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Home My WebLink About#3105- 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 Voigtlander, Halle -Von Michigan Street Description: A Temporary Right -of -Way Parcel Located in the NW Quarter of Section 25, Township 3 7 North, Range 2 East of the Second Principal Meridian Michigan Street Project NO. 104-024 �6 1 7C, J8 RECORDED AS PRESENTED ON 05/OB/2006 10:50:08AM TERRI J. RETHLAHE I j ST• JOSEPH COUNTY RECORDER i U� If C1 FEE: REC $17. 00 1 v� PAGES 4 PROJECT: STP-9971(053) PARCEL: 34 TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT Halle -Von Voi lander a artnershi of Maricopa County, in the State of Arizona , 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 pronea 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 _re ading 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 on behalf of the Grantor, that he is the Agent (Title) of the Grantor and has been fully empowered by the Grantor, to execute and deliver this agreement and all other such instruments of transfer; that the Grantor is a partnership 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 11th day of January , 2006 Halle -Von Voigiiander. a partnersilil B (Signat rc) James Silhasek, Agent (Printed Name and Title) Page I of 2 STATE OF ARIZONA ) ) SS: COUNTY OF MARICOPA ) Before me, the undersigned, a Notary Public in and for said County and State, this 11 th day of January, 2006, _ _,Mg, personally appeared James_Silhasek, Agent of Halle -Von Voigglander a partnership , and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal. My Commission Expires: 2/19ZD6 I OFFICIAL SEAL Notary rblie �, i EPriAIC'E SEAL County of Residence Maricopa 4.t. - 01AR`' PUBLIC-ARIZONA PJri 31COPACOUNTY iyy Caen. Expires Feb. 19, 9006 This instrument prepared by: John R. Livingston, Assistant City Attorney Page 2 of 2 Exhibit "A," PROPOSED DESCRIPTION PARCEL 34 - 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-I1-A" PER LN.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 03050'29" EAST ON SAID LINE "A" A DISTANCE OF 1932.90 FEET; THENCE NORTH 86 ° 09'31" WEST A DISTANCE OF 50.00 FEET TO A POINT (699) ON THE WESTERLY RIGHT-OF-WAY OF MICHIGAN STREET (U.S. 31), BEING THE POINT OF BEGINNING; THENCE NORTH 86 0 09'31" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 03 ° 50'29" EAST A DISTANCE OF 62.62 FEET TO THE NORTH LINE OF THE PARCEL OF LAND DESCRIBED IN DEED DOCUMENT 97926592; THENCE NORTH 87 ° 55'49" EAST ON SAID NORTH LINE A DISTANCE OF 25.13 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 65.21 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0367 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA OCTOBER 7, 2005 04-151 SHEET I OFIY 7 PARCEL k 34 AREA PERMANENT R/W (FEES N/A OWNER/RECORD REFERENCE: OROJECT Ki • ' STP-9971(053) DES I-..0101183 AREA PERMANENT EASEMENT: N/A HALLE-VON VOIGTLANDER ROAD: MICHIGAN ST. AREA TEMPORARY R/W: 0.0367 Ac. ATTW REAL ESTATE DEPT. COUNTY: ST. JOSPEH 14631 N. SCOTTSDALE RD. SECTION: 25 SCOTTSDALE, AZ 85254 TOWNSHIP: CPNTRE RANGE: 2E DOC.1 7926592 a > 4 r•.- i �ja4LO �Q. c co d POINT LINE STATION OFFSET NORTHING EASTING 699 "A" 1063+60 50.00' Lt. 12684.5829 10030.2807 700 "A" 1063+80 75.00' Lt. 12686.2577 10005.3369 701 "A" 1064+42.62 75.00' Lt. 12748.7391 10009.5321 702 "A" 1064+45.21 50.00' Lt. 12749.6468 10034.6494 cd 1'51' �.J z Q 0 _U m POM SCALE: 1"=20' HATCH LEGEND PERMANENT R/W (FEE) PERMANENT EASEMENT TEMPORARY R/W W z v w 0) N O 0 z 0 ��\1�1L111F[I�P�,ijy/� j l 4'.:� Via•, No. _i .2.0200024 � S,I, rr: of- r' TERRITORIAL ENGINEERING LLC 2005 VAN H. JANOVIC L.S. SO411 ROBERT S. ALOI L.S. 20200024 INVALID UNLESS EMBOSS SEALED WAUTMON Ml MA -)/JCL 7- ;; o F 2