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HomeMy WebLinkAbout#3134- Deed; TEMPORARY EASEMENT AGREEMENT SW Quarter of Section 25, Township 37 North, Range 2 East, Centre Township - 104-024i 6 ?_ 2006 temp;>rar,, Fawmem \greement LO r NO SUB' Advance Stores Compan%, Inc. Ireland Road Description! S'' Qu,3rter Of Section _'i, T(mm hip Nor—Th. Range 2 East. Centre fot%riship - IU4-0'4 ir1 �`�nt�. t r'4711k C Ik f I ' �1�{kiiipf- i , �r� ,i � 'i5fi{'(►���y J�� f ; � � ' ` r�,�{� Il rt"'} t {is � i C f I �'fe ,4 i.• � �..�.. tyy�Y��'<`��� 4�[h Sj{ 1,-rt,Yk tvA + •,� tS�f+ �. ��it± } 'Tfli VO � All �tif �,7irIf�It,.r- 3�'h�,•,{�,� t r � � 'fy " �x� �h• rr�l�t'1F�irj 1J 1� � ._ r � . h,�!krf� kjS��v �'���' �ix )(r�E3��'rl � �f• �: �Fp �. • ��� � a f r �I�i lithj�r�r 4.t'tii.�..+4rK,df r j�, (.CV' .:1• .� t x . r ti � ,,"'Yr �T , ) �•�`r ''d !I��t r 7{ •1 'rrp � ` _ �lyl�fl {lIy. ( ' r k a ��. jj • I %, ' �� ��� ,�'�pj/}� j � ` r s�� r �,� '$r` ��( � ��y,.s ����Jr�j�f'Ie� ,� tir /, Y � '�� . Y� r I T��f� :• � 51 !'' �� � ,i ; � ' ! �° �. r;;�'!��"� jC���{ � �' '; r, r r�tl�iy'�yr � ' � rt4j�,���. � ,� tJ.x[���}. f `��3���,�p,,3 •IlC�`�ri r r .'�fe.�d�f# f:,{� ��`r; .t � I ,t. J !���1' ��� �^�:'������ f�4(r��uJ� %'' .!/r '���r � �i� f �i��r� �tdt '�J)tr f���•:i t r, ;'7:;, �•�?�°''� :1, 4�''�� � ,f r�� ��j ���%n�lr � ! �' �l/ y r � • >��� �� , � � � r II�J.,ilkf��jc;y}J� �'. �r>+�(,+�li,�, p �>!/ � � •f �Ir '� `r � 1�%r r1'��('�l�vr' �P EA r!.. � - i rf�J{th/�f'P r ! :i'r. 4��3 i ��� r [}I• r � J 1 • ;' jj.� /�.. r j:. l � , i -lyS � Ikt� rr• I rl {( j � �_ r, f ! _ �0 ,, ' � ' r�/ q L,,� � � t �i � � � r r 1 i f r' � kS ! � r I fr k Vj ,S� rlr+ ✓ o ij�' r i {frl 't �,�'' ! f �.11W �f •, !�'1 i '1 '; %i.J•��{�rd�ifJ lyJ+f P,��v7� �l 'J',• ,- ,r,t.."� �.I,�i�,�Yr1,�4,s?f!1 PROJECT: STP-9971(053) PARCEL: 5 REC FEE: PAGES: 4 TEMPORARY EASEMENT RECORDED AS PRESENTED ON 06/22/2006 03:00:52PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER $18. 00 �6 563-7 RECORDED AS PRESENTED ON /16/2006 12:36:27PH TER J. R ARE ST. J COUNTY ER EC FEE: .00 PAGES: 4 AGREEMENT THIS INDENTURE WITNESSETH, THAT Advance Stores Company, Incorporated, d/b/a Advance Auto Parts, of Roanoke County, in the State of Virginia , CONVEY(S) A TEMPORARY EASEMENT TO THE CITY OF SOUTH BEND, STATE OF INDIANA for and in consideration of one dollar (S 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. This temporary easement shall be effective to the extent the Grantor has the authority to grant such rights to the Grantee, but shall, in any case, be superior to any possessory or leasehold interest the Grantor may have in the above -described real estate as long as such temporary right of way is in effect. 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/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 ,radin and/or walk constriction 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 gradin and/or nd/or walk constriction 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. In conducting the above -referenced improvements, the Grantee shall provide access at all times to the Grantor's business operating on the property subject to the same lease as the real estate described at Exhibit A. Grantee shall further be responsible for and shall indemnify, defend and save harmless the Grantor from all claims, suits, actions, damages and costs arising out of any and all damage or injury to person(s) life or property