HomeMy WebLinkAbout#3106- Deed; TEMPORARY AGREEMENT A Temporary Right-of-Way Parcel Located in the NW Quarter of Section 24, Township 37 North, Range 2 East of the Second Principal Meridian Michigan Street Project NO. 104-0243 46
5/8/2006
Temporary Easement Agreement
LOT NO.
SUB: Calvary Temple Minor Sub
Calvary Temple (south Bend Gospel Tabernacle, Inc.)
Chippewa Ave.
Description:
A Temporary Right -of -Way Parcel Located in the NW
Quarter of Section 24, Township 37 North, Range 2 East of
the Second Principal Meridian Michigan Street Project NO.
1 U-024
31 6
5181 006
Temporary Easement Agreement
LOT NO.
SUB: Calvary Temple Minor Sub
Calvary Temple (south Bend Gospel Tabernacle, Inc.)
Chippewa Ave.
Description:
A Temporary Right -of -Way Parcel Located in the NW
Quarter of Section 24, Township 37 North, Range 2 East of
{ the Second Principal Meridian Michigan Street Project NO.
104-024
06 1 77(D(D
RECORDED AS PRESENTED ON
05/08/2006 10:53:10AM
ST. JOSEPH COUNTY
C^-1 RECORDER
REC FEE: $27. 00
PAGES: 9
PROJECT: STP-9971(053)
PARCEL: 4I , 41 A, 41 B, 41 C & 41 D
TEMPORARY EASEMENT AGREEMENT
THIS INDENTURE WITNESSETH, T14AT Calvary Tem GIs a -South Bend Gospel Tabernacle. Inc.
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 cantor'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
grading and/or walk construction and/or curb installatio1 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 the
undersigned is a duly elected officer of the Grantor and has been fully empowered by proper resolution, or
the by-laws of the Grantor, to execute and deliver this agreement; that the Grantor is a corporation 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 corporate capacity to convey the real estate described; and that all necessary
corporate action for the making of this conveyance has been duly taken.
Dated this5d day of M"A , 200&
Edgar Cabello President
(Printed Name and Title)
Page 1 of 2
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said County and State, this � day o� ,,•;•:,;;,.
20( personally appeared Ed Edgar CabeIlo President of Caly "".1 �10
Temple -South Bend Gospel Tabernacle,., Inc. ,_'°° ,
and acknowledged'te
execution of the foregoing instrument. Witness my band and notarial seal.
My Commission L xp fires: to �
9'
e
Notary Public
County of Residence�,��
This instrument prepared by: John R. Livingston, Assistant City Attorney
Page 2 of 2
e Bt. Jm3ph cau'O'i, i'q
,P4V Cewr'-rn Expin ue:cg, 2�, 20
Exhibit "A"
PROPOSED DESCRIPTION
PARCEL 41 - TEMPORARY RIGHT-OF-WAY FOR LAWN GRADING
A TEMPORARY RIGHT-OF-WAY PARCEL LOCATED IN THE SOUTHWEST
QUARTER OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE
SECOND PRINCIPAL MERIDIAN, PORTAGE TOWNSHIP, ST.JOSEPH COUNTY,
INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 25, TOWNSHIP
37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN AS
EVIDENCED BY AN ALUMINUM SECTION CORNER MARKER; THENCE
NORTH 87040'50" EAST ON THE SOUTH LINE OF THE NORTHWEST QUARTER
OF SECTION 25, ALSO BEING LINE "S-I 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 2640.14 FEET TO LINE "S-10-A" PER I.N.D.O.T. ROAD PLANS
STP-9971(053); THENCE SOUTH 87°48'29" WEST ON SAID LINE "S-10-A" A
DISTANCE OF 46.19; THENCE NORTH 02 ° 11'31" WEST A DISTANCE OF 40.00
FEET TO A POINT (724) ON THE NORTHERLY RIGHT OF WAY OF CHIPPEWA
AVENUE, BEING TIIE POINT OF BEGINNING; THENCE SOUTH 87°48'29"
WEST ON SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 43.81 FEET;
THENCE NORTH 02 ° 11'31" WEST A DISTANCE OF 5.00 FEET; THENCE NORTH
87048'29" EAST A DISTANCE OF 44.31 FEET TO THE WESTERLY RIGHT-OF-
WAY OF MICHIGAN STREET (U.S. 31); THENCE SOUTH 03 °36'29" WEST ON
SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 5.03 FEET TO THE POINT
OF BE, GINNING.
