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HomeMy WebLinkAbout#3014- Deed; TEMPORARY EASEMENT A part of Lot 8 in Landmark Business Park Section Six, Part One, in German Township3 4 12/1 1//2005 Temporary Easement 25 -1017-0604 LOT NO. Lot 8 Al SUB: Landmark Business Pam ACRI. Inc. Olive Road/Brick Road Description: Park Section Six, A part of Lot 8 in Landmark Business Part One, in German Townskip -)-II�'1C,'- q `1 PROJECT: 103-79 PARCEL: 5 & 5A TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT ACRi Inc. an Indiana corporation ofLOS /In/CTEGES County, in the State of California , CONVEY(S) A TEMPORARY EASEMENT TO THE CITY OF SOUTH BEND, STATE OF INDIANA for and in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, the following described real estate in St. Joseph County, Indiana, to -wit: Exhibit "A" attached hereto and made a part hereof The undersigned grantor(s), being duly sworn, say(s) that he (she, they) is (are) the sole owner(s) of the above -described property, and said grantor(s) further represent(s) that there are no leases or options of any kind or character on said lands as conveyed. The above -described right of way is temporary right of way for the purposes of constructing a driveway for service to the rantor's s'private propeM and/or lawn grading and will revert to the grantor(s) upon the completion of said project. It is further understood and agreed that this conveyance transfers only the right to make or construct said driveway and/or lawn rag _din on said lands and to use any material lying within the above -described limits suitable for use in construction of said driveway and/or lawn rag_ ding and does not convey any rights to any minerals or other substances underneath the surface, except as it may be used for the construction of said improvements. Trees or any other land improvements may be cut or removed from said granted temporary easement by the City of South Bend, through its authorized representatives during said construction. The undersigned person(s) executing this Agreement represent(s) and certify(certifies) on behalf of the Grantor, that (each of) the undersigned is a duly elected officer of the Grantor and has been fully empowered by proper resolution, or the by-laws of the Grantor, to execute and deliver this Agreement; that the Grantor is a corporation in good standing in the State of its origin and, where required, in the State where the subject real estate is situate; that the Grantor has full corporate capacity to convey the real estate described; and that all necessary corporate action for the making of this conveyance has been duly taken. Dated this day of - , 2005. (Printed Name and Title) Page I of 2 STATE OF CALIFORNIA } } SS: COUNTY OF } Before me, the undersigned, a Notary Public in and for said County and State, this l day of 2005, personally appeared of ACRI, Inc. an Indiana corporation , and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal. My Commission Expires: SANDRA L. KIRSCH Commisslon k 1475119 Notary Public - California Los Angeles County My Comm. Expires Mar 8, 2006 Notary Public _o County of Residence �G . This instrument prepared by: Cheryl Greene, Attorney at Law Page 2 of 2 EXHIBIT "Al? Project: Olive Road /Brick Road Sheet 1 of 1 Parcel: 5 Temporary Right -of -Way for Lawn Grading part of Lot 8 in Landmark Business Park Section Six, Part One, in German Township,, City of South Bend, the plat of which is recorded in Instrument No. 8928004, in the Office of the Recorder of St. Joseph County, Indiana, described as follows: Beginning on the west line of said lot South 0 degrees 27 minutes 23 seconds East 227.21 feet from the northwest comer of said lot; thence North 89 degrees 32 minutes 37 seconds East 5.00 feet; thence South 0 degrees 27 minutes 23 seconds East 130.00 feet; thence North 89 degrees 32 minutes 37 seconds East 15.00 feet; thence South 0 degrees 27 minutes 23 seconds East 45.00 feet; thence South 89 degrees 32 minutes 37 seconds West 15.00 feet; thence South 0 degrees 27 minutes 23 seconds East 25.00 feet; thence South 89 degrees 32 minutes 37 seconds West 5.00 feet to said west line; thence North 0 degrees 27 minutes 23 seconds West 200.00 feet along said west line to the point of beginning and containing 0.038 acres, more or less. This description was prepared for the City of South Bend, Indiana by DLZ Indiana, LLC and certified by .lames Michael Lietzan, Indiana Registered Land Surveyor, License Number 50475, on the 14`h day of June, 2004. fi/ames Michael Lietzan d Indiana Registered Land Surveyor No. S0475 s p SL4�iE of o �� � r EXHIBIT "A" Project: Olive Road Brick Road Sheet 1 of 1 Parcel: 5A Temporary Right -of -Way for Drive Construction A part of Lot 22 in Landmark Business Park Section Seven in German Township, City of South Bend, the plat of which is recorded in Instrument No. 9238271, in the Office of the Recorder of St. Joseph County, Indiana, described as follows: Beginning