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Home My WebLink About#3140- Deed; TEMPORARY EASEMENT AGREEMENT SW Quarter of Section 25, Township 37 North, Range 2 East, Centre Township - 104-0241 3C 6/15/2C Temporary i;asem LOT NO. SUB Aldi (Indiana)L.P. Ireland Road Description: Townshi SW Quarter of Section 25, 1 Township - 104-024 RECORDED AS PRESENTED ON 06/15/2006 11:28:29AM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $25. 00 PAGES: 8 PROJECT: STP-9971(053) PARCEL: 7, 7A & 7C TEMPORARY EASEMENT AGREEMENT T1711S INDENTURE WITNESSETH, THAT Aldi Indiana L-P.. an Indiana limited artnershi of Porter, 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 sole le Tote undersigned grantol(s), being dulsworn, °nfu leer rlat lie (she, they) is epresent{) that thereaa<e no leases 01, options of any above -described property, and said grantor(s) kind or character on said lands as conveyed. The above -described right of way is temporary right of way for the purposes of constructin¢ a driveway for service to the raptor's s' rivate ro er and/o!• la coralading and/or walk ietion of said project, or twenty�fo !�(24) b wn g snsta latioln and will revert to the grantor(s) upon the p months after granting said temporary right of way, whichever or construct sooner. aid drivelwavland/or lawer n grading and/or that this conveyance transfers only the r►lght to walk construction and/or curb installation on said lands and to use any material lying within the above- il described limits suitable for use n co�nd doe-lictsnst,lnotf consaiy eylany ghtstolany minerals or others bstances construction and/or curb installatioll 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 front said granted temporary easement by the City of South Bend, through its authorized representatives during said construction. The undersigned person executing this agreement empowered represents owered and by proper resolues that tion or other action f the General Partner of the Grantor and has been y P Grantor to execute and deliver this agreement, and all other such instruments of transfer, for and on behalf ing in le where of the Grantor; that the Grantor is a real lest to is situin ate; dthat the IGra Grantor hasof tfuli legal cain pacity to required, in the State where the subject convey the real estate described; and elundersinecessary ned person execupng this agreement further rn for the making of epresents and conveyance has been duly taken. The g certifies that the undersigned is the Manage of a AldiL,LIIC 'tonexec to and deliver thiss been agreement, ag ernpowered and all proper resolution or the by-laws of AIdI (Indiana) for and on behalf of Aldi (Indiana) L.L.C. as the General Partner of the other such instruments of transfer, Grantor, and that all necessary action fordoing so has been duly taken. Grant day of �- , 2006. Dated this y Aldi (Indiana) L.P., an Indiana limited partnership By: Aldi (Indiana) L.L.C., Its General Partner B (Signature) Michael J. Jessen Its Mana er (Printed Name and Title) page I of 2 STATE OF INDIANA ) ) SS: COUNTY OF PORTER ) U Before me, the undersigned, a Notary Public in and for said County and State, this day of �� , 2006, personally appeared Michael J. Jessen Manager ofAldi (Indiana L.L.C., General Partner of AIdi (IndianaiLL P., an Indiana limited partnership and acknowledged the execution of the foregoing instrument. Witness my hand and (SEAL) My Commission Expires: Notary Put4le State of Indiana Notary Public Porter county County of Residence lrOmmiaglon[[.Erea 04J49l20}I This instrument prepared by: Shawn E. Peterson, Attorney at Law Page 2 of 2 Exhibit "A" PROPOSED DESCRIPTION PARCEL 7-TEMPORARY RIGHT-OF-WAY FOR DRIVE CONSTRUCTION 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-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 