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Home My WebLink About#3057- Deed; TEMPORARY EASEMENT Lot 24 - Northwest Quarter of Section 25, Township 37 North, Raange 2 East of the Second Principal Meridia, Centre Township (Michigan Street Project No. 104-024)3057 3/21/06 Temporary Easement LOT NO. 24, 24A, 24B SUB: Chippewa Heights WMCR Holding Company, LLC Michigan Street (U.S. 31) Description: Lot 24 - Northwest Quarter of Section 25, Township 37 North, Raange 2 East of the Second Principal Meridia, Centre Township (Michigan Street Project No. 104-024) ID cm. i (D2 7E3 RECORDED AS PRESENTED ON 03/21/2006 12:47:43PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $21.00 PAGES: 7 PROJECT: STP-9971(053) PARCEL: 24, 24A & 24B TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT WWR Holdin Com any L.L.,.C.. a Michi an limited liability company of Alpena _ County, in the State of Michigan 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 grantor's(s') private property and/or lawn_ grading and/or walk construction and/or curb installation 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 errading and/or walk construction and/or curb installation on said lands and to use any material lying within the above -described Iimits suitable for use in construction of said driveway and/or lawn grading and/or walk construction and/or curb installation 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 executing this agreement represents and certifies on behalf of the Grantor, that he is the Manager of the Grantor and has been fully empowered by the Grantor, to execute and deliver this agreement and all other such instruments of transfer; that the Grantor is a Limited Liability Company 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 capacity to convey the real estate described; and that all necessary action for the making of this conveyance has been duly taken. Dated this p-YL day of Igg— , 2005. VdMCR I-lolding, Company. L.L.C.. a Mlchig)an limiled liability com pan Timothy E. Fitzpatrick. Manager (Printed Name and Title) Page 1 of 2 STATE OF MICHIGAN ) ) SS: COUNTY OF ALPENA ) Before me, the undersigned, a Notary Public in and for said County and State, this 27th day of December , 2005, personally appeared Timothy E. Fitzpatrick. Manager of WM R Holding C m an L.L.C. a Michigan limited liability company , and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal. My Commission Expires: Notary .ublic County of R s' ence Alpena Wll w1ff f1'11 at} NOVIYGlK M,x.,D J Publ4 , AJperia Cour6y, W This instrument prepared by: John R. Livingston, Assistant City Attorney L , Cvq-4 s �� .t ipl �P. �, Page 2 of 2 Exhibit "A" PROPOSED DESCRIPTION FARCEL 24 - TEMPORARY RIGHT-OF-WAY FOR DRIVE CONSTRUCTION A TEMPORARY RIGHT—OF-WAY PARCEL LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN, CENTRE TOWNSHIP, ST..IOSEPI-I COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TIIE WEST QUARTER CORNER OF SECTION 25, AS EVIDENCED BY AN ALUMINUM SECTION CORNER MARKER; THENCE NORTH 87040'50" EAST ON TIIE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 25, ALSO BEING LINE "S-11-A" PER I.N.D.O.T. ROAD PLANS STP- 9971(053), A DISTANCE OF 726.57 FEET TO LINE "A" PER I.N.D.O.T. ROAD PLANS STP-9971(053); THENCE NORTH 03°50'29" EAST ON SAID LINE "A" A DISTANCE OF 1105.90 FEET; THENCE NORTH 86°09'31" WEST A DISTANCE OF 50.00 FEET TO A POINT (642) ON THE WESTERLY RIGHT-OF-WAY OF MICI-IIGAN STREET (U.S. 31), BEING THE POINT OF BEGINNING; THENCE NORTH 86009'31" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 03 ° 50'29" EAST A DISTANCE OF 35.00 FEET; THENCE SOUTH 86 ° 09'31" EAST A DISTANCE OF 10.