HomeMy WebLinkAbout#3098- Deed; TEMPORARY EASEMENT AGREEMENT A Temporary Right-of-Way Parcel Located in the NW Quarter of Section 25, Township 37 North, Range 2 East of the Second Principal Meridian Michigan Street Project NO. 104-0245/8/2006
Temporary Easement Agreement
23-1025-1391
LOT NO.86/87/88
SUB: Chippewa Heights
GAA Investments
Michigan Street
Description:
A Temporary Right -of -Way Parcel Located in the NW
Quarter of Section 25, Township 37 North, Range 2 East of
the Second Principal Meridian Michigan Street Project NO.
104-024
� . 1 �68CH,
RECORDED AS PRESENTED ON
05/OB/2006 10:34:27AM
3TERRI
J. RETHLARE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $17.00
PROJECT: STP-9971(053)
PAGES: 4
PARCEL: 21 A
TEMPORARY EASEMENT AGREEMENT
THIS INDENTURE WITNESS ETH, THAT GAAliivestinents,LLC.aiiindiaiialiiiiitedliabiliiy
company
of Allen 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
service to the grantor's(s,') private ,property 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 driveway and/or lawn
din raancyor 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 andlor
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 representF-tives during said construction.
The undersigned person(s) executing this agreement represent(s) and certify(certifies) on behalf of the
Grantor, that he/she (they) is (are) the Manager/Managing Member (Members) of the Grantor and has
(have) been fully empowered by the Grantor, to execute and deliver this agreement and all other such
instruments of transfer; that the Grantor is a Limited Liability Company in good standing in the State of its
origin and, where required, in the State where the subject real estate is situate; that the Grantor has full
capacity to convey the real estate described; and that all necessary action for the making of this conveyance
has been duly taken.
Dated this J3 day of jlXq q ,tLn 2006.
GAA Investments. LLC an Indiana limited liability company
B
v
(Signat e)
Geor e A. Azar. Managing Member
(Printed Name and Title)
Page I o f
STATE OF INDIANA )
SS:
COUNTY OF ALLEN )
Before me, the undersigned, a Notary Public in and for said County and State, this J3 , day of
2W; personally appeared George A. Azar Managing Member of
GAA nvestments LLC an Indiana limited liabili com an and acknowledged the
execution of the foregoing instrument. Witness my hand and notarial seal.
My Commission Expires: n
ROY A. BUSKIRK
ommission Expirey s Notary Public
'' y March 13, 2009
County of Residence
This instrument prepared by: John R. Livingston, Assistant City Attorney
Page 2 of 2
Exhibit "A"
PROPOSED DESCRIPTION
PARCEL 2 1 A - 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 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 615.50 FEET; THENCE NORTH 86°09'31" WEST, A DISTANCE
OF 55.00 FEET TO A POINT (6I3), BEING T14E POINT OF BEGINNING; THENCE
SOUTH 87 ° 55'49" WEST ON THE SOUTH LINE OF THE PARCEL OF LAND
DESCRIBED IN DEED DOCUMENT #0500195 THRU #0500200, A DISTANCE OF
20.11 FEET; THENCE NORTH 03 ° 50'29" EAST A DISTANCE OF 54.47 FEET;
THENCE SOUTH 86 ° 09'31" EAST, A DISTANCE OF 20.00 FEET; THENCE
SOUTH 03 ° 50'29" WEST, A DISTANCE OF 52.40 FEET TO THE POINT OF
BEGINNING.
PARCEL CONTAINS 0.0245 ACRES MORE OR LESS.
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
0CT013ER 7, 2005
04-151
SHEET I OFT
9
ZIA
r
STP-9971(053)
ROAD:
N UCIRGAN ST.
COUNTY:
STJOSEM
SECTION:
25
TOWNSHIP:
CENTRE,
RANGE:
2E
AREA PERMANENT R/W (FEE):
DES # 0101183 1 AREA PERMANENT EASEMENT:
AREA TEMPORARY R/W:
N/A I OWNER/RECORD REFERENCE:
NIA GAA INVESTMENTS, LLC
0.0245 Ac. 1010 N. COLISEUM BLVD.
FORT WAYNE, IN 46805
POINT
LINE
STATION
OFFSET
NORTHING
FASTING
613
"A"
1050+62.60
55.00' Lt.
11370.4753
9937.0358
619
"A"
1050+60.53
75.00' Lt.
11369.7491
9916.9420
622
"A"
1051 +15
75.00' Lt.
11424.0996
9920.5913
623
"A'•
1051+15
55.00' Lt.
11422.7597
9940.5463
DOC.#'S 0500195 THRU 0500200
SCALE: i"=20'
_TERRITORIAL ENGINEERING, '
LLC
VAN H. JANOVIC
WAUCEMON qNq L.S. 50411
HATCH LEGEND
PERMANENT R/W?%%?
(FEE)
PERMANENT
EASEMENT
TEMPORARY R/W
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