due to acts of negligence or willful misconduct of Grantee, its subcontractors, agents, or employees in constructing the above -referenced improvements on the real estate described at Exhibit A; provided that such indemnity shall not apply to any claim, suit or action brought by the owner of the real estate or arising out of the negligence or willful misconduct of Grantor or its employees. The undersigned person executing this agreement represents and certifies on behalf of the Grantor, that he 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. Page 1 of 2 Dated this ) L111-- day of 73'u ti'A_ 12006. ZAdy-�nc Store Com n Inco orated By..-- (Sig �Mq-'.Af- L. _w v ���� (PS� ��s►ems$ �sz��I� (Printed Name and Title) STATE OF VIRGINIA ) ) SS: COUNTY OF ROANOKE ) Before me, the undersigned, a Notary Public in and for said County and State, this iW day of u,,£ , 2006, personally appeared i mnn.' e L. w d2 the of Advance Stores Company, Inca orated d/b/a Advance Auto Paris, aq 0ioged the execution of the foregoing instrument. Witness my hand and notarial sea . l^1�-- rL'� ' n �/' ✓ r'w My�W70n Expires: S U" 3L-), a0c)1 0- Notary Public County of Residence This instrument prepared by: Shawn E. Peterson, Attorney at Law Page 2 of 2 OF./66/2000 07.15 FAX p 002/005 PARCEL*: 5L AREA PERMMiENT "(FES): N/A. OWNOVRECORD REFERENCE -- PROJECT #: STP-9971(053) DES N: 0101I83 AREA PERMANENT EASEMENT: NIA WILLIAM R. DOBSLAW ROAD: WCEUGANST, AAEA7EMPORARYA/W: 0.0191AC. P.O. SOX 4399 COUNTr. ST. JOSEPH SOUTH BENO, IN 46634 SECTION: 25 TOWNSHIP. CENTRE DOC.# 9734186 RANGE: 2E HATCH LEGEND PERMANENT R/W (FEE) PERMANENT EASEMENT TEMPORARY R/W IRELAND ROAD N8740'50"E (LINE "S-11--A") O'32'38 "W • 13 '�' U Q 14 `�' 0 0 5 SO1'54'41 "E 2 224 3000 9-40' N87'40'50"E 146.54' S87.40'50'W 102.&7 8 N86'361 742 AI..DI IRELAND ROAD MINOR I DOCUMENT # 0053486 LOT 1 POINT LINE STATION OFFSET NORTHING FASTING 2024 S11A 12+47.48 40.00' Rt. 10722.7243 10199,5809 3000 S11A 13+94.02 40.00' Rt. 10728.6548 10345.9995 3002 S11A 134-93.96 49.40' Rt; 10719.2639 10346,3130 742 SI1A 13+50 45.00' Rt., 10721.$771 10302.2128 2025 1 S11A 1 12+47.33 45.00' Rtj 10717.7221 110199.62841 SCALE: 1"=30' TERRITORL ENGINEERING, LLC VAN H. JANOVIC WALKS TON IND~ LS. Sc LOT 2 No. ° 20200024 STAn OF .,�i _170 ROBERT S. ALOI INVALID UNLESS L.S. 20200024 EMBOSS SEALED 08,/M/2000 07:15 FAX ©003100.5 PROPOSED DESCRIPTION PARCEL 5L-TEMPORARY RIGHT-OF-WAY FOR LAWN GRADING A TEMPORARY RIGHT-OF-WAY PARCEL LOCATED IN THE SOUTHWEST 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 87040'50" EAST ON THE NORTH LINE OF THE SOUTHWEST 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 CONTINUING NORTH 87°40'50" EAST ON SAID LINE "S-11-A", A DISTANCE OF 247.48 FEET; THENCE SOUTH 02°19'10" EAST, A DISTANCE OF 40.00 FEET TO A POINT (2024) BEING THE POINT OF BERG; THENCE NORTH 87°40'50" EAST, A DISTANCE OF 146.54 FEET TO THE EAST LINE OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT 4 9734186; THENCE SOUTH 01°54'41" EAST ON SAID EAST LINE A DISTANCE OF 9.40 FEET; THENCE NORTH 86°36'32" WEST, A DISTANCE OF 44.18 FEET; THENCE SOUTH 87040'50" WEST A DISTANCE OF 102.67 FEET TO THE WEST LINE OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT 4 9734186; THENCE NORTH 00°32'38" WEST ON SAID WEST LINE, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0191 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA MAY 15, 2006 04-151.02 SHEET 2 OF 2 n 11' (D�f�rr� PROJECT: STP-9971(053) '2�66�7 RECORDED AS PRESENTED ON 06/16/2006 12:36:27PM TERRI J. RETHLAXE ST. JOSEPH COUNTY RECORDER PARCEL: 5 REC FEE: $17. 