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Home My WebLink About#3062- 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)3062 3/21/06 Temporary Easement i 4 LOT NO. 37 1 SUB: Chippewa Heights I Kelley, Fred 31 S Michigan Street (U• ) I Description: ection 25, Township 37 North Range 2 East o Northwest Quarter of S the Second Principal Meridian (MIchigan Street Project No. 104-024) 1 0;e,x(j31C.D RECORDED AS PRESENTED ON 03/21/2006 01:06:15PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $15.00 PAGES: 4 PROJECT: STP-9971(053) PARCEL: 37 TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT Fred A. Kelley and Patricia L. Kelley tieing over the age of eighteen (t S) years, 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 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 ally kind or character oil said lands as conveyed. The above -described right of way is temporary right of way for the purposes of consh'ucting a driveway for service to the grantor's(s') private property and/or lawn grading and/or wall: 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 radin and/or walk construction and/or curb installation on said lands and to use any material lying within the above -describers 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. Dated this L' day of Q-ei , 2005. r (Signature) Fred A. Kelley (Printed Name) STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) (Signature) cJ Patricia L. Kelley (Printed Name) l ROY A. BkjbKl� Allen County = : , - •" my Commission Exp•ues "L 'c1�2009',•.....4�;�` March B ore me, the undersigned, a Notary Public in and for said County and State, this day of 2005, personally appeared Fred A. Kelley nd Palricia L. ell , being over (fie age of eigliteen (IS), and acknowledged the execution of d,e foregoing instrument. Witness my hand and notarial seal. My Commission Expires: Notary County This instrument prepared by. John R. Livingston, Assistant City Attorney Exhibit "A" PROPOSED DESCRIPTION PART C� EL 37 - 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 I.N.D.O.T. ROAD PLANS STP-9971(053); THENCE NORTH 03 °50'29" EAST ON SAID LINE "A" A DISTANCE OF 2212.90 FEET; THENCE SOUTH 86 °09'31" EAST A DISTANCE OF 50.00 FEET TO A POINT (709) 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 17.15 FEET; THENCE NORTH 87 ° 55'49" EAST A DISTANCE OF 40.24 FEET; THENCE SOUTH 03 ° 55'00" WEST, A DISTANCE OF 21.30 FEET; THENCE NORTH 86 ° 09'04" WEST A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0177 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA OCTOBER 7, 2005 04-I5I SHEET 1 OFF PARCEL #:' 37- PROIEOT STP-9971(053) ROAD: MIClflGAN S7 COUNTY: ST. JOSEPfi SECTION: 25 TOWNSHIP: CENTRE RANGE: 2E cd Lu _0 m AREA PERMANENT R/W (FEE): DES #:0101183 AREA PERMANENT EASEMENT: AREA TEMPORARY R/W: N/A OWNER/RECORD REFERENCE: N/A I FRED A. & PATR0A L. KELLEY 0,0177 Ac. 3916 S. MICHIGAN ST. SOUTH BEND, IN 46614 DOC.# 9929851 HATCH LEGEND PERMANENT R/W (FEE) PERMANENT EASEMENT TEMPORARY R/W 43 � I� p� o 712 711 �w N87'55'49"E 40.24' w rn cqi P-i o.- p^ 00 n O� z N� O 40.00' N86'09'04"W � w C) O 709 710 POINT LINE STATION OFFSET NORTHING FASTING 709 "A" 1066+60 50.00' Rt. 12957.2546 10148.5140 71 D "A" 1066+59.99 90.00' Rt. 12954.5697 10188.7238 711 1 "A" 1066+81.30 90.03' Rt. 12975.8239 10190.1790 712 1 "A" 1 1066+77.15 50.00' Rt. 12974.3706 10149.9632 SCALE: 1"=20' C TERRITORIAL ENGINEERING Y LLC t� WAucFffTTON VAN H. JANOVIC PIXANA L.S. SO411 SHEET- '2 OF 2 x��►rrT 1srr,lii� 20200024 r — j STATF OF 1 7/11111►)) I I 111H11��\\ d&l. ROBERT S. ALOI L.S. 20200024 �i o/% 2005 INVALID UNLESS EMBOSS SEALED �r 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 iaw, 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. � Ltcw� Signature of Declarant Shawn E. Peterson Printed Name of Declarant