HomeMy WebLinkAbout#3058- Deed; TEMPORARY EASEMENT Northwest Quarter of Section 25, Township 37 North Range 2 East of the Second Principal Meridian (Michigan Street Project No. 104-024)3058
3/21 /06
Temporary Easement
LOT NO. 25, 25A, 25B
SUB: Chippewa Heights
C-B Realty
Michigan Street (U.S. 31)
Description:
Northwest Quarter of Section 25, Township 37 North, Range 2 East
of the Second Principal Meridian (Michigan Street Project No. 104-
024)
FZJ E� 1 (2) 7
RECORDED AS PRESENTED ON
03/21/2006 12:46:14Ph
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $23.00
PAGES: 8
PROJECT: STP-9971(053)
PARCEL: 25, 25A & 25B
TEMPORARY EASEMENT AGREEMENT
THIS INDENTURE WITNESSETH, THAT C-B Realty, an Indiana general partnership
of St. Joseph County, in the State of Indiana ,
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 lie (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 pro ei and/or lawn grading and/or walk constrttetion 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
grading and/or walk construction and/or curb installation 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 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(s) executing this agreement represent(s) and certify(certifies) on behalf of the
Grantor, that he/she/they is (are) the General Partner (Title) of the Grantor and has (have) been fully
empowered by the Grantor, to execute and deliver this agreement and all other such instruments of
transfer; that the Grantor is a partnership 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 )VA day of N . , 2005.
James M. Bradley. General Partner
(Printed Name and Title)
Page 1 of 2
QDC� 1 12329-7
RECORDED AS PRESENTED ON
03/21/2006 12:46:14P14
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $23. 00
PAGES: 0
PROJECT: STP-9971(053)
PARCEL: 25, 25A & 25B
TEMPORARY EASEMENT AGREEMENT
THIS INDENTURE WITNESSETH, THAT C-B Really. an Indiana general partnership
of St. JoSQ12h County, in the State of Indiana ,
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 lie (she, they) is (are) the sole owner(s) of tine
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) 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
grading and/or walk construction and/or curb installation 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 grading and/ote
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(s) executing this agreement represent(s) and certify(certifies) on behalf of the
Grantor, that he/she/they is (are) the General Partner (Title) of the Grantor and has (have) been fully
empowered by the Grantor, to execute and deliver this agreement and all other such instruments of
transfer; that the Grantor is a partnership 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 day of AJ , 2005.
James M. Bradley, General Partner
(Printed Name and Title)
Page I of 2
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said County and State, this 17 YK day of
VVWWAW-7 2005, personally appeared James A Bradley, General Partner of
B i
C-Realty, an Indiana general pa _ , and acknowledged the
execution of the foregoing instrument. Witness my hand and notarial seal.
My Commission Expires:
JAMIS C. DEATHE
Notarjl Pub!iC, S?ai.o of fAima
CQUt3iy G1' �1��f:!S
My Commiss on F,q;i,f;s r � 29, ��^8 Notary is
Counv of e�
This instrument prepared by: John R. Livingston, Assistant City Attorney
Page 2 of 2
PROPOSED DESCRIPTION
PARCEL 25B - 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 TIAE
SECOND PRINCIPAL MERIDIAN, CENTRE TOWNSHIP, ST.JOSEPH COUNTY,
INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCING AT TI-IE WEST QUARTER CORNER OF SECTION 25, AS
EVIDENCED BY AN ALUMINUM SECTION CORNER MARKER; THENCE
NORTH 87 ° 40' 50" EAST ON THE SOUTH LINE OF THE NORTHWEST QUARTER
OF SECTION 25, ALSO BEING LINE "S-1 I -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 1292.90 FEET; THENCE NORTH 86°09'31" WEST A DISTANCE
OF 50.00 FEET TO A POINT (657) ON THE 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 55.00 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); THENCE SOUTH 03 ° 50'29" WEST ON SAID
WESTERLY RIGHT -OF -WAY A DISTANCE OF 55.00 FEET TO THE POINT OF
BEGINNING.
PARCEL CONTAINS 0.0126 ACRES MORE OR LESS.
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
OCTOBER 7, 2005
04-151
SHEET 2 OFF'
5
•� .JV.VV LL. e,Lv i l.V��J ��VJ.l1VLJ/ 2UZUl1Ud4
655
"q"
1057+05
60.00' Lt.
12011.7692
9975,0832
656
"A"
1057+40
60.00' Lt.
