HomeMy WebLinkAbout#3072- Deed; TEMPORARY EASEMENT AGREEMENT I AM THE SAME AFFIDAVIT Northwest Quarter of Section 25, Township 37 North Range 2 East of the Second Principal Meridian (MIchigan Street Project No. 104-024)3072
3/21106
Temporary Easement Agreemendl Am The Same Affidavit
LOT NO. 29, 29A, 29B
SUB: Chippewa Heights
Pinney, Nancy Jo
Michigan Street (U.S 31)
Description:
Northwest Quarter of Section 25, Towns�,sn 37 NcYh Range 2 East o
the Second Principal .Meridian (Michigan Free! Project No. 104-024)
rziE, 1 CD3CDC
RECORDED AS PRESENTED ON
03/21/2006 12:58:34PM
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: S27.00
PAGES: 10
PROJECT: STP-9971(053)
PARCEL; 29, 29A & 2913
TEMPORARY EASEMENT AGREEMENT
THIS INDENTURE WITNESSETH, THAT Nancy Jo Pinney. of St. Joseph County, in the State of
Indiana, and Kaylyn Kramer, of Los Angeles County, in the State of California. as joint tenants with
rights ofsurvivorship and, with life estate interest only. Joe P. Pinney, ofMaricopa County, in the State
of Arizona , all being over the age ofeighteen (18) years,
CONVEY(S) A TEMPORARY EASEMENT TO THE CITY OF SOUTH BEND, STATE OF INDIANA
for and in consideration of one dollar ($I.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 lie (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 rancor' s'Lnrivate property and/or lawn gradina 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 gradin g and/or
wall: 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 or South Bend, through its authorized representatives during said construction.
Dated this y day of Na ✓ , 2005.
Page I of 4
l�
10 6 1 (D3(dC=1
RECORDED AS PRESENTED ON
03/21/2006 12:58:34PM
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REG FEE: $27. 00
PAGES: 10
PROJECT: STP-997 ] (053)
PARCEL: 29, 29A & 29B
TEMPORARY EASEMENT AGREEMENT
THIS INDENTURE WITNESSETH, THAT _ Nancy Jo Pinney, of St. Joseph County, in the State of
Indiana. and Kaylyn Kramer, of Los Angeles County, in the State of California, as joint tenants with
rights of survivorship and, with life estate interest only. Joe P. Pinney. of Maricopa County, in the State
of Arizona , all being over [lie age of eighteen (18) years,
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 lie (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 raptor's s'private properLy 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 conshvct 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/or lawn grading and/or
wall: 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 /V At day of Na ✓ 2005.
Page 1 of 4
(Signature)
Nanc Jo Pinne
(Printed Name)
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPB )
Before me, the undersigned, a Notary Public in and for said County and State, this day of
YA b+ , 2005, personally appeared Nancy Jo Pinney
, being over the age of eighteen (18), and acknowledged the
execution of the foregoing instrument. Witness my hand and notarial seal.
My Commission Expires:
Judy A Morin
LNo:taLryP,u,.tb4�c Soal State of Indiana
. Joseph County
Uk>n Expires 0710512007
Page 2 of 4
N ry Public
County of Residence
*(SignatLl
Ka I n Kramer
(Printed Name)
Ahizd r)d..
STATE OF &4"PO4aUA )
/19,2-r'copik_ ) ss:
COUNTY OF 1=08ANG91=99)
Before me, the undersigned, a Notary Public in and for said County and State, this day of
_2 V , 2005, personally appeared Ka I n Kramer
, being over the age of eighteen (18), and acknowledged the
execution of the foregoing instrument. Witness my hand and notarial seal.
