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Home My WebLink About#3076- Deed; TEMPORARY EASEMENT TRUSTEES DEED Northwest Quarter of Section 25, Township 37 North Range 2 East of the Second Principal Meridian (MIchigan Street Project No. 104-024)3076 3/21 /06 Temporary Easement/Trustees Deed LOT NO. 17A SUB: Chippewa Heights The Viola P. Fisher Trust 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) • ACT PROJECT: STP-9971(053) PARCEL: 1 7A 06 1 ID28en" RECORDED AS PRESENTED ON 03/21/2006 12:26:39PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $17.00 PAGES: 5 TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT The Viola P. Fisher Trust dated Jul 6 1994 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 rancor's s'private propeLU 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 iv way 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 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 that lie is Successor Trustee of The Viola P. Fisher Trust dated July G 1994 ; and that pursuant to the Trust Agreement, has full authority to manage the affairs of said Trust and sign and execute documents on its behalf, that this authority has not been revoked; and therefore, is fully authorized and empowered to convey to the City of South Bend, State of Indiana real estate of the Trust; and on the date of execution of said conveyance instruments, it had full authority to so act. Dated this day of 2005. The Viola P. Fisher Trust dated July 6 1994 B (Signature) Ralph Lybarger. Successor Trustee (Printed Name and Title) Page 1 of 2 �- IYC ROY A. BUSKIRK rgrwr Allen County J .,SEAL My Commission Expires � �i. March 13, 2009 STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPI I } Before me, the a dersig led, a Notary Public in and for said County and State, this —ZZ-=AL of 2005, personally appeared Ralph Lybarger. Successor Trrrsday tee of The Viola P. Fisher Trust dated Jul 6 1994 execution of the foregoing instrument. Witness my hand and notarial seal. > and acknowledged the My Commission Expires: N: e •. ROY A. BUSKIRK i �:. • �qT� •,: Allen County r ;.;•• s '•f� My Commission Expires j s'°' March 13_2009 Notary Public County of Residence This instrument prepared by: John R. Livingston, Assistant City Attorney Page 2 of 2 Exhibit "A" PROPOSED DESCRIPTION ARC L 17A-1'EMPORAIZY RIGII'C-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, STJOSEPH 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-11-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 364.54 FEET; THENCE NORTH 86°09'31" WEST A DISTANCE OF 64.42 FEET TO A POINT (559), BEING THE POINT OF BEGINNING; THENCE SOUTH 87 ° 55'49" WEST ON THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED IN DEED DOCUMENT #9427843, A DISTANCE OF 5.61 FEET; THENCE NORTH 03 ° 50'29" EAST A DISTANCE OF 48.94 FEET; THENCE SOUTH 86 ° 09'31" EAST A DISTANCE OF 8.00 FEET; THENCE SOUTH 06 ° 42' 13" WEST A DISTANCE OF 48.43 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 0.0076 ACRES MORE OR LESS. (Printed Name and Title) TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA OCTOBER 7, 2005 04-151 SHEET 1 OFX Page 1 of 2 Y.-On TAWIN p.4RCF� ?GC1�%.� •' I7A S-IP-9971(053) DES * 0101163 AREA PERMANENT (FEE): N/A OWNER/RECORD REFERENCE: ROAD: N flCTITGAN ST. ER/WASEMENT: AREA PERMANENT EASEMENT: N/A VIOLA P. FISHER COUNTY: S'T.JOSEPI-I AREA TEMPORARY R/W; 0.0076 Ac. TRUSTEE OF THE VIOLA P. FISHER TRUST SECTION: 25 4408 S. MICHIGAN ST. TOWNSHIP: CENTRE SOUTH BEND, IN 46614 RANGE: 2E DOC.# 9427843 T LINE STATION OFFSET NORTFIING FASTING 9 "A" R600 1048+ 1 1.64 64.42' Lt. 1 1 120.7075 9910.8261 "q" 1048+11.D 70.00' Lt. 11120.5048 9905,2181 1 "q" 1048+60 70.00' Lt. 11169-3375 9908.4969 602 1 "A" 1048+60 62.00' Lt. 11168.8015 9916. 7789 TERRITORIAL ENGNEERING, r-- LLC WALKERTON HATCH LEGEND PERMANENT R/W (FEE) PERMANENT? EASEMENT TEMPORARY R/W = 0 0 cc SCAU! i "=20' _ VAN H. JANOVIC ROBERT S. AL01 )INVALID UNLESS iNDiAN� L.S. SO411 L.S. 20200024 EMBOSS SEALED S N�Er 0 F� Ralph L.yoargCF, ouVVo�w, (Printed Name and Title) Page 1 of 2 E%TERt13 F-'R T,AXAMON CNAEE C. EVY 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. 1, the undersigned, affirm under the penalties of perjury, that the forgoing declarations are true. Ralph Lyhargct (Printed Name and Title) Signature of Declarant Shawn E. Peterson Printed Name of Declarant Page 1 of 2 ENTERM F TAXATION '�. C. EVY [Zl6 1 IZJ287 RECORDED AS PRESENTED ON aQilt��1 Taxing PROJECT: STP-9971(053) PARCEL: 17 XF- lo'ZS- 13-;� T11 USTEE'S DEED 03/21/2006 12:26:4OPM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $22. 