HomeMy WebLinkAbout#3073- 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)3073
3l21 i 06
Temporary Easement Agreement/I Am The Same Affidavit
LOT NO.20B
SUB: Chippewa Heights
Warren, Jamie & Robin
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)
2t6 i 4J31r 1
RECORDED AS PRESENTED ON
03/21/2006 12:49:18PM
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $15. 00
PAGES: 4
PROJECT: STP-9971(053)
PARCEL: 20B
TEMPORARY EASEMENT AGREEMENT
THIS INDENTURE WITNESSETH, THAT Jamie E. Warren and Robin A. Warren f/k/a Robin A
Richmond '
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 gradingand/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 installati n 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 12,LLday of
2005.
(Sign ure) (Signature)
Ja ie E. Warren Robin A. Warren
(Printed Name) (Printed Name)
STATE OF INDIANA ROY A. BUSKIR'
�,pTRRY Allen County
} SS: S L.:� my commissionExpires
? M�=' March 13, 2009
COUNTY OF ST. JOSEPH ) _
Before me, the undersigned, a Notary Public in and for said County and State, this i a_,4 day of
2005, personally appeared Jamie E. Warren and Robin A. Warren
f/k/a Robin A. Richmond , being over the age of eighteen (18), and acknowledged the
execution of the foregoing instrument. Witness my hand and notarial -seat. 7
My Commission Expires:
This instrument prepared by: Jolin R. Livingston, Assistant City Attorney
Exhibit "A"
PROPOSED DESCRIPTION
PARCEL 20B - 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,
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
ox src'ric>w as, ALSO BANG 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 557.90 FEET; THENCE NORTH 86 ° 09'31" WEST A DISTANCE OF
50.00 FEET TO A POINT (616) ON TIIE WEST RIGHT-OF-WAY OF MICIIIGAN
STREET (U.S. 31), BEING THE POINT OIL BEGINNING; THENCE NORTH
86 ° 09'31" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 03 ° 50'29"
EAST, A DISTANCE OF 56.56 FEET TO TIIE NORTH LINE OF THE PARCEL OF
LAND DESCRIBED IN DEED DOCUMENT f0430246; THENCE NORTH
87 ° 55'49" EAST ON SAID NORTH LINE, A DISTANCE OF 15.08 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 58.12 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 0.0197 ACRES MORE OR LESS.
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
OCTOBER 7, 2005
04-151
SHEET I OFX
2
PAFZCE° #€
20B AREA PERMANENT R/W (FEE);
PPr1jE4T #:
STP-9971(053) DES f� 0101183 AREA PERMANENT EASEMENT:
ROAD:
NUCHIGAN ST. AREA TEMPORARY R/W:
COUNTY:
ST.JOSEPli
SECTION:
25
TOWNSHIP:
CENTRE ,
RANGE:
2E
N87'55'49"E
15.08'
N/A OWNER/RECORD REFERENCE:
N/A JAMIE E. WARREN AND
0.0197 Ac. ROBIN E. WARREN
4126 FELLOWS ST.
SOUTH SEND, IN 46614
DOC.# 0430246
o coJ
N N W
Z W
616 z
X
618 _V
N86'09'31 "W
15.00'
POINT
LINE
STATION
OFFSET
NORTHING
CASTING
614
"A"
1050+63.12
50.00' Lt.
11370.6568
9942.0592
616
"A"
1050+05
50.00' Lt.
11312.6719
9938.1659
618
"A"
1050+05
65.00' Lt.
11313.6768
9923.1996
619
"q"
1050+ 61.56
65.00 Lt.
11370.1122
9926.9889
SCALE: i"=20'
HATCH LEGEND
PERMANENT R/W
(FEE)
PERMANENT
EASEMENT
TEMPORARY R/W
�4
Lu
a�4� - Ills 91�'/ilk
4 �G�s
No.
20200624
S I'AlF OF ;
1
�I111111111
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 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
RECORDED AS PRESENTED ON
03/21/2006 12:49:17PM
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: 513.00
PAGES: 3
State Form #38981
R 11/88
STATE OF INDIANA ) Project TP-9971(053)
) SS: Parcel 20
COUNTY OF ST. JOSEPH ) Code N/A
"I AM THE SAME" AFFIDAVIT
I, Robin A Warro, f k Robin A Richmond , the undersigned affiant,
being duly sworn upon my oath, hereby say and aff rin that I have been known as and that I am
one and the same person as _ Robin E. Ricli pond _
Further affiant sayeth not.
RECITAL: This Affidavit is to correct a scrivener's error on Warranty Deed recorded in the
St. Joseph County, Indiana Recorder's Office on June 22, 2004 as Document No.
0430246.
See attached Exhibit "A"
(Affiant's Signature)
Robin A. Warren
(Afliant's Printed Name)
Before me, a Notary Public in and for said County and State, personally appeared
Robin A. Warren, f/lc/a Robin A. Richmond ,who acknowledged the truth of the statements in
the foregoing affidavit on this I L'. day of Q%g, , 2005.
:ayo '•. ROY A. BUSKIRK
aFv . Allen County
"'. My Commission Expires Notary lic (Signature)
March 13, 2009
w
Notary Public (Printed Name)
My Commission expires
My County of Residence is
This instrument was prepared by Roy A. Riisldrk
Exhibit "A"
LEGAL DESCRIPTION
PARCEL I: A part of the West Half of the Northwest Quarter of Section 25, Township 37 North, Range 2
East bounded by a line running as follows, viz: Beginning at a point on the Westerly line of the Michigan
Road 500 feet Northerly (measured along said Westerly line) of the intersecllon of the Westerly line of
said Michigan Road with the North line of the Ireland Road (formerly Ice Road) said point of intersection
being 20 feet North of the South line of the Northwest Quarter of Section 25; thence Northerly, along the
Westerly line of said Michigan Road, 100 feet; thence West 150 feet: thence Southerly, parallel with said
Westerly line of the Michigan Road, 100 feet; thence East 150 feet to the place of beginning, and being
known as Lots Numbered One (1) and Two (2) as shown on an unrecorded Plat of John A. Byer's
Proposed Addition In Centre Township, St. Joseph County, fndiana.
PARCEL It: A part of portion of the following described tract of land: Beginning at the Southwest corner
of the Northwest Quarter of Section 25, Township 37 North, Range 2 East; thence running North on the
Wes( line of said Section a distance of 621 feet 5 inches, thence East 721 feet to the West line of the
Michigan Road as fenced: Ihence Southwesterly along the Westerly line of said road a distance of 622
feet to the middle of an East and West Highway, thence West along the middle of said highway 681 feel to
the place of beginning, the pars of portion of the above described real estate conveyed is bounded by a
line running as follows, viz: Beginning at a point 150 feel West of the Northeast corner of said 10 acre
tract above described: thence running Southwesterly parallel with the Westerly line of Michigan Street a
distance of 100 feet; thence West 150 feet more or less to the Easterly line of Main Street projected
Southerly, thence Northerly on Easterly line of Main Street projected Southerly 100 feet; thence East 150
feet to the place of beginning, being Lots Numbered Twenty-three (23) and Twenty-four (24) in John A.
Byers proposed Addition in Centre Township.
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 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