HomeMy WebLinkAbout#3069- Deed; TEMPORARY EASEMENT PERPETUAL UTILITY EASEMENT Northwest Quarter of Section 25, Township 37 North Range 2 East of the Second Principal Meridian (MIchigan Street Project No. 104-024)3069
3/21/06
Temporary Easement/perpetual Utility Easement
LOT NO. l0A
SUB: Chippewa Heights
Hitchcock, Sharon
Michigan Street (U.S. 31)
Description:
Northwest Quarter of Section 25, Township 37 North Range 2 East
iof the Second Principal Meridian (MIchigan Street Project No. 104-
024)
I
RECORDED AS PRESENTED ON
03/21/2006 12:29:48PM
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: *15.00
PROJECT: STP-9971(053) PAGES: 4
PARCEL: 10A
TEMPORARY EASEMENT AGREEMENT
THIS INDENTURE WITNESSETI-I, THAT Sharon Hitchcock and Les Hitchcock
being over the age of eighteen (18) years, of St. Joseph- Eourhty, 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 erantor's(s') nrivate nronerty and/or lawn Qradina 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 an-Li/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 7x day of � 12005.
(S ignature)
Sharon Hitchcock
(Printed Narne)
STATE OF INDIANA )
) SS
COUNTY OF ST. JOSEPH )
6�e4— A,t
(Signature)
Les Iitchcock
Printed Name)7-7
_
AOY A. BUSKIFIK i
' Allen County
NOTMY s
sit :. My Commission Expires
Match 13, 2009
Before me, the undersigned, a Notary Public in and for said County and State, this day of
2005, personally appeared Sharon Hitchcock and Les Hitchcock
being over the age of eighteen (18), and acknowledged the
execution of the foregoing instnunent. Witness my hand and notarial seat.
My Commission Expires:
Notary P lic
County of Residence
This instrument prepared by: John R. Livingston, Assistant City Attorney
;t
J 010M
Exhibit "A."
PROPOSED DESCRIPTION
PARCEL I0A-TEMPORARY RI.GI-IT-OF-WAY FOR LAWN GRADING
A TEMPORARY MGIIT-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 87 040'50" 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 CONTINUING NORTH 87°40'50" EAST ON
LINE "S-11-A" PER I.N.D.O.T. ROAD PLANS STP-9971(053) A DISTANCE OF
506.62 FEET; THENCE NORTH 02 ° 19' 10" WEST A DISTANCE OF 40.00 FEET TO
A POINT (763) ON THE NORTHERLY RIGHT-OF-WAY OF IRELAND ROAD,
BEING THE POINT OF BEGINNING; THENCE NORTH 00°36'16" EAST ON THE
WEST LINE OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT
#0363470, A DISTANCE OF 16.51 FEET; TIIENCE NORTH 76 ° 22' 14" EAST, A
DISTANCE OF 43.38 FEET; TIIENCE NORTH 87°40'50" EAST, A DISTANCE OF
21.89 FEET TO A POINT ON THE EAST LINE OF A PARCEL OF LAND
DESCRIBED IN DEED DOCUMENT #0363470; THENCE SOUTH 00 ° 28'50" EAST
ON SAID EAST LINE, A DISTANCE OF 25.01 FEET TO THE NORTHERLY
RIGHT-OF-WAY OF IRELAND ROAD; THENCE SOUTH 87°40'50" WEST ON
SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 64.47 FEET TO THE
POINT OF BEGINNING.
PARCEL CONTAINS 0.0327 ACRLS MORFOR LESS.
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
OCTOBER 7, 2005
04-151
SHEET I OF e
PARCEL#: . 10A AREA PERMANENT R/W (FEE): N/A OWNER/RECORD REFERENCE:
PROJE- T #: STP-9971(053) DES #- 0101183 AREA PERMANENT EASEMENT: N/A LES HITCHCOCK AND
ROAD: NEC'IEGAN ST. AREA TEMPORARY R/W: 0.0327 Ac. SHARON HITCHCOCK
COUNTY: ST. JOSEPI1 61500 SOUTH FELLOWS ST.
SECTION: 25 SOUTH BEND, IN 46614
TOWNSHIP: CENTRE.
RANGE: 2E DOC.# 0363470
764
765 766
N87' 40' 50"E
21.89'
Lu
\, 0
0 00
ui N
. N �
ss7'4a', 64.47'
C75
Na0'36'16"E 753
16.51'
IRELAND ROAD
50
15+00
POINT
LINE
STATION
OFFSET
NORTHING
FASTING
753
S 1 1 A
15+71.09
40.00' Lt.
