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Home My WebLink About#3061- 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)3061 3/21 /06 Temporary Easement LOT NO, 32, 32A, 32B SUB: Chippewa Heights Stephens, Elton & Bessie 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) PROJECT: STP-9971(053) PARCEL: 32, 32A & 32B RECORDED AS PRESENTED ON 03/21/2006 01:01:02PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $23. 00 PAGES: 8 TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT Elton S. Stephens and Bessie. Stephens Trustees under a Declaration of Trust dated June 23 1992 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 r•antor's s'private propegy 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/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 persons executing this agreement represent and certify that they are Trustees under the Elton S. Stephens and Bessie Stephens Declaration of Trust dated June 23 1992 ; and that pursuant to the Trust Agreement, have full authority to manage the affairs of said Trust and sign and execute documents on its behalf, that this authority has not been revoked; and therefore, are fully authorized and empowered to convey to the City of South Bend, State of Indiana real estate of the Trust; and on the date of execution of said conveyance instruments, it had full authority to so act. Dated this 16�`-- clay of f 2005. SEAL; n �*ef _ (Signature) (Signature) Elton S. Stephens, Trustee Bessie Ste hens Trustee (Printed Name and Title) (Printed Natne and Title) Page t of 2 STATE OF INDIANA COUNTY OF ST. JOSEPH SS: Before me, the undersigned, a Notary Public in and for said County and State, this /OV�4 day of 2005, personally appeared Elton S. Stephens and Bessie Ste hens Trustee Under a Declaration of Trust dated June 23 1992 and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal. My Commission Expires: "TP`a% gIgEAL'1 �r �HaIANP µblumm idence 4—la This instrument prepared by: John R. Livingston, Assistant City Attorney Page 2 of 2 Exhibit `cA" PROPOSED DESCRIPTION PARCEL 32 -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 87 °40'50" 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 1764.21 FEET; THENCE SOUTH 86'09'31" EAST A DISTANCE OF 50.00 FEET TO A POINT (684) ON THE EASTERLY RIGHT -OF --WAY OF MICHIGAN STREET (U.S. 31), BEING THE POINT OF BEGINNING; THENCE NORTH 03 ° 50'29" EAST ON SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 3.69 FEET; THENCE SOUTH 86 ° 09'31" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 03 ° 50'29" WEST A DISTANCE OF 2.66 FEET TO THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED IN DEED DOCUMENT ##9223088; THENCE SOUTH 87 ° 55'49" WEST ON SAID SOUTH LINE, A DISTANCE OF 10.05 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0007 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA OCTOBER 7, 2005 04-151 SHEET 1 OFZ TION PARCEL 32B - TEMPORARYPROPOSED DESCR TAY FOR DRIVE CONSTRUCTION A TEMPORARY RIGHT-OF-WAY PARCEL LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST OF T14E 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-I l-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 03 050'29" EAST ON SAID LINE "A" A DISTANCE OF 1797.90 FEET; THENCE SOUTH 86°09'31" EAST A DISTANCE OF 50.00 FEET TO A POINT (688) ON THE EASTERLY RIGHT-OF-WAY OF MICHIGAN STREET (U.S. 31), BEING THE POINT OF BEGINNING; THENCE NORTH 03050'29" EAST ON SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 16.50 FEET TO THE NORTH LINE OF THE PARCEL OF LAND DESCRIBED IN DEED DOCUMENT #9223088; THENCE NORTH 87 ° 55'49" EAST ON SAID NORTHERLY LINE, A DISTANCE OF 15.08 FEET; THENCE SOUTH 03 ° 50'29" WEST A DISTANCE OF 18.06 FEET; THENCE NORTH 86 ° 09'31" WEST A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0060 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA OCTOBER 7, 2005 04-151 SHEET 2 OFZ 5 PARCEL #: 32, 3213 Pi OJECT #t' STP-997i(053) DES * 0101183 ROAD: MICHIGAN ST. COUNTY: ST, JOSEM SECTION: 25 TOWNSHIP: CLbVM RANGE: 21? 