12046.6906
9977.4279
657
"A"
1057+40
50.00 Lt.
12046.0207
9987.4055
658
"A"
1057+95
50.00' Lt.
12100.8971
9991.0901
659
"A"
1057+95
60.Od Lt.
12101.5670
9981.1125
* ST a 0
�j'
SCALE: 1"=20' r��rfjfh� ►fi ���',�
Ff Ili
TERRITORIAL ENGINEERING., -
LLC
VAN H. JANOVIC R08ERT S. AL01
WALKERTON INDIANA L.S. SO411 L.S. 20200024
/1 6l 2005
INVALID UNLESS
EMBOSS SEALED
e e° T 3
Exhihii "A"
PROPOSED DESCRIPTION
- PARCEL 25 - 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-11-A" PER I.N.D.O.T. ROAD PLANS STP-
9971(053), A DISTANCE OF 726.57 FEET TO LINE `°A" PER LN.D.O.T. ROAD
PLANS STP-9971(053); THENCE NORTH 03 "50'29" EAST ON SAID LINE "A" A
DISTANCE OF 1210.38 FEET; THENCE NORTH 86°09'31" WEST A DISTANCE
OF 50.00 FEET TO A POINT (653) ON THE WESTERLY RIGHT-OF-WAY OF
MICHIGAN STREET (U.S. 31), BEING TIIE POINT OF BEGINNING; THENCE
SOUTH 87 ° 55'49" WEST ON THE SOUTH LINE OF TIIE PARCEL OF LAND
DESCRIBED IN DEED DOCUMENT #8417165, A DISTANCE OF 10.05 FEET;
THENCE NORTH 03 ° 50'29" EAST A DISTANCE OF 48.56 FEET; THENCE
SOUTII 86 "09'31" EAST A DISTANCE OF 10.00 FEET TO THE WESTERLY
RIGHT-OF-WAY OF MICHIGAN STREET (U.S. 31); THENCE SOUTH 03°50'29"
WEST ON SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 47.52 FEET TO
THE POINT OF BEGINNING.
PARCEL CONTAINS 0.0110 ACRES MORE OR LESS.
TERRITORIAL ENGINEERING, LLC
WALKERTON, 1NDIANA
OCTOBER 7, 2005
04-151
SHEET 1 OF,r
C,
VJL 1 /1 I 1 VJV 1 JV.'Y-� j UV.VV Ll.l •-•�-�•�--- -.. .._ _ _
653
"A"
1056+57.48
50.00' Lt.
11963.6856
9981.8772
654
"A"
1057+05
50.00' Lt.
12011.0993
9985.0607
655
"A"
1057+05
60.00' Lt.
12011.7692
9975.0832
656
"A"
1057+40
60.00' Lt.
12046.6906
9977.4279
657
"A"
1057+40
50.00' Lt.
12046.0207
9987.4055
658
"A"
1057+95
50.00' Lt.
12100.8971
9991.0901
659
"A"
1057+95
60.00' Lt.
12101.5670 1
9981,1 125
SCALE: 1 "=20'
TERRITORIAL ENGINEERING l
LLC
VAN H. JANOVIC
WALKERTON INDIANA L.S. S0411
f�21
� V
No.
20200024
`t S7WE Of
�ilH tttt�titK�t1�ir�`�.
11 it 2005
ROBERT S. ALOI INVALID UNLESS
L.S. 20200024 EMBOSS SEALED
.S'iH e e 7. 3
PARCEL #:
25, 25B
AREA PERMANENT R/W (FEE):
PRO IECT #:
STP-9971(053) DES #:OIOI 183
AREA PERMANENT EASEMENT:
ROAD:
MICHIGAN ST.
AREA TEMPORARY R/W:
COUNTY:
ST. JOSEPH
SECTION:
25
TOWNSHIP:
CENTRE
RANGE:
2E
S86'09'31 "E
10.00'
659
E-1
25B
�
W
a
76
n
d+Cc
C.B. REALTY
\
\
DOC.# 8614796
LO
�
z
0
LO
CQ
C.B. REALTY
\
\
FT —I
w
o
DOC,# 8417165
�
7A
656
77
N86'09'31 "W
10.00'
�wr
S86'09'31 "E
10.00'