10815.7552
10519.6831
763
S11A
15+06.62
40.00' Lt.
10513.1460
10455.2637
764
S 11 A
15+07.46
56.49' Lt.
10829.6589
10455.4379
765
S11A
15+50
65.00' Lt.
10839.8811
10497.5972
766
S1 1 A
15+71.89
65.00' U.1
10840.7672
10519.4733
HATCH LEGEND
PERMANENT R/W /
(FEE)
PERMANENT
EASEMENT f '�
TEMPORARY R/W
16-+-00
SCALE: 1 " =20'
C^TERRITORIAL ENGINEERING,
LLC
N NDIANA L SN SO41 ANOVIC
W p
PEEi- -.? 0F :�
\,turti�zrrrrlrr!ll����
2Q200n24
2005
ROBERT S. ALOI INVALID UNLESS
L.S. 20200024 EMBOSS SCALED
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)
1, 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 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.
Signature of Declarant
Shawn E. Peterson
Printed Name of Declarant
IZJC 1 12) E!88
RECORDED AS PRESENTED ON
{ 41
1, i-,F..?
PROJECT: STP-9971(053)
PARCEL: 10
Al C;)15' � I
03/21/2006 12:29:47PM
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $17.00
PAGES: 5
PEi PL-I'VAL LJ111,11'V EASEIVfEN'll'
(FOR THE CONSTRUCTION, MAINTENANCE AND REPAIRING
OF UTILITY STRUCTURES)
THIS INDENTURE WITNESSETII, That __Sharon Hitchcock and Le 1-fi Ilco k
(lie Gramor(s), of S1. Joseph County, in the State of In i n Grant(s) t0 the City Of Soutll Bend, State of
Illdkalia, the Grantee, for and in Col351deratI013 of line slllll Of. Tr it vi 00 100 Dollars ($ l 0 0() _), and,olher valuable
consldl:ratlon, the receipt of which is hereby acknowledged, a perpetual easement in, under, over, along and upoIl certain
Real Estate of the Grantor(s) situated ill the County of St. Joseph, Slate of Indiana, which is more particularly described in
the legal description attached hereto as Exhibit "A" of which is incorporated herein by reference, for the constnlction,
cleaning, repairing and general maintenance of utility stnlctrrres located within the area of the said Real Estate,
T'he Grantee, its respective employees, agents, contractors, subcontractors and assigns, shall have the right to enter
ill, under, over, along and through the area of [lie said Real Estate to constnlct, relocate, clean, repair and generally maintain
the said utility structures and to remove any existing or future crops, trees, slinlbbery or other woody vegetation therefrom.
Tile Grantor(s), and their successors in title, may use the area of said Real Estate in any planner not inconsistent with
the Grantee's operation of said utility structures, or [tic provisions of this easement, provided, however, that neither the
Grantor(s) nor the Graator's(s') successors in title shall erect any permanent stricture, nor plant any trees, shrubbery or other
woody vegetation, within the area of said Real Estate without tine prior express written consent of the Grantee.
Temporary strictures may be located witliin the area of said Real Estate but shall be removed immediately upon
notification by the Grantee of the need to enter said Real Estate to perform the hereinbefore described work.
Any such permaner3t or temporary structures, trees, slinrbbcry, woody vegetation or crops may be removed, daniaged
or destroyed by the Grantee, its respective employees, agents, contractors, subcontractors and assigns entering the Real Estate
pursuant to the terms of this easement without liability or payment thereof.
Grantor(s) warrant(s) that thu a� ro the Owner(s) in fee simple of said Real Estate, lawfully seized thereof and
have a good right to grant and convey the foregoing easement; warrant(s) the quiet use and enjoyment thereof;
warT(1nt(s) that said Real Estate is free from all encumbrances inconsistent with the easement contained herein; and
warrants(s) that hey will defend Grantee's title in said easement against all claims. The easement granted herein, and
its associated benefits and obligations, shall run with said Real Estate and be binding upon the Grantor(s) and all
successors and assigns. This indenture shall bind and inure to the benefit of the successors and assigns of the Graptee-
This conveyance is subject to any and all easements, conditions and restrictions of record.
IN WITNESS WHEREOF, file said Gimntor(s) lia ve executed this insti-itment this day of
�crv' , 2005.
