HomeMy WebLinkAbout#3067- 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)3067
3/21/06
Temporary Easement
LOT NO.23 & 23A
SUB: Chippewa Heights
Wendy's of Ft. Wayne
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)
�E� 1 [z)304
RECORDED AS PRESENTED ON
�J 03/21/2006 12:56:38PM
TERRI J. RETNLAKE
ST. JDSEPH COUNTY
RECORDER
REC FEE: $19.00
PAGES: 6
PROJECT: STP-9971(053)
PARCEL: 23 & 23A
TEMPORARY EASEMENT AGREEMENT
THIS INDENTURE WITNESSETH, THAT Wend, 's of Ft. Wayne, Inc., an Ohio corporation
of Monroe County, in the State of New York ,
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 owners) 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 pmpertj 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 [awn
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 executing this agreement represents and certifies on behalf of the Grantor, that the
undersigned is a duly elected officer of the Grantor and has been fully empowered by proper resolution, or
the by-laws of the Grantor, to execute and deliver this agreement; that the Grantor is a corporation 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 corporate capacity to convey the real estate described; and that all necessary
corporate action for the making of this conveyance has been duly taken.
Dated this j, /Ud ✓EMS �� day of , 2005.
Wenct f Ft ne Inc. an Ohio cor oration
Bye,
(Slgna-Mr c)
Richard C. Fox President
(Printed Name and Title)
Page 1 of 2
STATE OF NEW YORK )
) SS:
COUNTY OF MONROE )
Before me, the undersigned, a Notary Public in and , ar said County and State, this ZU -y da of
2005, person, lly appeared Richard C. Fox, President of Wendy's
of Ft. Wayne. Inc. an Ohio corporation
execution of the foregoing 'instrument. Witness n.y hand and notarial seal. � and acknowledged the
My Commission Expires:
//- — (i r
Notary P b is
County oesidence
GRRY L. STUTZI ANI
Nevv
This instrument prepared by: John R. LivinL;ton, Assistant City Attorney I�oQualifedlicin M onr etarP, Statet County rl' a —
001flnlissfoil &pires Novea,ber 30, Y� ClJ )
Page 2 of 2
Exhibit "A"
PROPOSED DESCRIPTION
PARCEL 23 - TEMPORARY RIG IIT-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 QUAR'I'R CORNER OF SECTION 25, AS
EVIDENCED BY AN ALUMINUM SECTION CORNER MARKER; THENCE
NORTH 87040'50" EAST ON THFI - SOUTH LINO OF THE NORTHWEST QUARTER
OF SECTION 25, ALSO BEING LINE "S-t I -A" PER I.N.D.O.T. ROAD PLANS STP-
997I(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 882.90 FEET; THENCE NORTH 86 ° 09'31 " WEST A DISTANCE OF
50.00 FEET TO A POINT (634) ON TI-IE WESTERLY RIGHT-OF-WAY OF
MICHIGAN STREET (U.S. 31), BEING THE POINT OF BEGINNING; THENCE
NORTH 86"09'31" WEST A DISTANCE OF 30.00 FEET; THENCE NORTH
03 "50'29" EAST A DISTANCE OF 35.00 FEET; THENCE SOUTH 86 °09'31" EAST
A DISTANCE OF 30.00 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 35.00 FEET TO THE POINT OF
BEGINNING.
PARCEL CONTAINS 0.0241 ACRES MORE OR LESS.
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
OCTOBER 7, 2005
04-151
SiIEET 1 OF Z
a
..,
—.
. 1, jwn
I w rua.i
I 1rurt1rriiru
rNairn"
634
"A"
1 1053+30
50.00'
Lt.j
11636.9418
9959.9385
635
"A" 1
1053+30
1 80.00'
Lt.
11638.9515
9930.0059
636
"A"
1053+65
1 80.00'
Lt.1
11673.8729
9932.3506
637
"A"
1053+65
50.00'
Lt.1
11671.8631
9962,2832
638
"A"
1054+37
50.00'
Lt.
11743.7014
9967.1061
639
"A"
1054+37
65.00'
Lt.
11744.7063
9952.1404
640 1
"A" 1
1054+77
65.00'
Lt.
11784.6164
9954,8201
641 1
"A" 1
1054+77
50.00'
Lt.
11783,61151
9969.7864
TERRITORIAL ENGWEERING,
LLC
V �
\�'��� � �' •GAS 7 � f��tQ ,`fi
N0. 1
20200024 1
;. Via'' . �o I �• . • ,�
i! i I
VAN . JANOVIC ROBERT S. AL01
SCALE: 1"=20'
/0
2 0 05
u %j-&j in "'. ---
Exhibit "A"
PROPOSED DESCRIPTION
PARCEL 23 - 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,
INDLANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT TILE WEST QUARTER CORNER OF SECTION 25, AS
EVIDENCED BY AN ALUMINUM SECTION CORNER MARKER; THENCE
NORTH 87 °40'S0" EAST ON THE SOUTH LINE OF THE NORTHWEST QUARTER
OF SECTION 25, ALSO BEING LINE "S-I 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 882.90 FEET; THENCE NORTH 86 009'31" WEST A DISTANCE OF
50,00 FEET TO A POINT (634) 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 30.00 FEET; THENCE NORTH
03050'29" EAST A DISTANCE OF 35.00 FEET; THENCE SOUTH 86009'31" EAST
A DISTANCE OF 30.00 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 35.00 FEET TO THE POINT OF
BEGINNING.
PARCEL CONTAINS 0.0241 ACRES MORE OR LESS.
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
OCTOBER 7, 2005
04-151
SI-IEET 1 O1, 2z
SCALE: I "=20'
v,\NN,., ....,,,,,�f�
No.