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF MICHIGAN STREET (U.S. 31); `HENCE SOUTH 03°50'29" WEST ON SAID WESTERLY RIGHT—OF-WAY A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0080 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA OCTOBER 7, 2005 04-151 SHEET 1 OF,X `f 646 "A" 1056+05 50.00' Lt. 11911.3240 9978. 6615 647 "A" 1056+05 60.00' Lt. 11911.9939 9968.3839 648 "A" 1056+40 60.00' Lt. 11946.9153 9970.7287 649 "A" 1056+40 50.00' Lt. 11946.2453 9980.7062 650 "A" 1056+50 50.00' Lt. 11956.2229 9981.3761 651 "A" 1056+50 60.00' Lt. 11956,8928 9971.3986 652 "q" 1056+56.44 60.00' Lt. 11963.3225 §971.8303 653 "A" 1056+57.48 50..00' Lt 11963.6856 9981.8772 �TERRITGRIAL ENGINEERING, �— I — LLC KFF:rrcw WfXANA ` V%q T 8, � rf4 ti O r'al5 T &,k% Qr O '.. No. 20200024 STATV Of t '. SCAB: i"=20' i%y�� •,A,.y�,*� SLfw �rrrrrril to t+�� 2005 VAN H. JANOVIC ROBERT S. ALOI WVAfD UNLESS I _; 504l l L.S. 20200024 FMRORR SFAI Fn PROPOSED DESCRIPTION PARCEL 24A - TEMPORARY RIGHT-OF-WAY FOR DRIVE CONSTRUCTION A TEMPORARY RIGHT-OF-WAY PARCEL LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN, CENTRE TOWNSHIP, ST.JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 25, AS EVIDENCED BY AN ALUMINUM SECTION CORNER MARKER; THENCE NORTH 87040'50" EAST ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 25, ALSO BEING LINE "S-I1-A" PER I.N.D.O.T. ROAD PLANS STP- 9971(053), A DISTANCE OF 126.57 FEET TO LINE "A" PER I.N.D.O.T. ROAD PLANS STP-997I(053); THENCE NORTH 03 "50'29" EAST ON SAID LINE "A" A DISTANCE OF 1157.90 FEET; THENCE NORTH 86°09'31" WEST A DISTANCE OF 50.00 FEET TO A POINT (646) ON THE WESTERLY RIGHT-OF-WAY OF MICIIIGAN STREET (U.S. 31), BEING THE POINT OF BEGINNING; THENCE NORTH 86009'31" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 03"50'29" EAST A DISTANCE OF 35.00 FEET; THENCE SOUTH 86 °09'31" EAST A DISTANCE OF 10.00 FEET TO TILE WESTERLY RIGHT-OF-WAY OF MICIIIGAN STREET (U.S. 31); THENCE SOUTH 03°50'29" WEST ON SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 35.00 FEET TO TIIE POINT OF BEGINNING. PARCEL CONTAINS 0.0080 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA OCTOBER 7, 2005 04-151 SHEET 2 OF,3' q Wto I 'A - I UZ)b+UZ) 50.00' Lt. 11911,3240 9978.3615 647 "A' 1056+05 60.00' Lt. 11911.9939 9968.3839 648 "A" 1056+40 60.00' Lt. 11946.9153 9970.7287 649 "A" 1056+40 50.00' Lt. 11946.2453 9980.7062 650 "A" 1056+50 50.00' Lt. 11956.2229 9981.3761 651 1 "A" 1056+50 60.00' Lt. 11956.B928 9971.3986 652 "A" 1056+56.44 60.00' Lt. 11963.3225 9971.8303 653 "A" 1056+57.48 50..00' Lt 11963.6856 9981.8772 No. 20200024 - 3 STATE OF r SCALE: 1 "=20' ��-yJ� /'I`0 I f�'h11111 d'I TI TT��,� TERRITORIAL ENGINEERING, r~ LLC 4��[VAN H. JANOVIC WAL KERTON INDMM L.S. So w/� / 2005 ROBERT S. ALOI INVALID UNLESS L.S. 20200024 EMBOSS SEALED -SHEET 'f Of'f PROPOSED DESCRIPTION PARCEL 24B - TEMPORARY RIGHT-OF-WAY FOR DRIVE CONSTRUCTION A TEMPORARY RIGHT-OF-WAY PARCEL LOCATED IN TIIE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN, CENTRE TOWNSHIP, ST.JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 25, AS EVIDENCED BY AN ALUMINUM SECTION CORNER MARKER; THENCE NORTH 87 040'50" EAST ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 25, ALSO BEING LINE "S-1I-A" PER I.N.D.O.T. ROAD PLANS STP- 9971(053), A DISTANCE OF 726.57 FEET TO LINE "A" PER I.N.D.O.T. ROAD PLANS STP-9971(053); THENCE NORTH 03 °50'29" EAST ON SAID LINE "A" A DISTANCE OF 1202.90 FEET; THENCE NORTH 86 ° 09'31" WEST A DISTANCE OF 50.00 FEET TO A POINT (650) ON TIIE WESTERLY RIGHT-OF-WAY OF MICHIGAN STREET (U.S. 31), BEING THE POINT OF