PARCEL CONTAINS 0.0051 ACRES MORE OR LESS.
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
OCTOBER 7, 2005
04-151
SHEET 1 OF,3-
7
PROPOSED DESCRIPTION
PARCEL 41 B -TEMPORARY RIGI-IT-OF-WAY FOR LAWN GRADING
A TEMPORARY RIGHT-OF-WAY PARCEL LOCATED IN THE SOUTHWEST
QUARTER OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE
SECOND PRINCIPAL MERIDIAN, PORTAGE TOWNSHIP, ST.JOSEPH COUNTY,
INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 25, TOWNSHIP
37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN AS
EVIDENCED BY AN ALUMINUM SECTION CORNER MARKER; THENCE
NORTH 87 040'50" EAST ON THE SOUTH LINE OF THE NORTHWEST QUARTER
OF SECTION 25, ALSO BEING 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 NORTII 03 ° 50'29" EAST ON SAID LINE "A" A
DISTANCE OF 2640.14 FEET TO LINE "S-10-A" PER I.N.D.O.T. ROAD PLANS
STP-9971(053); THENCE SOUTH 87°48'29" WEST ON SAID LINE "S-10-A" A
DISTANCE OF 140.00 FEET; THENCE NORTH 02 ° 11'31" WEST A DISTANCE OF
40.00 FEET TO A POINT (728) ON THE NORTHERLY RIGHT-OF-WAY OF
CHIPPEWA AVENUE, BEING THE POINT OF BEGINNING; THENCE SOUTH
87048'29" WEST ON SAID NORTHERLY RIGHT-OF-WAY A DISTANCE OF
152.00 FEET; THENCE NORTH 02 ° 11'31" WEST A DISTANCE OF 5.00 FEET;
THENCE NORTH 87048'29" EAST A DISTANCE OF 152.00 FEET; THENCE
SOUTH 02011'31" EAST A DISTANCE OF 5.00 FEET TO THE POINT OF
BEGINNING.
PARCEL CONTAINS 0.0174 ACRES MORE OR LESS.
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
OCTOBER 7, 2005
04-151
SHEET 2 OF,3'
7
• PROPOSED DESCRIPTION
PARCEL 41D - TEMPORARY RIGHT-OF-WAY FOR LAWN GRADING
A TEMPORARY RIGHT-OF-WAY PARCEL LOCATED IN THE SOUTIiWEST
QUARTER OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE
SECOND PRINCIPAL MERIDIAN, PORTAGE TOWNSHIP, ST.JOSEPH COUNTY,
INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 25, TOWNSHIP
37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN AS
EVIDENCED BY AN ALUMINUM SECTION CORNER MARKER; THENCE
NORTH 87 a 40'50" EAST ON THE SOUTH LINE OF THE NORTHWEST QUARTER
OF SECTION 25, ALSO BEING 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 2640.14 FEET TO LINE "S-10-A" PER I.N.D.O.T. ROAD PLANS
STP-9971(053); THENCE SOUTH 87 °48'29" WEST ON SAID LINE "S-10-A" A
DISTANCE OF 330.00 FEET; THENCE NORTH 02 ° 11'31" WEST A DISTANCE OF
40.00 FEET TO A POINT (732) ON THE NORTHERLY RIGHT-OF-WAY OF
CHIPPEWA AVENUE, BEING THE POINT OF BEGINNING; THENCE SOUTH
87 ° 48'29" WEST ON SAID NORTHERLY RIGHT-OF-WAY A DISTANCE OF 51.27
FEET TO THE EASTERLY RIGHT-OF-WAY OF MAIN STREET; THENCE NORTH
03 ° 01'47" EAST ON SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 5.02
FEET; THENCE NORTH 87 048'29" EAST A DISTANCE OF 50.81 FEET; THENCE
SOUTH 02 ° 11'31" EAST A DISTANCE OF 5.00 FEET TO THE POINT OF
BEGINNING.