00 PAGES: 4 TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT Advance Stores Company, Inco orated d/b/a Advance Auto Parts, of Roanoke County, in the State of Virginia , 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. This temporary easement shall be effective to the extent the Grantor has the authority to grant such rights to the Grantee, but shall, in any case, be superior to any possessory or leasehold interest the Grantor may have in the above -described real estate as long as such temporary right of way is in effect. 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/or walk construction and/or curb installation and will revert to the gantor(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. In conducting the above -referenced improvements, the Grantee shall provide access at all times to the Grantor's business operating on the property subject to the same lease as the real estate described at Exhibit A. Grantee shall further be responsible for and shall indemnify, defend and save harmless the Grantor from all claims, suits, actions, damages and costs arising out of any and all damage or injury to person(s) life or property due to acts ofnegligence or willful misconduct of Grantee, its subcontractors, agents, or employees in constructing the above -referenced improvements on the real estate described at Exhibit A; provided that such indemnity shall not apply to any claim, suit or action brought by the owner of the real estate or arising out of the negligence or willful misconduct of Grantor or its employees. The undersigned person executing this agreement represents and certifies on behalf of the Grantor, that he 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. Page I of 2 PROJECT: STP-9971(053) 06t5>E,3-7 RECORDED AS PRESENTED ON 06/16/2006 12:36:27PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER PARCEL: 5 REC FEE: $17.00 PAGES: 4 TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT Advance Stores Com an Inco orated d/b/a Advance Auto Parts, of Roanoke County, in the State of Virginia , 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. This temporary easement shall be effective to the extent the Grantor has the authority to grant such rights to the Grantee, but shall, in any case, be superior to any possessory or leasehold interest the Grantor may have in the above -described real estate as long as such temporary right of way is in effect. The above -described right of way is temporary right of way for the purposes of constructing a driveway for service to the antor'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 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. In conducting the above -referenced improvements, the Grantee shall provide access at all times to the Grantor's business operating on the property subject to the same lease as the real estate described at Exhibit A. Grantee shall further be responsible for and shall indemnify, defend and save harmless the Grantor from all claims, suits, actions, damages and costs arising out of any and all damage or injury to person(s) life or property due to acts of negligence or willful misconduct of Grantee, its subcontractors, agents, or employees in constructing the above -referenced improvements on the real estate described at Exhibit