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HomeMy WebLinkAbout#3104- 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 LOT NO. SUB: Chippewa Minor Sub Nickerson, Jeffrey i Michigan Street i 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 I tDE, 1 7C-,'D7 RECORDED AS PRESENTED ON lJ 05/08/2006 10:48:31AM TERRI J. RETHLAKE n r 5T. JOSEPH COUNTYjy `) RECORDER 4 REC FEE: $15.00 �L C� PROJECT: STP-9971(053) PAGES: 3 PARCEL: 35 TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT Jeffrey L. Nickerson 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 ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, the following described real estate in St. Joseph County, Indiana, to -wit: Exhibit "A" attached hereto and made a part hereof The undersigned grantor(s), being duly sworn, say(s) that he (she, they) is (are) the sole owner(s) of the above -described property, and said grantor(s) further represent(s) that there are no leases or options of any kind or character on said lands as conveyed. The above -described right of way is temporary right of way for the purposes of constructing a driveway for service to the erantor's(s') nrivatc nrooerty and/or lawn Rradinq and/or wall: construction and/or curb installation and will revert to the grantor(s) upon the completion of said project. It is further understood and agreed that this conveyance transfers only the right to make or construct said driveway and/or lawn grading and/or walk construction and/or curb installation on said lands and to use any material lying within the above -described limits suitable for use in construction of said driveway and/or lawn grading and/or walk construction and/or curb installation and does not convey any rights to any minerals or other substances underneath the surface, except as it may be used For the construction of said improvements. Trees or any other land improvements may be cut or removed from said granted temporary easement by the City of South Bend, through its authorized representatives during said construction. Dated this / ITS day of 211 , , 24$-: ,?OD6 X'gi�a�e) v -- — k' ffrev L. Nickerson (Printed Name) (Signature) (Printed Name) STATE OF INDIANA ) '"y'`° ROY A. BUSKIRK SS: :.; h01"" :.. Allen Counly h.,�x �= My Commission Expires COUNTY OF ST. JOSEPH ) '''s�<<a'' March 13, 2009 Before me, the undersigned, a Notary Public in and for said County and State, this �I7 day of 2 py � , 298-s, personally appeared Jeffrey L. Nickerson _ , being over the age of eighteen (18), and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal. My Commission Expires: Y4�' Notary,p4blic Count of Residence This instrument prepared by: John R. Livingston, Assistant City Attorney FP Exhibit "A" PROPOSED DESCRIPTION PARCEL 35 - 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 1998.11 FEET; THENCE NORTH 86 ° 09'31" WEST A DISTANCE OF 50.00 FEET TO A POINT (702) ON THE WESTERLY RIGHT-OF-WAY OF MICHIGAN STREET (U.S. 31), BEING THE POINT OF BEGINNING; THENCE SOUTH 87 ° 55'49" WEST ON THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED IN DEED DOCUMENT # 9100656, A DISTANCE OF 25.13 FEET; THENCE NORTH 03 ° 50'29" EAST A DISTANCE OF 22.38 FEET; THENCE SOUTH 86 ° 09'31" EAST A DISTANCE OF 25.00 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 19.79 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0121 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA OCTOBER 7, 2005 04-151 SHEET I OFX Notary Xiblic Count of Residence This instrument prepared by: John R. Livingston, Assistant City Attorney 35 W-�F STP-997](053) 'ZOD: MICHWAN ST. COUNTY: ST.IOSEPI-I SECTION: 25 TOWNSHIP: CENTRE RANGE: 2E C Q � �MLo ow�o F-•I co C\2 a 4 c� o �- w�� � � Q Q W 701 AREA PERMANENT R/W (FEE): DES #: 0101 183 AREA PERMANENT EASEMENT: AREA TEMPORARY R/W: 704 703 S86'09'31 "E 25.0o' W � N am N d ^ O Lo N O O z cn / S87'55'49W \\-4 702 C-1 N/A 0.0121 Ac. POINT LINE STATION OFFSET NORTHING FASTING 701 'A" 1064+42.62 75.00' Lt. 12748.7391 10009.5321 702 "A" 1064+45.21 50.00' Lt, 12749.6468 10034.6494 703 "A" 1064+65 50.00' Lt., 12769.3919 10035.9751 704 "A" 1064+65 75.00' it1 12771.0668 10011.0313 TERRITORIAL ENGINEERING, �- LLC WAI-<ERTON INDIANA Y11E`-tx •OWNER/RECORD REFERENCE: JEFFREY L. NICKERSON 3939 S. MICHIGAN ST. SOUTH BEND, IN 46614 DOC.# 9100656 HATCH LEGEND PERMANENT R/W (FEE) PERMANENT EASEMENT TEMPORARY R/W rm a SCALE: 1."=20' VAN H. JANOVIC ROBERT S. ALOI L.S. SO411 L.S. 20200024 Notarylblic COLI[A oFResidence "I'lliS ins[rument prepared by: John R. Livingston, Assistant City Attorney N0. ° 20200024 _ STArE 01 JIIIS 11J K� 2005 INVALID UNLESS EMBOSS SEALED