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HomeMy WebLinkAbout#3064- 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)3064 3/21106 Temporary Easement 1 LOT NO. 39 1 SUB: Chippewa Heights Macias, 3uan & Margarita Paulino Michigan Street (u.S. 31) Description: North Northwest Quarter of Section 25, ownshipt37 Project In oe 2 a0t o the Second Principal Meridian (M g 0CS. 1(D31C� RECORDED AS PRESENTED ON 03/21/2006 01:15:25Ph TERRI J. RETHLARE ST. JOSEPH COUNTY RECORDER REC FEE: 515.00 PROJECT: STP-9971(053) PAGES: 4 PARCEL: 39 TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT Juan Macias and Margarita Paulino being over the age of eighteen (18) years, of. st. Jose ]� l 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 rantor's s'private propeijy and/or lawn radin 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 radin 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 radin 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 3^ day of 2005. A Ied'a vdt-o /'w u-/nv0 ' Tra Al I�7-� �- JUA 10 M C/Q (Signature) (Signature) Juan Macias Margarita Paulino (Printed Name) (Printed Name) STATE OF INDIANA ) Is ;�*^'"•� ROY A. Bt15KIRK SS: : NOT•'-p' Allen County sui My Commission Expires COUNTY OF ST. JOSEPI-I March 13, 2009 r Before me, the undersigned, a Notary Public in and for said County and State, this 3"9�-- day of 2005, personally appeared Juan Macias and Margarita Paulino , being over the age of eighteen (18), and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal. My Commission Expires: Notary P Eic County o Residence This instrument prepared by: John R. Livingston, Assistant City Attorney Exhibit "A" PROPOSED DESCRIPTION PARCEL 39 - 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.JOSEPII 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 1-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 2364.90 FEET; THENCE SOUTH 86°09'31" EAST A DISTANCE OF 50.00 FEET TO A POINT (716) 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 15.75 FEET TO THE NORTH LINE OF THE PARCEL OF LAND DESCRIBED IN DEED DOCUMENT #0335821; THENCE NORTH 87°55'49" EAST ON SAID NORTH LINE A DISTANCE OF 10.05 FEET; THENCE SOUTH 03 ° 50'29" WEST A DISTANCE OF 16.78 FEET; THENCE NORTII 86 ° 09'31" WEST A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0037 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA OCTOBER 7, 2005 04-151 SHEET I OFX 2 Exhibit "A" PROPOSED DESCRIPTION PARCEL 39 - TEMPORARY RIGI-IT-OF-WAY FOR DRIVE CONSTRUCTION A TEMPORARY RIGHT-OF-WAY PARCEL LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSHJP 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 TIIE 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 2364.90 FEET; THENCE SOUTH 86 ° 09'31" EAST A DISTANCE OF 50.00 FEET TO A POINT (716) ON THE EASTERLY RIGHT-OF-WAY OF MICHIGAN STREET (U.S. 31), BEING THE POINT OF BEGINNING; THENCE NORTH 03 050'29" EAST ON SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 15.75 FEET TO THE NORTH LINE OF TIIE PARCEL OF LAND DESCRIBED IN DEED DOCUMENT #0335821; THENCE NORTH 87 ° 55'49" EAST ON SAID NORTH LINE A DISTANCE OF 10.05 FEET; THENCE SOUTH 03 °50'29" WEST A DISTANCE OF 16.78 FEET; THENCE NORTH 86 ° 09'31" WEST A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0037 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA OCTOBER 7, 2005 04-151 SHEET I OFX 2 PARCEL O: PROJECT #-. ROAD: COUNTY: SECTION: TOWNSHIP: RANGE: N 39 AREA PERMANENT R/W (FEE): STP-9971(053) DES #:0101183 AREA PERMANENT EASEMENT: M1CHlGAN ST. AREA TEMPORARY R/W: ST. JOSEPH 25 CENTRE 2E ' N/A OWNER/RECORD REFERENCE: NIA JUAN MACIAS AND MARGARITA PAULIN 0.0037 Ac. 3820 S. MICHIGAN ST. SOUTH BEND, IN 46614 DOC.# 0529844 HATCH LEGEND PERMANENT R/W (FEE) PERMANENT;; ; EASEMENT TEMPORARY R/W \ N87'55'49"E 10.05' 40 a i� 719 718 Q w z w NO3'50'29"E \ S03'50'29"W 15.75' \ 16.78' o \ 0 zCD CD O + 41 CC) 0 716 717 a N86'09'31 "W P-4 p-+ 10.00' POINT LINE STATION OFFSET NORTHING FASTING 716 "A" 1068+12 50.00' Rt. 13108.9131 10158.9969 717 7'A" 1068+12 60.00' Rt_ 13108.2432 10168.9744 718 "A" 1068+28.7$ 60.00' Rt., 131.24.9861 10170.0986 719 1 "A" 1 1068+27.75 50.00' Rt. 13124.6230 1 10 i 60.0517 TERRITORIAL ENGINEERING, LLC WALKERTON INDIANA ,5HC-ET SCALE: 1"=20' VAN H. JANOVIC L.S. SOLE 1 1 �0F2 NN Tfr 20200024 STATE Of AfDI irrr/ fJf,� . �rrrlrlll It11��� z L 2005 ROBERT S. ALOI ENVALID 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. ,Qj"", r Signature of Declarant Shawn E. Peterson Printed Name of Declarant