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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