on the west line of said lot North 0 degrees 27 minutes 23 seconds West 127.93 feet from the southwest comer of said lot; thence North 0 degrees 27 minutes 23 seconds West 45.00 feet along said west line; thence North 89 degrees 32 minutes 37 seconds East 15.00 feet; thence South 0 degrees 27 minutes 23 seconds East 45.00 feet; thence South 89 degrees 32 minutes 37 seconds West 15.00 feet to the point of beginning and containing 0.015 acres, more or less. This description was prepared for the City of South Bend, Indiana by DLZ Indiana, LC and certified by James Michael Lietzan, Indiana Registered Land Surveyor, License Number S047 , on the 14t' day of June, 2004. ames Michael Lietzan Indiana Registered Land Surveyor No. S0475 s k r EXIIIBIT "A" Project: olive Road /Brick Road Sheet I of I Parcel: 5A Temporary Right -of -Way for Drive Construction A part of Lot 22 in .Landmark Business Part: Section Seven in German Township, City of South Bend, the plat of which is recorded in Instrument No. 9238271, in the Office of the Recorder of St. Joseph County, Indiana, described as follows: Beginning; on the west line of said Iot North 0 degrees 27 minutes 23 seconds West 127.93 feet from the southwest corner of said lot; thence North 0 degrees 27 minutes 23 seconds West 45.00 feet along said west line; thence Norh 89 degrees 32 minutes 37 seconds East 15.00 feet; thence South 0 degrees 27 minutes 23 seconds East 45.00 feet; thence South 89 degrees 32 minutes 37 seconds West 15.00 feet to the point of beginning and containing 0.015 acres, more or less. This description was prepared for the City of South Bend, Indiana by DLZ Indiana, LC and certified by James Michael Lietzan, Indiana Registered Land Surveyor, License Number S047 , on the 14'h day of June, 2004. �d�a ames Michae] Lietzan Indiana Registered Land Surveyor No. S0475 p t `I �N6 STArF SALES DISCLOSURE FORM c State Form 46021 (R41904) PRIVACY NOTICE: The telephone A numbers of the parties on this form are [*, jz Prescnbed by Depalmenl of Locat Government Finance I I III II III 111 IN � confidential according to IC 6-1.1-5.5- •:: Pursuant lolC61.7-5.5 3(dr. rA16 Pal of Para Parcel Number(s) (Show additional parcels on separate sheet if necessary) Acreage or Lot Size (sphh JJJJ° 1 7 JJ�JJJJJJJJJJJ JJJJ.JJ • JJ_JJ L-1-i JJJJJJJJJJ JJJJ_J UJ ILIJ-11 -1 J -1 -1 -1 -1 -1 -1 _J _J -1 -1 -1J JJJJJJ 0 Address N of Parcels East side of Olive Road, South of Brick Road J J 1 City, Town. or Post Office state I ZIP Code South Bend l - -- - 1 j NJ 41 6 I6 1 2 18 1I J_J Tax Billing Address (if other than property address) 12311 Shoemaker Avenue City, Town, or Post Office _ State ZIP Code Santa Fe Springs 1 JJ JJJJJ JJJJ See Attached Exhibit "A" Identify all conditions/items that apply • 1-Buyer Is an adjacent property owner • 2-Vacant Land O3-Exchange for other real property ("Trade") Q4-Seller Paid Points; amount if applicable $I" FT-T-1,�J (D 5-Change planned In the primary use of the property? Describe In special circumstances. NOTE: If items 12-21 apply, filers are not subject to disclosure filing fee. 0 6-Existence of family or buslness relationship between buyer and seller O7- Land Contract Dated: OB-Personal property Included In transfer; amount if applicable ISM00010n O9- Significant physical changes to property between March 1 and date of sale O10- Non -Warranty deed; specify type 0 11- Partial Interest. Describe In special circumstances. O12-Security Interest documents such as mortgages or trust deeds. O13-Leases less than 90 years O14-Document resulting from foreclosure, or express threat of foreclosure, divorce court order, condemnatlon, probate or other judicial proceedings. 15-Agreements and other documents for mergers, consolidatlons, and Incorporations J16-Quitclaim deeds not serving as a source of title J17-Documents involving the partition of land between tenants In common, joint tenants, or tenants by the entirety. 0 18-Transfer to a charity, not -for -profit or government Institution 0 19-Transfer for no or discounted consideration, or gift 0 20-Rerecording to correct prior recorded document to21-Easements, Right-of-way grants Contract Date (MMIDDIYYYY) Sales Price �a/�U/ [Z as $�J,�,76 1 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 Temporary Right -of -Way Only for Road Construction I � 'Y INDIANA SALES DISCLOSURE FORM Page Seller 1 - Name or Entity as appears on deed ACRI, Inc., an Indiana corporation Address 12311 Shoemaker Avenue City. Town, or Post Office State ZIP Code Santa Fe Springs —_ C 9 0 16 __JJ _�JI Seller � Name or Entity as appears on deed — Address City, Town, or Post Office 1 State ZIP (Code Title Company Name {if applicable) Title Company Phone ! J-1i - -1l] - ��JJ 1 - Name or Entity as appears on deed i The City of South Bend, State of Indiana Community & Economic Development Will this property be the buyers primary Address residence? 