HomeMy WebLinkAbout#3131- Deed; TEMPORARY EASEMENT AGREEMENT WARRANTY DEED; NE Quarter of Section 12, Township 37 North, Range 2 East in Portage Township - Eddy Improvements 104-0333 1
i
6/ 14/2006
Temporary Easement Agreemetn
LOT NO.
SUB:
South Bend Dental Center Partnership
j Eddy Street
Description:
NE Quarter of Section 12, Township 37 North, Range 2 Easi in
Portage Township - Eddy Improvements 104-033
i
062s 1 3KD
RECORDED AS PRESENTED ON
06/14/2006 10:34:33AM
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $49- 00
PAGES: 5
PROJECT: HES-9971()
PARCEL: 7A
TEMPORARY EASEMENT AGREEMENT
THIS INDENTURE WITNESSETH, THAT South Bend Dental Center Partnership. LLC. an Indiana
limited liability company
of, St. Joseph County, in the State of Indiana ,
CONVEY(S) A TEMPORARY EASEMENT TO TFIE 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 property and/or lawn grading 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 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 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 Manager 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 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 day of / 9- , 2005.
South Bend Dental Center Partnershi12, LLC an Indiana limited liabili1y compan
r. A 5ugK1RK
B Rod w\V
.p ..., ANenC �xp`ies
(Signature)
�'�t�,y�r '• � MY G�afG�� 13.2p49
Charles H. Rosenbaum. Manager
(Printed Name and Title)
Page I 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 1,day of
4le-e- , 2005, personally appeared Charles H. Rosenbaum, Manaeer of
South Bend Dental Center Partnership. LLC. an Indiana limited liability company
, and acknowledged the execution of the foregoing instrument.
Witness my Land and notarial seal.
My Commission Expires:
Notary Pu c
County of esidence
This instrument prepared by: John R. Livingston, Assistant City Attorney
A. BUSYIM
4. Nul°.
BOY
AI1en County
Expires
COMMISSiO
13
March
Page 2 of 2
RIGHT--OF-WAY
PLAT OF SURVEY '7A
Exhibit "A" for
SOUTH BEND DENTAL CENTER PARTNERSHIP LLC
SECTION SH
12, TOWNIP 37 NORTH, RANGE 2 EAST
ST. JOSEPH COUNTY, INDIANA
PORTAGE TOWNSHIP,
McKINLEY AVENUE (44' RM
(N89'34'41-E)
SOUTH BEND MAC, L.P.
DOC.#9750650
SOUTH BEND DENTAL
CENTER
PARTNERSHIP LLC
DOCA 0245292
PARCEL 7A
0.0046 ACRES±
NORTH LINE
SOUTH BEND
DENTAL CENTER
PARCEL
N89'34'41 "E
5.00'(C)
N00'32'03'"
40.00'(C)
PROPOSED
TEMPORARY R/W
PROPOSED
SOUTH LINE
SOUTH BEND
DENTAL CENTER
PARCEL
S CIALE I " = 2 0'
/ 25.00'(C)
1'.0.13.
S89'34'41 "W 7A
5.00'(C)
CCU
SOUTH BEND MAC, L.P.
DOC.#9750650
E
0
0
0
P'O.C.
NE CORNER LOT 16
KLINGLE & MAYR'S
SUBDIVISION
Ex{S NVG R/W
'--�I
P.O.B.
7
APPROXIMATE EAST
LINE OF SECTION 12
(CREATED FROM
_
PLATTED DIMENSIONS)
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0
HATCH LEGEND
0
w
PERMANENT
R/W
I HEREBY CERTIFY THAT TO THE BEST OF MY INFORMATION, KNOWLEDGE AND BELIEF
C TERRITORIAL ENGINEERING,
THE WITHIN PLAT REPRESENTS A SURVEY ME UNDER MY SUPERVISION AND
COMPLETED ON 11-3_. CLASS -C SURVEY PER 865 LAC 25-21.5
LLC
SEE SHEET 2 OF 2 FOR SURVEYOR'S REPORT.
