; thence South 00 degrees 28 minutes 53 seconds East (South 00 degrees 53 minutes 50 seconds East per said subdivision) 29.28 feet along the East line of said Lot 2; thence South 88 degrees 22 minutes 18 seconds West 16.19 feet to the Point of Beginning for this description; thence South 88 degrees 22 minutes 18 seconds West 76.00 feet; thence North 00 degrees 03 minutes 38 seconds West 568.53 feet; thence South 89 degrees 58 minutes 31 seconds East 11.00 feet; thence South 01 degree 45 minutes 51 seconds East 134.00 feet; thence South 14 degrees 36 minutes 17 seconds East 79.28 feet; thence South 07 degrees 19 minutes 45 seconds East 313.71 feet; thence South 01 degree 50 minutes 35 seconds East 44.59 feet to the Point of Beginning, and containing 24122 square feet, more or less. Subject to covenants and restrictions of record. Furthermore, in consideration of the grant of temporary right of entry, the City of South Bend agrees to indemnify, defend, and hold harmless JVE Investments LLC, its agents and employees, from any claims, suit, cause of action or loss of any kind, including attorney's fees, arising front the exercise of this temporary right of entry. City of South Bend agrees that at the expiration of this temporary right of entry, it will leave said property in as good as or better condition as it exists on this date, consistent with the purpose of entry described herein. This right of entry shall last until and including December 31, 2003. OWNER: JVE Investments LLC Thomas F. Veldman, President I/ //p/0z STATE OF INDIANA ) SS: COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared Thomas F. Veldman, President, JVE Investments LLC, and acknowledged the execution f the foregoing Agreement for the Purpose of Temporary Right of Entry, this �'"day of execution ber , 2002. My Commission Expires: AlbiTH D. QIWN/4''NotaryPublic Residing in Lct Port,, County CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary Gilot, President �- Carl Liittitrell, Member Dori Inks, Member S/T: Angela kAacob, CIer "