My Commission Expires:
ary Public 61
cue sr�T JOANNE C. GEORGIUS County of Residence
Notary Public - Arizona
Moricopa County
My Commission Expires
September 1, 2006
Page 3 of 4
Life Estate Interest Only
r
(Si attire)
Joe P. Pinney
(Printed Narne)
STATE OF ARIZONA )
) SS:
COUNTY OF MARJCOPA )
Xch re me, tl a undersigned, a Notary Public in and for said County and State, this Y 5g2 day of
2005, personal;y appeared _ Joe P. Pinne (Life Estate interest
Onl , being over the age of eighteen (18), and acknowledged the
execution oTthe foregoing instrument. Witness my hand and notarial seal.
My Commission Expires:
tary Public
4vQ cuesr+rF�k JOANNE C. GEORGIUS
N Notary Public - Arizona County of Residence
Marlcopa County
" My Commisslon Expires
• ,B,Z * September 1, 2006
'Ibis instrur eu' a pared y: John R. Livhigslon, Assistant City Attorney
Page 4 of 4
Exhibit. "A"
PROPOSED DESCRIPTION
PARCEL 29 -TEMPORARY RIGHT-0E-WAY FOR LAWN GRADING
A TEMPORARY RIGHT-OF-WAY PARCEL LOCATED IN THE NORT1 WEST
QUARTER OF SECTION25,
OWNSHIP 37 NORTH, RANGE 2 EAST OF THE
SECOND PRINCIPALAN CENTRE, TOWNSHIP, ST JOSEP I 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 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 LN.D.O.T. ROAD
PLANS STP-9971(053); THENCE NORTH 03 ° 50'29" EAST ON SAID LINE "A" A
DISTANCE OF 1618.64 FEET; THENCE SOUTH 85 ° 09'31" EAST A DISTANCE OF
50.00 FEET TO A POINT (680) 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
26.26 FEET; THENCE SOUTH 86 ° 09'31" EAST A DISTANCE OF 5.00 FEET;
THENCE SOUTH 03 ° 50'29" WEST A DISTANCE OF 25.74 FEET TO THE SOUTH
LINE OF THE PARCEL OF LAND DESCRIBED IN DEED DOCUMENT #0352617;
THENCE SOUTH 87 0 55'49" WEST ON SAID SOUTH LINE A DISTANCE OF 5.03
FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 0.0030 ACRES MORE OR LESS.
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
OCTOBER 7, 2005
04-151
SHEET I OF,Z
5
Notary Public (Printed Name)
My Commission expires Adot)
My County of Residence is A Al
This instrument was prepared by R A B kirk
PARCEL 29B - TEMPORARYPROPOSED
GIDESCRIPTION OR LAWN GRADING
A TEMPORARY RIGHT-OF-WAY PARCEL LOCATED IN THE NORTHWEST
QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST OF TIIE
SECOND PRINCIPAL MERIDIAN, CENTRE TOWNSI-IIP, 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-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 1655.90 FEET; TfIENCE SOUTH 86°09'31" EAST A DISTANCE OF
50.00 FEET TO A POINT (684) ON TIIE 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 7.91 FEET TO THE NORTH LINE OF THE PARCEL OF LAND DESCRIBED IN
DEED DOCUMENT #0352617; THENCE NORTH 87 ° 55'49" EAST A DISTANCE
OF 5.03 FEET; THENCE SOUTH 03 ° 50'29" WEST A DISTANCE OF 8.43 FEET;
THENCE NORTH 86 ' 09'31" WEST A DISTANCE OF 5.00 FEET TO THE POINT
OF BEGINNING.
PARCEL CONTAINS 0.0009 ACRES MORE OR LESS.
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
OCTOBER 7, 2005
04-151
SHEET 2 OF/2/
5
1 N V Ltax ....._
My Commission expires-0 o�Db
J �
My County of Residence is
This instrument was prepared by R A Buskirk
PARCEL #: 29, 29I3 i
PROJECT #: _ STP-9971(053) DES #:0101183
AREA PERMANENT R/W (FEE):
READ: MICHIGAN ST.