WALKERTON
INDIANA
VAN H. JANOVIC ROBERT S. AL01
LFCF_Nn
L.S. SO411 L.S. 20200024 INVALID UNLESS
D.R. - DEED RECORD—BOOK/PAGE
❑ - WOOD STAKE
EMBOSS SEALED
F P FOUND
O - IRON BOLT
S SET
EDP - EDGE OF PAVEMENT
RECORDED
R/W — RIGHT OF WAY
P = PLATTED
JR
OHL m OVERHEAD LINES
IA = MEASURED
i .. POWER POLE
C CALCULATED—X---X--
EXISTING FENCE
* d DIMENSION NOI TO SCALE
P.O.B. POINT OF BEGINNING
O = RAILROAD SPIKE
P.O.C. — POINT OF COMMENCING
d IRON ROD
_ MONUMENT
O IRON PIPE
J11f v NAIL
DATE:
JOB NO.:
FILE:
2004
SHEET 1 of V
1 1 —22-04
04121 A
SECTION
RIGHT--OF-WAY
PLAT OF SURVEY 7A
Exhibit "A" for 0
SOUTH BEND DENTAL CENTER PARTNERSHIP LLC
SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST
PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA
McKINLEY AVENUE (40' R/W)
(N89'34'41 "E)
SOUTH BEND MAC, L.P.
DOC,#9750650
SOUTH BEND DENTAL
CENTER
PARTNERSHIP LLC
DOCA 0245292
PARCEL 7A
0.0046 ACRES±
NORTH LINE
SOUTH BEND
DENTAL CENTER
PARCEL
N89'34'41 "E
5.00'(C)
N00'32'03"
40.00'(C)
PROPOSED
TEMPORARY R/W
PROPOSED
SOUTH LINE
SOUTH BEND
DENTAL CENTER
PARCEL
SCALE 1" = 20'
`— 25.00'(C)
1'.0.13.
S89'34'41 "W 7A
5.00'(C)
SOUTH BEND MAC, L.P.
DOC.#9750650
Z2
0
0
O
P.O.C.
NE CORNER LOT 16
KLINGLE & MAYR'S
SUBDIVISION
EXISTING RIW
I
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P.O.B. APPROXIMATE EAST
7 LINE OF SECTION 12
(CREATED FROM
PLATTED DIMENSIONS)
� I
cv) I
N
Q
O
� I
W
a
EAST LINE
l
KLINGLE do MAYR"S
SUBDIVISION
OF OUTLOT NO. 12
W
CO
HATCH LEGEND
0
W
PER
R/W
I HEREBY CERTIFY THAT TO THE BEST OF MY INFORMATION. KNOWLEDGE AND DELIEF
C TERRITORIAL ENGINEERING,
THE WITHIN PLAT REPRESENTS A SURVEY MADE UNDER MY SUPERVISION AND
LLC
COMPLETED ON 11-3-04 . CLASS � SURVEY PER 065 AC 25--21.5
F—
SEE SHEET 2 OF 2 FOR SURVEYOR'S REPORT.
WALKERTON
INDIANA
VAN H. JANOVIC ROBERT S. ALOI
I_FGFND
L.S. S0�411 L.S. 20200024 INVALID UNLESS
D.R. = DEED RECORD—BOOK/PACE
❑ — WOOD STAKE
EMBOSS SEALED
p ,a FOUND
0 — IRON BOLT
S a SET
EDP a EDGE OF PAVEMENT
a RECORDED
R/W RIGHT OF WAY
PPLATTED
JMR
OHI. a OVERHEAD LINES
= MEASURED
A - POWER POLE
C a CALCULATED —X—X—
EXISTING FENCE
* w DIMENSION NOT TO SCALE
P.O.B. m POINT OF BEGINNING
(0 = RAILROAD SPIKE
P.O.C. POINT OF COMMENCING
=IRON ROD
A = MONUMENT
p =IRON PIPE
o NAIL
JOB NO.:
FILE:
` ZL�DATE:
2004
SHEET 1 OF/ 3
1 1-22-04
04121 A
SECTION
SURVEYOR'S REPORT
FOR
SOUTH BEND DENTAL CENTER PARTNERSHIP, LLC (PARCELS& 7A
THE PURPOSE OF THIS SURVEY IS TO DETERMINE AN AREA FOR PERMANENT
AND/OR TEMPORARY EASEMENT AS PART OF EDDY, COLFAX, AND LASALLE
INTERSECTION IMPROVEMENTS PROJECT No. HES-9971 ON STATE ROAD 23 (EDDY
STREET).
THE EAST RIGHT-OF-WAY OF EDDY STREET NORTH OF LASALLE STREET WAS
ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE CORNERS OF
PARCELS DESCRIBED IN DEED DOCUMENT #9608937 AND DEED DOCUMENT
#8729658. THIS LINE WAS THEN EXTENDED SOUTH PAST COLFAX AVENUE.
ADDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED DOCUMENT
#9750386, DEED RECORD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED
RECORD 680, PAGE 216 WERE USED IN ESTABLISHING THE REMAINING EAST
RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALLE STREET.
THE WEST RIGHT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO
THE EAST RIGHT-OF-WAY OF EDDY STREET AT PLATTED DIMENSIONS NORTH OF
LASALLE STREET. THIS LINE WAS THEN EXTENDED SOUTH OF COLFAX AVENUE
AND WAS IN RELATIVE AGREEMENT WITH MONUMENTS FOUND ON THE EAST
LINE OF LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST
ADDITION TO LOWELL (PLAT BOOK T, PAGE 236).
THE SOUTH RIGHT-OF-WAY OF MCKINLEY AVENUE, WEST OF EDDY STREET WAS
ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE NORTHWEST
CORNER OF LOT 12 AND THE NORTHWEST CORNER OF LOT 14 OF THE RECORDED
PLAT OF KLINGEL & MAYR'S SUBDIVISION OF LOT NO, 12 OF SAMUEL L.
COTTRELL'S FIRST ADDITION (PLAT BOOK 4, PAGE 12).
THE NORTH AND SOUTII LINES OF TIIE SOUTH BEND DENTAL CENTER PARCEL
WERE ESTABLISHED AT RECORDED DISTANCES FROM THE EXISTING SOUTH
RIGHT-OF-WAY LINE OF MCKINLEY AVENUE,
THE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISHED FROM PRELIMINARY
INDIANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE
INTERSECTION IMPROVEMENT DRAWINGS (PROJECT No. HES-9971).
THE DEGREE OF UNCERTAINTY IS AS FOLLOWS:
THEORETICAL - 0.5 (CLASS "C" SURVEY)
TITLE - NONE
MONUMENTATION - THE EAST LINE OF SECTION 12, TOWNSHIP 37 NORTH,
RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN
WAS NOT DETERMINED FOR THIS SURVEY DUE TO A
LACK OF SECTION CORNER INFORMATION.
MONUMENTS USED IN ESTABLISHING RIGHT-OF-WAY
LOCATIONS VARY FROM PLATTED AND RECORDED
DIMENSIONS BY AS MUCH AS 1.811 NORTIVSOUTH AND
1.3'± EAST/WEST.
POSSESSION - NONE
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
NOVEMBER 22, 2004
04-121A
SHEET 2 OFZ.�
PROPOSED DESCRIPTION
FOR
SOUTH BEND DENTAL CENTER PARTNERSHT LLC PARCEL 7A
TEMPORARY RIGHT-OF-WAY
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 12,
TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN IN
PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTIC-
ULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 16, AS SHOWN ON THE
RECORDED PLAT OF KLINGLE & MAYR'S SUBDIVISION OF OUT LOT NO. 12 (PLAT
BOOK 4, PAGE 12) OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL, NOW
A PART OF THE CITY OF SOUTH BEND, INDIANA; THENCE SOUTH 00°32'03"EAST
(BASIS OF BEARINGS) ON THE EAST LINE OF KLINGLE & MAYR'S SUBDIVISION OF
OUTLOT 12, A DISTANCE OF 80.00 FEET TO THE SOUTHEAST CORNER OF A
PARCEL OF LAND CONVEYED TO THE SOUTH BEND DENTAL CENTER
PARTNERSHIP, LLC IN DOCUMENT #0245292 AS FOUND IN THE OFFICE OF THE ST.
JOSEPH COUNTY RECORDER; THENCE SOUTH 89°34'41" WEST ON THE SOUTH LINE
OF THE DENTAL CENTER PARCEL, A DISTANCE OF 25.00 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 89°34'41" WEST ON SAID SOUTH LINE, A DISTANCE
OF 5.00 FEET; THENCE NORTH 00°32'03" WEST, A DISTANCE OF 40.00 FEET TO THE
NORTH LINE OF THE DENTAL CENTER PARCEL; THENCE NORTH 89°34'41" EAST
ON SAID NORTH LINE, A DISTANCE OF 5.00 FEET; THENCE SOUTH 00°32'03" EAST,
A DISTANCE OF 40.00 FEET; TO THE POINT OF BEGINNING.
PARCEL CONTAINS 0.0046 ACRES MORE OR LESS.
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
04-121A
NOVEMBER 22, 2004
SHEETXOF k
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