20200024 j
SI'AVF
---7 [--- TERRITORIAL ENGTNFFT i TG 1
634
635
636
637
638
639
640
641
PROPOSED DESCRI-I'TION
_. �- T-,-WAY FOR
RIGHT-OF-WAY PARCEL LOCATED IN THE NORTHWEST
A TEMPORARY TpW�1SII1I' 37 NORTH, RANGE 2 FAST OF THE
QUARTER OF SECTIOMNERIDIAN, CENTRE TO WN BD'AS FOLLOWS.COUNTY,
SECOND PRINCIPAL
INDIANA BEING MORE PARTICULARLY DE
SECTION 25, AS
QUARTER CORNER OF THENCE
COMMENCING AT THE WEST Q QUA
EVIDENCED BY AN ALUMINUM SECTIOL NE O Tim No RwEST Q
NORTi191 ° 40' 50" EAST BEING
TIIE SOUTH R I.N.D.p.7 ROAD
OF SECTION 2 5 ALSO j3EiNG LING "5-11-A" PER I.N.D O.T. ROAD PLANS ST
99,71 053), A DISTANCE OF 726.57 FEET TO LINE A
1 053 ; TFIEr3CE NORTH 03 ° 50'29" EAST ONST A DISTANCE OF
AID LINE
PLANS STP-997 ( )
DISTANCE OF 98990 FEET; THENCE NO T�I8Z6LY RIGHT--OF-WAY OF
50.00 FEET TO A POINT (638) ON TILL
STREET (U.S. 31), BEING THE POINT OF BEGINNING; THENCE
MICIIIGAN THENCE NORTH
NORTH 86°09'31" WEST A DISTF OCOOOEET,OTHENCE SOUTH 86009'31" EAST
03 ° 50'29" EAST A DISTANCE O
DISTANCE OF 15.00 FEET TO THE yVESTERLYORt�o 29'OWEST ON SAID
A THENCE SOUTII
MICHIGAN STREET (U.S. 31);
RIGHT-OF-WAY A DISTANCI� OF 40.00 FEET TO TIIE POINT 0
WESTERLY
BEGINNING -
PARCEL CONTAINS 0.0138 ACRES Iv10IZE OR LESS.
TERRITORIAL ENGINEERING, LLC
W ALKERTON, IN DIAN A
OCTOBER 7, 2005
04-151
SI-IEE`I' 2 0F/2'
.,,.,. wua
I tA5IING
'A"
0053+30
50.00' Lt.
11636,9418
9959.9385
'A'
1 1053+30
80.00' Lt.
11638.9515
9930.0059
'A'
1053+65
80.00' Lt.
11673,8729
19932.3506
1053+65
50.00' Lt.1
11671.86311
9962.2832
1054+37
50.00' Lt.1
11743.7014 1
9967.1067
"A"
1054+37
65.00' Lt.
11744.7063 1
9952.1404
'A"
1054+77
65.00' Lt.1
11784.6164
9954.8201
"A"
1054+77
50.00' Lt.
11763.61151
9969.7864
SCALE: 1"=20'
`'�N`tllllllt:lfffi1� A
20200024 1
sq'Am of
'f�1'Iiii11111111��\
AREA PERMANENT R/W (FEE):
PAPCEt-#'
23.23 DES #: 0101183
3)
AREA PERMANENT EASEMENT:
TEMPORARY R/W:
PROJECT#;
STP;1 GtlN
AREA
ROAD:
couNrr:
ST.JOS) PS
SECTION:
25
TOWNSHIP:
CENTRE
RANGE:
214
640
PARCEL 23—TEMPORARY DRIVE
0.0241 Ac.
PARCEL 23A—TEMPORARY DRIVE
0.0138 Ac.
rn
N
FO
O
Z
WENDY'S OF FORT WAYNE, INC.
coC.# 8804077
83
� 83s
S86'09'31 "Ef
\ 15.00' i
j 15.00'
N86'09'31
WENDY'S OF FORT WAYNE, INC.
DOC.# 9244147
IU
�o
00
p
Q �1
85
635
636
S86'09'31 "E
30.00,
30.00'
N86'09'31 "W
o °'
O N
60
4 :n
O
U)
F
O N
O O
u7 Ln
O
In
TAc-
OWNEFI/RECORD REFERENCE:
DY'S OF FORT WAYNE, INC.
0. 3379310 S. DIXIEWAY
ROSELAND, IN 46637
DOCI 9244147
638
637
634
641
HATCH LEGEND
PERMANENT R/W
(FEPERMANENT
EASEMENT
TEMPORARY R/W
l4
0
0
0
���\t�l►u11rI�Ir�I j
POINT LINE STATION OFFSET NORTHING
634 ';q" 1053+30 50.00 Lt. 1 1636.9418 9959.9385 `�%\���4 ST•c 'At U�J'%
635 "A" 1053+30 80.00' Lt. 11638.9515 9930.0059 ? �..� f,a •,
636 "A" 1053+65 SD.00' Lt. 11673.8729 9932.3506 _ ��O
637 "A" 1053+65 50.00' Lt. 11671.8631 9962.2832 20200024
638 "A" 1054+37 50.00' Lt. 11743.7014 9967.1067 swr, OF
639 "A" 1054+37 65.00' Lt. 11744.7063 9952.1404
640 "A" 1054+77T.5r)
5.00' Lt. 11784,6164 9954.8201 SCALE: 1"=20' ';° �,''' DeI; P•'��`
641 "A" 1054+77 0.00' Lt. 1 1783.6115 9969.7864
'II?'Iflillt111111\\
C�TERIZITORIAL ENGMERINCT,
LLC UNLESS
I- VAMVIAN ROSERT S. AL01 INVALID UN
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.
Signafure of Declarant
Shawn E. Peterson
Printed Name of Declarant