0—% cd W F z U 0 u7 a z AREA PERMANENT R/W (FEE): N/A OWNER/RECORD REFERENCE: AREA PERMANENT EASEMENT: N/A ELTON S. & BESSIE STEPHENS AREA TEMPORARY R/W: 0.0067 Ac. (TRUSTEES) 4016 S. MICHIGAN ST. SOUTH BEND, IN 46614 DOC. 9223088 HATCH LEGEND PARCEL 32—TEMPORARY DRIVE PERMANENT R/W 0.0007 Ac. (FEE) PARCEL 0.0060 328-TEMPORARY DRIVE Ac. PERMANENT N87'55 49" E EASEMENT'1 15.08' TEMPORARY R/W j—\ 690 0 CD 3 0) , o� �o u cp 00 Ln o r'1 z o 688 687 N86'09'31 "W S86'09'31 "E 15.00' 10.00' 685 686 NO3'50'29"E S03'50'29"W 3.692.66' 1—�( ��S87'S5'49"W 32 10.05' POINT LINE STATION OFFSET NORTHING EASTING 683 "A" 1062t 12.34 60.00' Rt. 12509.9334 10125.8018 684 "A" 1062+11.31 50.00' Rt. 12509,5704 10118.7550 685 "A" 1062+15 50.00' Rt. 12513.2543 10119.0023 686 "A" 1062+15 60.00' Rt. 12512.5844 10128.9798 587 1 "A" 1052+45 65.00' Rt. 12542.1820 10135.9784 688 "A" 1062+45 50.00' Rt, 12543.1869 10121,0121 689 "A" 1062+61.50 50.00' Rt. 12559.6545 10122.1178 690 "A" 1062+63.06 1 65.00' Rt. 12560.1991 10137.1881 SCALE: 1 '=20' ro 52 w wo Q 53 F� \1,,W,11lNt111 t1�9Y,r� j�� C f� 4O4�G� S T k�R�O.pr`�� 3 Y N0. 202000271 L STATE OF rir�9 • •S[ URNS', ��\• i f��r! 111 I 11110 fflTERRYTGRIAL ENGINEERING, LLC !Q Zoos WALKERI.ON IVA. JANOVIC ROBERT S. ALOI INVALID UNLESS INDMA L.S. SO411 L.S. 2020DO24 EMBOSS SEALED -59EC7 .? OF-5 PROPOSED DESCRIPTION - TEMPORARY RIGHT-OF-WAY Fi A TEMPORARY RIGHT-OF-WAY PARCEL LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 37 NORTII, RANGE 2 EAST OF TI-tE 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 I.N.D.O.T. ROAD PLANS STP-9971(053); TI4ENCE NORTH 03 °50'29" EAST ON SAID LINE "A" A DISTANCE OF 1767.90 FEET; THENCE SOUTH 86 °09'31" EAST A DISTANCE OF 50.00 FEET TO A POINT (685) ON TIIE EASTERLY RIGHT-OF-WAY OF MICHIGAN STREET (U.S. 31), BEING THE POINT OF BEGINNING; THENCE NORTH 03 ° 50'29" EAST ON SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 30.00 FEET; THENCE SOUTH 86 ° 09'31" EAST A DISTANCE OF 5.00 FEET; THENCE SOUTH 03 ° 50'29" WEST A DISTANCE OF 30.00 FEET; THENCE NORTH 86 ° 09'31" WEST A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. - - PARCEL CONTAINS 0.0034 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA OCTOBER 7, 2005 04-151 SHEETrY OF AY it 5 PARCEL t, Pi uJECT A ROAD: COUNTY: SECTION: TOWNSHIP: RANGE: 32A STPR9971(053) MICI-RGAN ST. ST. JOSEPH 25 CENTRE 2E ca cd w F z U AREA PERMANENT R/W (FEE): DES * 0101113 1 AREA PERMANENT EASEMENT: AREA TEMPORARY R/W: N/A OWNER/RECORD REFERENCE: N/A ELTON S. do BESSIE STEPHENS 0.0034 Ac. (TRUSTEES) 4016 S. MICHIGAN ST. SOUTH BEND, IN 46614 DOC. 9223088 HATCH LEGEND PERMANENT R/W (FEE) PERMANENT`, EASEMENT TEMPORARY R/W S86'09'31 "E 5.00' ,...� 688 C �¢ rd z 698 52NQ\oQ��\� N w o a L0\N 0 n P W \ 697 z► CD 0 O 685 N86'09'31 "W 5.00, POINT LINE STATION OFFSET NORTHING EASTING 685 "A" 1062+15 50.00 Rt. 12513.2543 10119.0023 688 "A" 1062+45 50.00' Rt. 12543.1869 10121.0121 697 "A" 1062+15 55.00' Rt. 12512.9194 10123.9911 698 "A" 1062+45 55.00' Rt. 12542.8520 11012fi.0009 SCALE: 1 ' 20' j� TERRITORIAL ENGINEERING LLC VAN H. JANOVIC WALKERTON L.S. SO411 HEC---7 5 �r 5 H o C) 5 E--4 � of `#opmi1#1fi1Yj!!! 4�4 �G13 T & Q•Qry'� '. No. t 20200024 ' S-rAI-F. Of- s �71/llf[llIIIl11111 (O /) 2005 ROBERT S. ALOI INVALID UNLESS 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. Gw Signature of Declarant Shawn E. Peterson Printed Name of Declarant