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HomeMy WebLinkAbout#3063- 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)3063 3/21/06 Temporary Easement i LOT NO, 40 SUB: Chippewa Heights Wihnoski, Albert & Delores Michigan Street (U.S. 31) Description: Northwest Quarter of Section 25, To Of the Second Principal Meridian ship 37 North Range 2 East 024) (Michigan Street Project No, 104- (Z) C=�-1(Z)315 RECORDED AS PRESENTED ON 03/21/2006 01:13:28PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $15.00 PAGES: 4 PROJECT: STP-9971(053) PARCEL: 40 TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT Albert E. Wilmoski and Delores F. Wilmoski being over the age of eighteen (18) 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 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 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. Dated this /,4'�_ day of 22dti'' , 2005. a 0, —11 c: � -" Z4 �'' (Signature) Albert E. Wilmoski (Printed Name) STATE OF INDIANA } ) SS: COUNTY OF ST. JOSEPH ) .r (Signature) Delores F. Wilmoski (Printed Name) Before me, the undersigned, a Notary Public in and for said County and State, this day of A*4-_K _, 2005, personally appeared Albert E. Wilmoski and Delores F. Wilmoski , being over the age of eighteen (18), and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal. My Commission Expires: ?i2 S -0.6 NOeb Cot tof Residence Q- Ed This instrument prepared by: John R. Livingston, Assistant City Attorney Exhibit "A„ PROPOSED DESCRIPTION PARCEL 4,0 - TEMPORARY RIGHT-OF-WAY FOR DRIVE CONSTRUCTION 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 87 040'50" 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 2380.65 FEET; THENCE SOUTH 86'09'31" EAST A DISTANCE OF 50.00 FEET TO A POINT (719) 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 15.25 FEET; THENCE SOUTH 86°09'31" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 03050'29" WEST A DISTANCE OF 14.22 FEET TO THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED IN DEED BOOK 492, PAGE 229; THENCE SOUTH 87 ° 55'49" WEST ON SAID SOUTH LINE A DISTANCE OF 10.05 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0034 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA OCTOBER 7, 2005 04-151 SHEET 1 OFX PARCEL. #: 40 AREA PERMANENT R/W (FEE): N/A OWNER/RECORD REFERENCE, r'ROJECT #: S"111-9971(053) DES #-.0101 L83 AREA PERMANENT EASEMENT: N/A ALBERT E. & DELORES F. WILMOSKI ROAD: 1,410-11GAN ST. AREA TEMPORARY R/W: 0.0034 Ac, 3818 S. MICHIGAN ST, COUNTY: ST. JOSEPII SOUTH BEND, IN 46614 SECTION: 25 TOWNSHIP: CENTRE � BOOK 492, PAGE 229 RANGE: 2E HATCH LEGEND PERMANENT R/W (FEE) PERMANENT EASEMENT � S86'09'31 "E TEMPORARY R/W cT, 10.00' cd 721 720 L.s 0 H W 4 NO3-50'29"E \ S03'50'29"W J \ z Li! CN _V r] O n U z 0 719 cf) Fri Q 718 [--� + CCC) S87'55'49"W 41 © 10.05 ►tea POINT LINE STATION OFFSET NORTHING EASTING 718 "A" 1068+28.78 60.00' Rt. 13124.9561 10170.0986 719 "A" 1068+27.75 50.00' Rt. 13124.6230 10160.0517 720 "A" 1068+43 50.00' Rt.1 13139.5435 10161.0737 721 "A" 1068+43 60.00' RLI 13139,1736 10171.0512 a 04�olsT�,��o.�� � { No. 20200024 1 STATE OF Sm TERRITORIAL ENGINEERING, LLC 2005 VAN H. JANOVIC ROBERT S. AL01 INVALID UNLESS WA -KE MN IND~ L.S. SO411 L.S. 20200024 EMBOSS SEALED SCALE: V=20' 5HEET 2 GF ? 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 ali 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. Signature of Declarant Shawn E. Peterson Printed Name of Declarant