BEGINNING; THENCE NORTH 86 ° 09'31" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 03"50'29" EAST A DISTANCE OF 6.44 FEET TO TIIE NORTH LINE OF THE PARCEL OF LAND DESCRIBED IN DEED DOCUMENT # 0143139; TIIENCE NORTH 87"55'49" EAST ON SAID NORTH LINE, A DISTANCE OF 10.05 FEET TO THE WESTERLY RIGHT-OF-WAY OF MICHIGAN STREET (U.S. 31); TIIENCE SOUTH 03 ° 50'29" WEST ON SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 7.48 FEET TO TIIE POINT OF BEGINNING. PARCEL CONTAINS 0.0016 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA OCTOBER 7, 2005 04-151 SHEET 3 OF X 646 "q" 1056+05 50.00' Lt. 11911.3240 9978.3615 647 "A" 1056+C5 60.00' Lt. 11911.9939 9968.3839 648 "A" 1056+40 60.00' Lt. 11946.9153 9970.7287 649 "A" 1056+40 50.00' Lt. 11946.2453 9980.7062 650 "A" 1055+50 50.00' Lt. 11956.2229 §981. 7761 651 "A" 1056+50 60.00' Lt. 11956.8928 9971.3986 652 "A" 1056+56.44 60.00' Lt. 11963.3225 9971.8303 653 "A" 1056+57.48 50..00' Ltj 11963.6856 9981.8772 N0. 20200024 P •�STAIT Of i �•�'• AND SCALE: 111=20# i� / �f��l111111'I i1ff��A�� TERRITORIAL ENGINEERING, LLC c �— — — VAN H. JANOVIC ROBERT S. ALOI WALKEWON INDIANA L.s_ SO411 L.S. 20200024 `0/� / 2005 INVALID UNLESS EMBOSS SEALED PARCEt,.+M V 24A, 24B AREA PERMANENT R/W (FEE): NSA OWNER/RECORD REFERENCE: PROJECT #: STP-9971(053) DES #:0101183 AREA PERMANENT EASEMENT: N/A WMCR HOLDING COMPANY, LLC ROAD: 1v1ICHIGAN ST. AREA TEMPORARY R/W: 0.0176 Ac. 2229 U.S. 23 SOUTH COUNTY: ST.d05P. i ALPENA, MI 49707 SECTION: 25 TOWNSHIP: CENTRE DOC.# 0143139 RANGE: 2E PARCEL 24--TEMPORARY DRIVE 0.0080 Ac. PARCEL 24A--TEMPORARY DRIVE 0.0080 Ac. PARCEL 24B—TEMPORARY DRIVE 0.0016 Ac. N87'55'49"E 10.05' 652 ND3'S0'29"E 6.44' 651 r [� N86'09'31 "W 10.00' T--1 � 79 4 CCU � 648 w F \` Np 00 IF qN O 0 :n � L0 ,n 0 to a \ r+) � z 647 a \ V) N86'09'31 "W 10.00' S86'09'31 "E 10.00' (644 8® � ' � rn NO o� PLOL o � 643 z vai N86'09'31 "W 10.00' r . HATCH LEGEND PERMANENT R/W IB ( FEE) PERMANENT EASEMENT 653 TEMPORARY R/W S03'50'29"W 7.48' 650 S86'09'31 "E 10.00' 649 646 645 642 INT LINE STATION OFFSET NORTHING EASTING 42 k "A" 1055+53 50.00' Lt. 11859.4408 9974.8779 43 "A" 1055+53 60.00' Lt. 11860.1107 9964.9003 44 "A" 1055+88 60.00' Lt. 11895.0321 9967.2451 645 "A" 1055+88 50.00' Lt. 11894.3621 9977.2226 646 "A" 1056+05 50.00' Lt. 11911.3240 9978.3615 647 "A" 1056+05 60.00' Lt. 11911.9939 9968.3839 648 "A" 1056+40 60.00' Lt. 11946.9153 9970,7287 649 "A" 1056+4-0 50.00' Lt. 11946.2453 9980.7062 650 "A" 1056+50 50.00' Lt. 11956.2229 9981.3761 651 "A" 1056+50 60.00' Lt. 11956.8928 9971.3986 652 "A" 1056+56.44 50.00' Lt. 11963.3225 9971.8303 653 1 "A" 1056+57.48 50-00' Lt 11963.6856 9981.8772 cd LLJ X co z _V 0 S T No. _ 20200024 - STATE OF t SCALE: i "=20' yiy�......... F- TERRITORIAL ENGINEERING, �� 0 7 -- LLC 2005 VAN H. JANOVIC ROBERT S, ALOI INVALID UNLESS WAL.KEWON wcom L.S. SO411 L.S. 20200024 EMBOSS SEALED Prescribed by the State Board of Accounts (2005) Declaration County Form 170 This form is to be signed by the preparer of a document and recorded with each document in accordance with IC 36-2-7.5-5(a). I, the undersigned preparer of the attached document, in accordance with IC 36-2-7.5, do hereby affirm under the penalties of perjury: 1. 1 have reviewed the attached document for the purpose of identifying and, to the extent permitted by law, redacting all Social Security numbers; 2. 1 have redacted, to the extent permitted by law, each Social Security number in the attached document. I, the undersigned, affirm under the penalties of perjury, that the foregoing declarations are true_ 14- 4ignatureclarant o S Printed fl2me of Declarant