A; provided that such indemnity shall not apply to any claim, suit or action brought by the owner of the real estate or arising out ofthe negligence or willful misconduct of Grantor or its employees. The undersigned person executing this agreement represents and certifies on behalf of the Grantor, that he 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. Page 1 of 2 Dated this �1 day of �a , 2006. Ads nc Stores ComDliiv, Incorporated By (Sign0�ur ( (� (Printed Name and Title) STATE OF VIRGINIA ) ) SS: COUNTY OF ROANOKE ) Before me, the undersigned, a Notary Public in and for said County and State, this i0k day of 2006, personally appeared TI rnrw_l L. (-Jody , the of Advance Stores Company, IncoEporated, d/b/a Advance Auto Parts, and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal, (SEAL) My Commission Expires: s U, 3O, 000-� - `- Notary Public County of Residence This instrument prepared by: Shawn E. Peterson, Attorney at Law Page 2 of 2 t f 08/06/2000 07:15 FAX (�j004/005 PARCEL #: 5K AREA PERMANENT R/W (FEE): 0.0336 Ac. OWNER/RECORD REFERENCE: PROJECT #: STP-9971(053) DES#: 010=S3 AREA PERMANENT EASEMENT N/A WILLIAM R. DOBSLAW ROAD: MTCFUGANST. AREA TEMPORARY R/W. N/A P.O. BOX 4399 COUNrr: ST.JOSEFE SOUTH BEND, 1N 46634 SECTION: 25 TOWNSHIP: CENTRE O. 4186 RANGE: 2E DC # 973 N00'32'38"W 10.00' a LOT 1 ik, 10 (� S67-40 50"W Q 146.54" P 'Nor Q{Ci�J` 3aoo It SO1'54'41 "E 10.00' 10 FOOT WIDE EASEMENT FOR THE LIMITED PURPOSE OF INSTALLATION, MAINTENANCE, REPAIR AND REPLACEMENT OF ROAD AND SIDEWALK IMPROVEMENTS AND THE RIGH TO INSTALL, REPAIR AND MAINTAIN PUBLIC UTILITY FACILITIES. (ALDI IRELAND ROAD MINOR OECD DOCUMENT # 0053486) I LOT 2 0 00 ma a > p p rn C z m �a CLn v _h 300i d POINT LINE STATION OFFSET NORTHING FASTING 3000 "S11A" 13+94.02 40.00 Rt. 10728.6548 10345.9996 2026 "S11A" 12+47.48 40.00 Rt. 10722.7243 10199,5609 3001 "S11A" 13+94.09 30.00 Rt. 10738.6495 10345.6660 2027 "S11A" 12+47.79 1 30.00 Rt, 10732.7286 10199.4859 SCALE: lm=50' HATCH LEGEND PERMANENT R/W (FEE) PERMANENT EASEMENT TEMPORARY R/W NO. 2Q200024 STATE OF41 ' TERRITORIAL ENGINEERING, s , 2006 LLC VAN H. JANOVIC ROBERT S. ALOI INVALID UNLESS WA XEFrT(:) J WOIANA L.S. SO411 L.S. 20200024 EMBOSS SEALED 08/06/2000 07.15 FAX F6 005/005 PROPOSED DESCRIPTION PARCEL 5K-PERMANENT RIGHT-OF-WAY A PERMANENT RIGHT-OF-WAY PARCEL LOCATED IN THE SOUTHWEST 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: COMMBNCJNG AT THE WEST QUARTER CORNER OF SECTION 25, AS EVIDENCED BY AN ALUMINUM SECTION CORNER MARKER; THENCE NORTH 87"40'50" EAST ON THE NORTH LINE OF THE SOUTHWEST 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); ''X"HENCE CONTINUING NORTH 87040'50" EAST ON SAID LINE "S-11-A", A DISTANCE OF 247.79 FEET; THENCE SOUTH 02°1910" EAST, A DISTANCE OF 30.00 FEET TO A POINT (2027) ON THE SOUTHERLY RIGHT-OF-WAY OF IRELAND ROAD BEING THE POINT OF BEGINNING: THENCE NORTH 87040'50" EAST ON SAID RIGHT-OF-WAY, A DISTANCE OF 146.30 FEET TO THE EAST LINE OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT # 9734186; THENCE SOUTH 01 °54'41" EAST ON SAID EAST LINE, A DISTANCE OF 10.00 FEET; THENCE SOUTH 87°40'50" WEST A DISTANCE OF 146.54 FEET TO THE WEST LINE OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT # 9734186; THENCE NORTH 00°32'38" WEST ON SAID WEST LINE, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0336 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA MAY 15, 2006 04-151.02 SHEET 2 OF 2