00 PAGES: 5 THIS INDENTURE WITNESSETH, THAT The Viola P. Fisher Trust dated .Iul 6 1994 of St. Jose h County, in the State of Indiana , CONVEY(S) AND WARRANT(S) 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 Grantor(s) herein agree(s) to pay all real estate taxes and assessments levied or assessed against the above - designated real estate prior to the date of this deed. Grantor(s) hereby convey(s) the above -described real estate free and clear of all leases, licenses, or other interests, both legal and equitable, and all encumbrances of any kind or character. This document shall constitute a conveyance of the above -described real estate (excepting any parcels specifically designated as easements or as temporary right-of-ways) in fee simple and not merely for right- of-way purposes, and no reversionary rights whatsoever are intended to remain in the Grantor(s). The undersigned person executing this deed represents and certifies that he is Successor Trustee of The Viola P. Fisher Trust dated July 6 1994 ; and that pursuant to the Trust Agreement, has frill authority to manage the affairs of said Trust and sign and execute documents on its behalf, that this authority has not been revoked; and therefore, is fully authorized and empowered to convey to the City of South Bend, State of Indiana real estate of the Trust; and on the date of execution of said conveyance instruments, it had full authority to so act. Dated this day of �� c -C _ , 2005. The Viola P. Fisher Trust dated July b, 199=4 •,__ (Signature) Ralph Lybarger, Successor Trustee (Printed Name and Title) Page I of 2 "'^""'�' • ROY A. i3USKIRK S Allen County a•.5 .:'�:' MMY Commission Expires March 13, 2009 11 IBM ' yL Ce yin .. Ti r �+) I�W�F.oW �aF qq A STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before 10C, the undersigned, a Notary Public in and for said County and State, this >1 , 2005, personally appeared day of ---Ralph L bar er Succ ssor Trustee of The Viola P. Fisher Trust dated Jul 6 199�1 execution of the foregoing, instrument. Witness my hand and notarial seal. ' and acknowledged the My Commission Expires: Notary Publ County of Residence This instrument prepared by: John R. Livingston, Assistant City Attorney �«yo"•-.. ROY A. BUSKIRK �p2 - Allen County My Commission Expires March 13, 2009 Page 2 of Exhibit "A" PROPOSED DESCRIPTION PARCEL 17 - PERMANENT RIGHT-OF-WAY A PERMANENT RIGIIT-OF-WAY PARCEL LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST OF TIIE SECOND PRINCIPAL MERIDIAN, CENTRE TOWNSHIP, ST.JOSEPII COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TIIE WEST QUARTER CORNER OF SECTION 25, AS EVIDENCED BY AN ALUMINUM SECTION CORNER MARKER; THENCE NORTH 87 ' 40'50" EAST ON TIIE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 25, ALSO BEING LINE "S-11-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 366.03 FEET, THENCE NORTH 86°09'31" WEST A DISTANCE OF 50.00 FEET TO A POINT (560) ON THE WESTERLY RIGHT-OF-WAY OF MICHIGAN STREET (U.S. 31), BEING TIIE POINT OF BEGINNING; THENCE SOUTH 87055'49" WEST ON TIIE SOUTII LINE OF THE PARCEL OF LAND DESCRIBED IN DEED DOCUMENT #9427843, A DISTANCE OF 14.50 FEET; THENCE NORTH 06 ° 42' 13" EAST A DISTANCE OF 100.64 FEET TO THE NORTH LINE OF TIIE PARCEL OF LAND DESCRIBED IN DEED DOCUMENT ##9427843; THENCE NORTH 87055'49" EAST ON SAID NORTII LINE, A DISTANCE OF 9.44 FEET TO THE WESTERLY RIGHT-OF-WAY OF MICHIGAN STREET (U.S. 31); THENCE SOUTH 03 ° 50'29" WEST ON SAID WESTERLY RIGIIT-OF-WAY, A DISTANCE OF 99.99 FEET TO TIIE POINT OF BEGINNING. PARCEL CONTAINS 0.0273 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA OCTOBER 7, 2005 04-151 SHEET I OF/ PARCEL k7; 17 F ROJECT #: SIF-9971(053) ROAD: MICIIIGAN ST. COUNTY: STJOSEMII SECTION: 25 TOWNSHIP: CENTRE RANGE: 2E 563 559 AREA PERMANENT R/W (FEE): DE5 4P OI01183 AREA PERMANENT EASEMENT: AREA TEMPORARY R/W: j m 0) {487'55'49"E 9.44' 564 co co 151 ir z V U 560 S87'55'49"W 14.50' 0.0273 Ac. OWNER/RECORD REFERENCE: NIA VIOLA P. FISHER N/A TRUSTEE OF THE VIOLA P. FISHER TRUST 4408 S. MICHIGAN ST. SOUTH BEND, IN 45614 DOC.# 9427842 DOC.# 9427843 POINT LINE STATION OFFSET NORTHING FASTING 559 "q" 1048� 11.64 64.42' Lt. 11120.7075 9910.8261 560 "A" 1048+13.13 50.00' Lt. 11121.2310 9925.3119 563 "A" 1049+ 12.15 59.39' Lt. 11220.6569 9922.5739 5641 "A" 1 1049+ 13.1 50.00' Lt.1 11220.9980 9932.0106 4iATC41 LEGEND PERMANENT R/W ;7 //1 (FEE) PERMANENT EASEMENT + TEMPORARY R/W C Q SCALE: 1"=20' TERRITORIAL ENGINEERING, LLC � VAN H. JANOVIC WAUCEMON gJDIANA L.S. SO411 SH EE7 ,,� 0 r- .? N 0 . '+ _ 20200024 s T STATE 017 t 14 &I- ROBERT S. ALOI L.S. 20200024 / /0 ? / 2005 INVALID UNLESS EMBOSS SEALED 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