(Signature) (Sibr3a[ure)
Sharon I Ii ehco k Les Hilclicocl
(Printed Name) (Printed Name)
YP, OY A, BUSKIRK
Allen County
My Commission Expires
Page I of 2
D41v E$a�� ' a V'4:'Z'
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me a Notary Public in and for said State and County, personally appeared Sharon Hitchcock and
the Grantor(s) in [lie above conveyance, and acknowledge the execution of the same on the date aforesaid to be their
voluntary act and deed and who, being duly sworn, staled that any representations contained therehi are trite.
Witness my hand and Notarial Seal this
My Commission Expires:
day of �y-' 2005,
-Z14
— Y,�, d �6 Notary ibiic
County of Residence
This instrumeait prepared by. Jolui R. Livingston, Assistant City Attorney
Page 2 of 2
ROY A. BUSKIRK
" ... :
Allen County
My Commission Expires
March 13. 2004
Exhibit "A„
PROPOSED DESCRIPTION
PARCEL 10 - PERMANENT EASEMENT FOR UTILITY
A PERMANENT EASEMENT 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
13EING 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 NORTI-IWEST 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 CONTINUING NORTH 87°40'50" EAST ON
LINE "S-11-A" PER I.N.D.O.T. ROAD PLANS STP-9971(053) A DISTANCE OF
506.62 FEET; THENCE NORTH 02 ° 19' 10" WEST A DISTANCE OF 40.00 FEET TO
A POINT (763) ON THE NORTHERLY RIGHT-OF-WAY OF IRELAND ROAD,
BEING TIIE POINT OF BEGINNING; THENCE NORTH 00°36' 16" EAST ON THE
WEST LINE OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT
#0363470, A DISTANCE OF 3.00 FEET; THENCE NORTH 87°40'50" EAST, A
DISTANCE OF 64.42 FEET TO A POINT ON TIIE EAST LINE OF A PARCEL OF
LAND DESCRIBED IN DEED DOCUMENT #0363470; TIIENCE SOUTH 00°28'50"
EAST ON SAID EAST LINE, A DISTANCE OF 3.00 FEET TO TIIE NORTHERLY
RIGHT-OF-WAY OF IRELAND ROAD; THENCE SOUTH 87 °40'50" WEST ON
SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 64.47 FEET TO THE
POINT OF BEGINNING.
EASEMENT CONTAINS 0.0044 ACRES MORE OR LESS.
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
OCTOBER 7, 2005
04-151
SHEET 1 OFX
PARCEL It. 10 AREA PERMANENT R/W (FEE): N/A OWNER/RECORD REFERENCE:
PF.CJEqT #: . STP-9971(053) DES #: 0101183 AREA PERMANENT EASEMENT: 0.(X)44 Ac. LES HITCHCOCK AND
ROAD: NUCHIGAN ST. AREA TEMPORARY R/W: N/A SHARON HITCHCOCK
COUNTY: S'T. JOSEPH 61500 SOUTH FELLOWS ST.
SECTION: 25 ` SOUTH BEND, IN 46614
TOWNSHIP: CENTRE I RANGE: 213 DOC..4 036347n
HATCH LEGEND
PERMANENT R/W
(FEE)
PERMANENT
EASEMENT
TEMPORARY R/W =17
S00'28'50"E
754 3.00'
NOO'36' 16"E 762
3.00' N87'40'50"E 64.42'
S87'40'50"W 64.47'
753
763
IREL.AND ROAD
N87'40'50"E (LINE "S-11-A")
16+00
15+00
POINT
LINE
STATION
OFFSET
NORTHING
EASTING
753
S11 A
15+71.09
40.00' Lt.
10815.7552
10519.6831
754
S11A
15+71.19
43.00' Lt.
10818.7566
10519.6579
762
S11A
15+06.77
43.00' Lt.
10816.1497
10455.2954
763
S11A
15+06.62
40.00' Lt.
10813.1460
10455.2637
_TERRITORIAL ENGINEERING,
LLC
VAN J
..... .��rr�wINDMA L.S. SO411
SCALE: 1."=20'
o
N0.
20200024
rrsi i i Iti+v``�`\
C ROBERT S. ALOI
L.S. 20200024
�U 2005
INVALID UNLESS
EMBOSS SEALED
5HE FT A 11/
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)
1, 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 all Social Security numbers.
2. 1 have redacted, to the extent permitted by law, each Social Security number in the attached
document.
1, the undersigned, affirm under the penalties of perjury, that the forgoing declarations are true.
Signature of Declarant
Shawn E. Peterson
Printed blame of Declarant