PARCEL CONTAINS 0.0059 ACRES MORE OR LESS.
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
OCTOBER 7, 2005
04-15I
SHEET 3 OFY
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PROPOSED DESCRIPTION
PARCEL 41A - TEMPORARY RIGHT-OF-WAY FOR DRIVE CONSTRUCTION
A TEMPORARY RIGHT-OF-WAY PARCEL LOCATED IN THE SOUTHWEST
QUARTER OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE
SECOND PRINCIPAL MERIDIAN, PORTAGE TOWNSHIP, ST.JOSEPH COUNTY,
INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 25, TOWNSHIP
37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN AS
EVIDENCED BY AN ALUMINUM SECTION CORNER MARKER; THENCE
NORTH 87 040'50" EAST ON THE SOUTH LINE OF THE NORTHWEST QUARTER
OF SECTION 25, ALSO BEING LINE "S-I 1-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-997 1 (053); THENCE NORTH 03 ° 50'29" EAST ON SAID LINE "A" A
DISTANCE OF 2640.14 FEET TO LINE "S-10-A" PER I.N.D.O.T. ROAD PLANS
STP-9971(053); THENCE SOUTH 87 ° 48'29" WEST ON SAID LINE "S-10-A" A
DISTANCE OF 90.00 FEET; THENCE NORTH 02 ° 11'31" WEST A DISTANCE OF
40.00 FEET TO A POINT (725) ON THE NORTHERLY RIGHT-OF-WAY OF
CHIPPEWA AVENUE, BEING THE POINT OF BEGINNING,• THENCE SOUTH
87°48'29" WEST ON SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF
50.00 FEET; THENCE NORTH 02 ° 11'31" WEST A DISTANCE OF 20.00 FEET;
THENCE NORTH 87 ° 48'29" EAST A DISTANCE OF 50.00 FEET; THENCE
SOUTH 02 ° 11'31" EAST A DISTANCE OF 20.00 FEET TO THE POINT OF
BEGINNING.
PARCEL CONTAINS 0.0230 ACRES MORE OR LESS.
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
OCTOBER 7, 2005
04-151
SHEET , YOF Z
5- 7
PROPOSED DESCRIPTION
- TEMPORARY RIGHT-(1F_wev inn
A TEMPORARY RIGHT-OF-WAY PARCEL LOCATED IN THE SOUTHWEST
QUARTER OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE
SECOND PRINCIPAL MERIDIAN, PORTAGE TOWNSHIP, ST.JOSEPH COUNTY,
INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 25, TOWNSHIP
37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN AS
EVIDENCED BY AN ALUMINUM SECTION CORNER MARKER; THENCE
NORTH 87040'50" 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 2640.14 FEET TO LINE "S-10-A" PER LN.D.O.T. ROAD PLANS
STP-9971(053); THENCE SOUTH 87048'29" WEST ON SAID LINE "S-10-A" A
DISTANCE OF 292.00 FEET; THENCE NORTH 02 ° 11'31" WEST A DISTANCE OF
40.00 FEET TO A POINT (729) ON THE NORTHERLY RIGHT-OF-WAY OF
CHIPPEWA AVENUE, BEING THE POINT OF BEGINNING; 87048'29" WEST ON SAID NORTTHENCE SOUTH
HERLY RIGHT-OF-WAY, A DISTANCE OF
38.00 FEET; THENCE NORTH 02011'31" WEST A DISTANCE OF 15.00 FEET;
THENCE NORTH 87°48'29" EAST A DISTANCE OF 38.00 FEET; THENCE
SOUTH 02 ° 11'31" EAST A DISTANCE OF 15.00 FEET TO THE POINT OF
BEGINNING.
PARCEL CONTAINS 0.0131 ACRES MORE OR LESS.
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
OCTOBER 7, 2005
04-151
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