1200 County -City Building, 227 W. Jefferson Bouievard O Yes No City, Town, or Post Office State ZIP Code South Bend 1 18J J Buyer 2 - Name or Entily as appears on deed Address City, Town, or Post Office Slate ZIPCode 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 IC -1. - "Real Property Sales Disclosure Act". Signature of ter /" Signature of Buyer it I Buyer Sign Dale ✓'Seller S D I��' Iy O( YYYY) (MMDDYYYSeller Phone Buyer Phone 5 1 6 1 2 9 0 12] 0] _0] 9 7] 9�] S' Completion ()Yes County Assessor or other assessing offical must verify and complete the following information: 0 Significant physical changes to property between March 1 and date of sale ' w L I t I �� AV LAND use codeerty ass use code �l Taxiing District (DLG Ir assig ned AViMPV I INoJ Date Entered in Transfer Book y^ AV TOTAL O Valid Sale JJJ J�J-1 I ` JJ NEIGHBORHOOD CODE 14 INDIANA SALES DISCLOSURE FORM Page 3 INSTRUCTIONS Indiana law requires a sales disclosure form to be completed when a conveyance document (see definition below) is filed with the county auditor. The county auditor may not accept a conveyance if (1) the sales disclosure form is not included with the conveyance document; or (2) the sales disclosure form is incomplete. A person filing a sales disclosure form shali pay a fee often dollars ($10.00) to the county auditor. PART 1: BUYER AND SELLER INFORMATION Property Transferred Information. Either the buyer/grantee or the seller/grantor should provide the parcel number(s) (including all dashes and decimals), full address, tax billing address, lot size, and legal description of the parcel(s) transferred. A legal description is especially important for metes and bounds descriptions and new parcels. If the transaction consists of more than three parcels, an additional list of parcel numbers and lot sizes must be attached to this document. Sales conditionslitems. The information in this section is used to determine sales characteristics, establish market value, determine applicability of the sale and for use in ratio or other studies. The appropriate circle or circles should be filled in for all conditionslitems that apply to the sale. With regard to personal property (see definitions below), the buyer or seller must enter an estimated value of the personal property included in the sale. Similarly, the buyer and seller must enter the amount of seller paid points as applicable. Please note that while indicating that certain conditionslitems will result in not paying a filing fee, the buyer/grantee or seller/grantor is still responsible for completing the form in full. Sales Data. The date and sales price of the property transfer is to be printed in the spaces provided. Any unusual or special conditions of the sale that may affect the sales price or terms of the sales agreement should also be described. Seller/Grantor Information. Seller(s)/grantor(s) are to provide the full name and address for seller(s) or entity as applicable. If there are more than two individuals or entities involved in the transaction, additional ownership information must be included in an attachment to this form. The seller/grantor must also provide, if applicable, the name and telephone number of the title company that handled the transaction- Buyer/Grantee Information. Buyer(s)/grentee(s) are to provide the full name and address for buyer(s) or entity as applicable. If there are more than two individuals or entities involved in the transaction, additional ownership information must be included in an attachment to this form. The buyer/grantee must also indicate whether the property will be used as a residential primary residence. Signature and Verification. The buyer/grantee, seller/grantor or their representatives must sign one (1) sales disclosure form, or if the parties do not agree on the information to be included on the completed form, each party must sign and file a separate form. If anyone other than the buyer/seller or an attorney of the buyer/seller is filling out the form, a properly executed Power of Attorney must be completed and attached. A person who knowingly and intentionally falsifies or omits any information required on this form commits a Class A infraction. PART 2: COUNTY AUDITOR RESPONSIBILITY The county auditor is responsible for collecting the filing fee as well as ensuring that all parties to the conveyance have completed and signed the form as required. The county auditor may not accept the sales disclosure statement if the statement is not signed by the buyer or seller. If the buyer or seller fails to completely fill out their designated portion of the form, the county auditor may not accept the conveyance document. The county auditor must also confirm the date the property was duly entered for transfer. PART 3: COUNTY ASSESSOR INFORMATION The county assessor is responsible for determining whether or not significant physical changes have been made to the property between March 1 and the date of sale. The county assessor is also responsible for entering property