AREA PERMANENT EASEMENT:
COUNTY: ST. JOSEPH
AREA TEMPORARY R/W:
SECTION: 25
TOWNSHIP: CENTRE
RANGE: 2E,
Cd
W
Uj
U
Q
PARCEL 29-TEMPORARY LAWN
0.0030 Ac.
PARCEL 2913—TEMPORARY LAWN
0.0009 Ac.
N87'55'49"E
5.03'
O NO3'50'29"E-------/
+ 7.91'
''{ C68
CD
<=) S86' 09' 31 "E
T-H 5.00'—
NO3'50'29"E
26.26'
(29-
N/A OWNER/RECORD REFERENCE:
NIA NANCY JO PINNEY AND KAYLYN KRAMER
0.0039 Ac. 4030 S. MICHIGAN ST.
SOUTH BEND, IN 46614
DOC.# 0352617
V ^N
c� !n
r-�
V)
POINT
LINE
STATION
OFFSET
NORTHING
EASTING
680
"A"
1060+65.74
50.00'
Lt.
12364.3334
10109.0032
681
"A"
1060+66.26
55.00'
Lt.
12364.5150
10114.0267
682
"A"
1060+92
55.00'
Lt.
12390.1957
10115.7510
683
"A"
1060+92
50.00'
Lt.
12390.5306
10110.7622
684
"A"
1061 +03
50.00'
Lt.
12401 .5059
10111.4991
685
"A"
1061 +03
55.00'
Lt.
12401 .5059
101 1 1.4-991
686
"A"
1061 +1 1.43
55.00'
Lt.
12409.5837
101 17.0528
687
"A"
1061 +10.91
50.00'
Lt.
12409.4021
101 12.0293
HATCH LEGEND
PERMANENT R/W
(FEE)
PERMANENT F7',
EASEMENT
TEMPORARY R/W
6v
685
N86-09'31 "W
5.00'
682
681
S87'55'49"W
5.03'
SCALE: 1 "=20'
54
O
S03'50'29"W p i
8.43' J l
55
56
�\�\``\\ ►aT 1lSrza��/6*2r�
f No. 't -
20200024 1
SPATE OF
TERRITORIAL ENGINEERING, 2005
LLC
VAN H. JANOVIC ROBERT S. ALOI INVALID UNLESS
WALKERTON INDIANA L.S. SO411 L.S. 20200024 EMBOSS SEALED
SHEET OF -S
Notary Public (Printed Name)
My Commission expires,.
My County of Residence is
This instrument was prepared by R A Buskirk
PARCEL #: 29, 29B AREA PERMANENT R/W (FEE): N/A OWNER/RECORD REFERENCE:
PROJECT #: STP-9971(053) DES #; 0101183 AREA PERMANENT EASEMENT: N/A NANCY JO PINNEY AND KAYLYN KRAMER
ROAD: ' MICHIGAN ST. AREA TEMPORARY R/W: 0.0039 Ac. 4030 S. MICHIGAN ST.
COUNTY: ST. JOSEPH SOUTH BEND, IN 46614
SECTION: 25
TOWNSHIP: CENTRE DOC.# 0352617
RANGE: 2E
HATCH LEGEND
PARCEL 29-TEMPORARY LAWN PERMANENT R/W
0.0030 Ac. (FEE)
PARCEL 29B-TEMPORARY LAWN PERMANENT EASEMENT
0.0009 Ac.
t TEMPORARY R/W
N87'55'49"Ecd 54
3' a �1
5.0
u �
687 686 S03'50'29"W �.
W 29B 8.43'
W C) W
+ NO3'50'29"E-�� 685 di
7.91
co r-•! 684
Z cc
� S86'09'31 "E � f� N86'09'31 "W
a� � 5.00' \ 5.00' � c;�
V ¢ 683 55
C n N Fri
C NO3'S0'29"E �o �
w 26.26' N
rnZD
o
P
29
Z 680
681
S87' 55' 49 "W
5.03' 56
POINT
LINE
STATION
OFFSET
NORTHING
EASTING
680
"A"
1 1060+65.74
50.00'
Lt.