655
78 co
N
PARCEL 25-TEMPORARY
DRIVE u
\
0.0110 Ac.
�
PARCEL
25B-TEMPORARY
O
DRIVE `.n
N
0
0.0126 Ac.
o
652
01
O
LO
0
N/A
OWNER/RECORD REFERENCE:
N/A
C.B. REALTY
0.0236 Ac.
C/O JAMES M. BRADLEY
5233 COLDWATER RD,
FORT WAYNE, IN 46825
DOC.# 8417165
DOC.# 8614796
HATCH LEGEND
PERMANENT R/W
(FEE)
658
PERMANENT
EASEMENT
TEMPORARY R/W
cd
657
W
Co
654
�
O
_�
O
11.0
Q
Q
Iu
z
>1
Ld
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N
O
M
O
z
653
S87'55'49 "W
10.05'
POINT
LINE
STATION
OFFSET
NORTHING
EASTING
652
"A"
1056+56.44
60.00'
Lt.
11963.3225
9971.8303
653
"q"
1056+57.48
50.00'
Lt.
11963.6856
9981.8772
654
"A"
1057+05
50.00'
Lt.
12011.0993
9985.0607
655
"A"
1057+05
60.00'
Lt.
12011.7692
9975.0832
656
"A"
1057+40
60.00'
Lt.
12046,6906
9977. 2279
657
"q"
1057+40
50.00'
Lt.
12046.0207
9987.4055
658
"A"
1057+95
50.00'
Lt.
12100.8971
9991.0901
659
"A" 1
1057+95
60.00'
Lt-j
12101.5670
9981,1 125
SCALE: 1 "=20'
TERRITORIAL ENGINEERING -�
LLC
WALI(BUON INUANA S. So41 jANOVIC
S11--eT 3
4: ';>
20200024
STATE CW
/'v to I A .•
17gfrriillN\\\\��,�\`,
��J l / l I Zoos
ROBERT S. ALOI INVALID UNLESS
L.S. 20200024 EMBOSS SEALED
PROPOSED DESCRIPTION
- PARCEL 25A - 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 TILE 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 1257.90 FEET; TIIENCE NORTH 86 ° 09'31" WEST A DISTANCE
OF 50.00 FEET TO A POINT (654) ON THE WESTERLY RIGHT-OF-WAY OF
MICHIGAN STREET (U.S. 31), BEING THE POINT OF BEGINNING; THENCE
NORTH 86 ° 09'31" WEST A DISTANCE OF 5.00 FEET; THENCE NORTH
03 050'29" EAST A DISTANCE OF 35.00 FEET; THENCE SOUTH 86 °09'31" EAST
A DISTANCE OF 5.00 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 35.00 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 0.0040 ACRES MORE OR LESS.
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
OCTOBER 7, 2005
04-151
SHEET X OF X
1� 5
PARCEL #: 25A
AREA PERMANENT R/W (FEE): N/A
OWNER/RECORD REFERENCE:
PROJECT #: S'IP-9971(053) DES #: 0101183
AREA PERMANENT EASEMENT: N/A
C.B. REALTY
ROAD: IYUCI-RGAN 81'•
AREA TEMPORARY R/W: R0040 Ac.
C/O JAMES M. BRADLEY
COUNTY: ST. JOSEM
5233 COLDWATER RD.
FORT WAYNE, IN 46825
SECTION: 25
TOWNSHIP: CENTRE
DOC.j 8417165
RANGE: 2E tDOC.1
8614796
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C.B. REALTY
DOC.# 8614796
76
S86'09'31 "E
77A
C.B. REALTY
DOC.# 8417165
657
77
o04
00
�Lrj '6b
a � \ to
660
z
654
78
N86'09'31 "W
5.00,
POINT
LINE
STATION
OFFSET
NORTHING
EASTING
654
"A"
1057+05
50.00' Lt.
12011.0993
9985,0607
657
"A"
1057+40
50.00' Lt.
12046.0207
9987.4055
660
"A"
1057+05
55.00' Lt.,
12011.4343
9980.0720
661
1 "A" 1
1057+40
55.00' Lt.
12046.3556
1 9982.4167
cd
W
C_V
C
SCALE. 1"=20'
HATCH LEGEND
PERMANENT R/W
(FEE)
PERMANENT
EASEMENT
TEMPORARY R/W
r
xQ
fz
Li
N
0
U3
0
Z
ffLTERRTTORIAL ENGINEERING,
LLC '2005
VAN H. JANOVIC ROBERT S. ALOI INVALID UNLESS
WALKERTON WMA 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. I 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 forgoing declarations are true.
2
Signature of Declarant
Shawn E. Peterson
Printed Name of Declarant