class or use codes, the proper department of local government finance taxing district number, the current assessed value, and neighborhood code information. The county assessor and/or other assessing officials are responsible for verifying the sale as well (note that verification is not required prior to submitting sales data to the DLGF). Sales disclosure forms provided in response to public records requests should not include phone numbers. Definitions Conveyance Document means any document, land sale contract, deed, quitclaim deed serving as a source of title, or other document presented for recording, that purports to transfer a real property interest for valuable consideration. Personal property — items that are not attached (built-in or affixed) to the real estate (land and buildings). This might include items such as washers, dryers, window treatments, stoves and refrigerators. Other items considered personal property are boats and other vehicles, inventories (livestock, goods in process or for trade, or agricultural commodities) and machinery used in farming or manufacturing. . ; I EXHIBIT "A" Project: Olive Road Brick Road Parcel: 5 Temporary Right -of -Way for Lawn Grading Sheet 1 of 1 A part of Lot 8 in Landmark Business Park Section Six, Part One, in German Township, City of South Bend, the plat of which is recorded in Instrument No. 8928004, in the Office of the Recorder of St. Joseph County, Indiana, described as follows: Beginning on the west line of said lot South 0 degrees 27 minutes 23 seconds East 227.21 feet from the northwest corner of said lot; thence North 89 degrees 32 minutes 37 seconds East 5.00 feet; thence South 0 degrees 27 minutes 23 seconds East 130.00 feet;,thenee North 89 degrees 32 minutes 37 seconds East 15.00 feet; thence South 0 degrees 27 minutes 23 seconds East 45.00 feet; thence South 89 degrees 32 minutes 37 seconds West 15.00 feet; thence South 0 degrees 27 minutes 23 seconds East 25.00 feet; thence South 89 degrees 32 minutes 37 seconds West 5.00 feet to said west line; thence North 0 degrees 27 minutes 23 seconds West 200.00 feet along said west line to the point of beginning and containing 0.038 acres, more or less. This description was prepared for the City of South Bend, Indiana by DLZ Indiana, LLC and certified by James Michael Lietzan, Indiana Registered Land Surveyor, License Number SO475, on the 14ih day of June, 2004. Ames Michael Lietzan Indiana Registered Land Surveyor No. SO475 i sM of m o , �su C oP old - /U / / l W Uv f Trams.tar_._).? 3 �� PROJECT: 103-79 PARCEL: 5 & 5A RECORDED AS PRESENTED ON 12/20/2005 03:21:06P-M TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $15.00 PAGES: 4 TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT . ACRI Inc.. an It corporation _ of(_o!5 11County, in the State of California , CONVEY(S) A TEMPORARY EASEMENT TO THE CITY OF SOUTH BEND, STATE OF INDIANA for and in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, the following described real estate in St. Joseph County, Indiana, to -wit: Exhibit "A" attached her,-Ao and made a part hereof The undersigned grantor(s), being duly sworn, say(s) that Ile (she, they) is (are) the sole owner(s) of the above -described property, and said grantor(s) further represent(s) that there are no leases or options of any kind or character on said lands as conveyed. The above -described right of way is temporary right of way for the purposes of constructing a driveway fur service to the rantor's s'private propeM and/or lawn radm- and will revert to the grantor(s) upon the completion of said project. It is further understood and agreed that this conveyance transfers only the right to make or construct said driveway and/or lawn grading on said lands and to use any material lying within the above -described limits suitable for use in construction of said driveway and/or lawn rag ding and does not convey any rights to any minerals or other substances underneath the surface, except as it may be used for the construction of'said improvements. Trees or any other land improvements may be cut or removed from said granted temporary easement by the City of South Bend, through its authorized representatives during said construction. The undersigned person(s) executing this Agreement represent(s) and certify(certifies) on behalf of the Grantor, that (each of) the undersigned is a duly elected officer of the Grantor and has been fully empowered by proper resolution, or the by-laws of the Grantor, to execute and deliver this Agreement, that the Grantor is a corporation in good standing in the State of its origin and, where required, in the State where the subject real estate is situate; that the Grantor has full corporate capacity to convey the real estate described; and that all necessary corporate action for the making of this conveyance has been duly taken. Dated this R�) day of C���� �'�'� , 2005. (Printed Name and Title) Page 1 of 2 :?fin ' ` ' DBE, 2 1 1005'