12364.3334
10109.0032
681
"A"
1060+66.26
55.00'
Lt.
12364.5150
10114.0267
682
"A"
1060+92
55.00'
Lt.
12390.1957
10115.7510
683
"A"
1060+62
50.00'
Lt.
12390.5306
10110.7622
684
"A"
1061 +03
50.00'
Lt.
12401.5059
101 1 1.4991
685
"A"
1061 +03
55.00'
Lt.
12401.5059
10111.4991
686
"A"
1061 +1 1 .43
55.00'
Lt.
12409.5837
101 17.0528
687
"A"
1061+10.91
50.00'
Lt.
12409.4021 110112.0293
SCALE: 1 "=20'
z��
{4 NO. .; =
_ 20200024 F
y S"i ATF OF
i� CIA {o
TERRITORIAL ENGINEERING, �� ,
2005
LLC
VAN H. JANOVIC ROBERT S. AL01 INVALID UNLESS
WAlJCERTON INDIANA L.S. SO411 L.S. 20200024 EMBOSS SEALED
.SHEET of 5
PROPOSED DESCRIPTION
PARCEL 29A -TEMPORARY RIGHT-OF-WAY FOR WALK CONSTRUCTION
A TEMPORARY RIGIIT-OF-WAY PARCEL LOCATED IN THE NORTHWEST
QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE
SECOND PRINCIPAL MERIDIAN,OSEPH LOWS: COUNTY,
INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WESTQ SCOT ON CORNER MARKERoTER CORNER OF NTIIENCE
25, AS
EVIDENCED BY AN ALUMINUM
NORTH 87°40'50" EAST ON THE SOUTH LINE EOF THE NORTHWEST R LN D.O.T. ROAD PLQANSRSTP-
TER
OF SECTION 25, ALSO BEING LINE S
9971(053), A DISTANCE OF 726.57 FEET TO LINE "A" PER I.N.D.O.T. ROAD
PLANS STP-9971(053); THENCE NORTH 03050'29" EAST ON SAID LINE "A" A
DISTANCE OF 1644.90 FEET; THENCE SOUTH 86°09'31" EAST A DISTANCE OF
50.00 FEET TO A POINT (683) ON CIE POINT OF BEGINNING; THENHE EASTERLY RIGHT-OF-WAY CE
MICHIGAN STREET (U.S. 31), BEING T
NORTH 05 °50'29" EAST ON SAID EASTERLY RIGHT-OF-WAY, A DISTANCE
OF 11.00 FEET; THENCE SOUTH 86 ° 09'31" EAST A DISTANCE OF 10.00 FEET;
THENCE SOUTH 03 ° 50'29" WEST A DISTANCEO 0 PEET TO THE THENCE
POINT OF
NORTH 86°09'31" WEST A DISTANCE
BEGINNING.
PARCEL CONTAINS 0.0025 ACRES MORE OR LESS.
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
OCTOBER 7, 2005
04-151
SHEETXOF k
`1
PARCEL
29A
PROJECT 4h
STP-0971(053)
ROAD:
MICHIGAN ST.
COUNTY:
5T. JOSEM
SECTION:
25
TOWNSHIP:
CENTRE
RANGE:
2E
1 AREA PERMANENT R/W (FEE):
DES #:0101183 AREA PERMANENT EASEMENT:
AREA TEMPORARY R/W:
I�
w
rn
N
0
u)
P7
0
z
S86'09'31 "E
10.00'
0
r 4 NO3'50'29"E
CO 1 1.00'
Q
6B4
N/A OWNER/RECORD REFERENCE:
N/A NANCY JO PINNEY AND KAYLYN KRAMER
0.0025 Ac. 4030 S. MICHIGAN ST.
SOUTH BEND. IN 46614
DOC.# 0352617
HATCH LEGEND
PERMANENT R/W
(FEE)
PERMANENT
EASEMENT
TEMPORARY
R/W
'eL" 7
S03'50'29"W
1 1.00'
55
6B3 688
N86'09'31 "W
10.00'
POINT
LINE
STATION
OFFSET
EASTING
"A"
1060+92
50.00'
iRtl2389.86
239.5306
10683
10110.7622
"NORTHING
A
1061+03
50.00'
24.5059
101684
10111.4991
"A"
1060+92
60.00'
068B 7
10120.7398
689
"A"
1061+03
60.00' Lt.
12400.8360
110121.4767
SCALE: 1 "=20'
56
H
I
P
CTTERRITORIAL ENGINEERING, z/96' 110 J 2005
LLC V H. JANOVIC ROBERT S. ALOI INVALID UNLESS
WALKERTON FAMNA L.S. SO411 L.S. 20200024 EMBOSS SEALED
6 HEEr 57 OF .5
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)
It, in accordance with IC 36-2-7.5, do hereby affirm
, the undersigned preparer of the attached documen
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.
F P
Signature of Declarant
Shawn E- Peterson
Printed Name of Declarant
1
RECORDED AS PRESENTED ON
03/21/2006 12:58:33PK
a TERRI J. REMAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $11.00
PAGES: 2
State Form 438981
R 11/88
Protect STP-9971 OS?
STATE OF ARIZONA ) Parcel
29
) SS. N A
COUNTY OF MARICOPA ) Code
"I AM THE SANIE" AFFIDAVIT
I JnP P Pinned , the undersigned affiant, being duty sworn upon my oath,
hereby say and affirm that I have been known as and that I am one and the same person as
Pinney
Further affiant sayeth not.
G
(- iant's Signature)
_ Joe P. Pinney__
(Affiant's Printed Name)
Before me, a Notary Public in and for said County and State, personally appeared
Joe P. Pinney ,who acknow edged the truth of the statements in the foregoing
affidavit on this 1 day of 2005.
Tnesrr JOANNE C. GEORGIUS
$ Notary Public - Arizona
Marlcopa County
My Commisslon Expires
+ 181E • Seprember 1, 2006
6MM4'9-�'
fftart' Public (Signature)
TMAIN E C. C -
Notary Public (Printed Name)
My Commission expires b
My County of Residence is
(D6 1 1z)31D5
RECORDED AS PRESENTED ON
State Form #38981
R 11/88
STATE OF ARIZONA
SS:
COUNTY OF MARICOPA
03/21/2006 12:58:33PH
TERRI J. RETHLARE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $11.00
PAGES: 2
Project _ STP-9971(053 )_
Parcel 29
Code N/A
"I AM THE SAME" AFFIDAVIT
I Joe P Pinney , the undersigned affiant, being duly sworn upon my oath,
hereby say and affirm that I have been known as and that I am one and the same person as
Joe E. Pinney
Further affiant sayeth not.
(4ant's Signature)
Joe P. Pinney
(A-Mant's Printed Naive)
Before me, a Notary Public in and for said County and State, personally appeared
Joe P. Pinney , who acknowledged the truth of the statements in the foregoing
affidavit on this day of , 2005.
��nesr�T JOANNE C. GEORGIUS
Notary Public - Arizona
' Marlcopa County
My Commisslon Expires
September 1, 2006
My Commission expires 11 . J. D
My County of Residence is
This instrument was prepared by Roh, B skirk
Itary Public (Signature)
Notary Public (Printed Name)
1
t
County Form 170
Prescribed by the
State Board of Accounts
(2005)
Declaration
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)
ed document, in accordance with IC 36-2-7.5, do hereby affirm
I, the undersigned preparer of the attach
Under the penalties of perjury:
1. cument for the purpose of identifying and, to the extent permitted
I have reviewed the attached do
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 Name of Declarant