CONTINUING NORTH 87°40'50" EAST ON SAID LINE "S-11-A", A DISTANCE OF 405.00 FEET; THENCE SOUTH 02°19'10" EAST, A DISTANCE OF 40.00 FEET TO A POINT (3003) BEING THE POINT OF BEGINNING; THENCE NORTH 87°40'50" EAST, A DISTANCE OF 60.00 FEET; THENCE SOUTH 02019'10" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 87°40'50" WEST A DISTANCE OF 60.00 FEET; THENCE NORTH 02°19' 10" WEST, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 0.0344 ACRES MORE OR LES TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA MAY 15, 2006 04-151.02 SHEET/ OF,2 1 6 PARCEL #: 7 AREA PERMANENT R/W (FEE): N/A OWNER/RECORD REFERENCE: PROJECT#. STP-9971(053) DES#:0I01183 AREA PERMANENT EASEMENT: N/A ALDI (INDIANA) L.P. #34R ROAD: MICHIGAN ST. AREA TEMPORARY R/W: 0.0344 Ac. P.O. SOX 1398 COUNTY: ST. ?0S> PH' VALPARAISO, IN 46384 SECTION: 25 TOWNSHIP: CENTRE DOC. #0043232 RANGE: 2E HATCH LEGEND PERMANENT R/W f (FEE) PERMANENT ., EASEMENT LOT 1 N87-40'50"E (LINE "S-11—A") 14 + 0 0 IRELAND ROAD S87' 40' 50"W ALDI IRELAND ROAD MINOR DOCUMENT # 0053486 LOT 2 POINT LINE STATION OFFSET NORTHING FASTING 3003 S11A 14+05 40.00' RL 10729.0989 10356.9654 3004 S11A 14+05 65.00' Rt. 10704.1194 10357.9772 747 S 1 1 A 14+65 40.00' Rt. 10731.5272 10416.9163 748 1 S11A 14+65 65.00' Rt. 10706.5476 10417.9280 747 748 TEMPORARY R/W . GxS No. ,3 20200024 ; STATE OFZZ �1 ''1�1111I I I1111 TERRITORIAL ENGINEERING, LLC VAN H. JANOVIC ROBERT S. ALOI WA..KEFITON IND" L.S. SO411 L.S. 20200024 7 NAFT 2 i� G L- SCALE: 1. "-20' S 151 2006 INVALID UNLESS EMBOSS SEALED PROPOSED DESCRIPTION PARCEL 7A-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-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 CONTINUING NORTH 87°40'50" EAST ON SAID LINE "S-11-A", A DISTANCE OF 465.00 FEET; THENCE SOUTH 02°19'10" EAST, A DISTANCE OF 40.00 FEET TO A POINT (747) BEING THE POINT OF BEGINNING; THENCE NORTH 87°40'50" EAST, A DISTANCE OF 232.45 FEET TO THE WESTERLY RIGHT-OF-WAY OF ST. JOSEPH STREET; THENCE SOUTH 00020'51" EAST ON SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 15.01 FEET; THENCE SOUTH 87°40'50" WEST, A DISTANCE OF 231.93 FEET; THENCE NORTH 02°19'10" WEST, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0800 ACRES MORE OR LESSCA*r- TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA MAY 15, 2006 04-151.02 SHEETx OF .2 3 6 PARCEL #: 7A AREA PERMANENT R/W (FEE): N/A OWNER/RECORD REFERENCE: PROJECT #: STP-9971(053) DES #. 0101183 AREA PERMANENT EASEMENT: N/A ALDI (INDIANA) L.P. #34R ROAD: MICHIGAN ST. AREA TEMPORARY R/W: 0.0800 Ac. P.O. BOX 1398 25 SECTION: 25 COUNTY: �OSEPIJ VALPARAISO, IN 46384 TOWNSHIP: CENTRE RANGE: 2E DOC. #0043232 HATCH LEGEND PERMANENT R/W (FEE) PERMANENT EASEMENT ' %•' TEMPORARY R/W m IRELAND ROAD N87'40'50"E (LINE "S-11-A") SOO'20'51 "E 16 + O Q C3O05 15.01 ' 747 N87'40'50"E 232.45' \\\ \\ \\\\ \\\ \\ S87 40 50 W 231.93 749 3006 w w N 02' 19' 10 "W 15.00' co ALDI IRELAND ROAD MINOR = DOCUMENT # 0053486 w LOT 2 POINT LINE STATION OFFSET NORTHING EASTING 747 S 1 1 A 14+65 40.00' Rt. 10731.5272 10416.9163 749 S11A 14+65 55,00' Rt, 10716.5394 10417.5233 3005 Si 1 A 16+97.45 40,00' Rt. 10740.9345 10649.1758 3006 S11A 1 16+96.93 55.00' Rt., 10725.9259 110649.26681 6 1 �. p" '01 ��` O� G s T �1p�r0�% �I t No. `s 20200024 i STATL VI- ' f TERRITORIAL ENGINEERING, �— LLC �►� 2006 .5PEE-7- Ll 0,C4 PROPOSED DESCRIPTION PARCEL 7C-TEMPORARY RIGHT-OF-WAY FOR LAWN GRADING <f!g:- 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-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 CONTINUING NORTH 87°40'50" EAST ON SAID LINE "S-11-A", A DISTANCE OF 394.02 FEET; THENCE SOUTH 02°19' 10" EAST, A DISTANCE OF 40.00 FEET TO A POINT (3000) BEING THE POINT OF BEGINNING; THENCE NORTH 87°40' 50" EAST, A DISTANCE OF 10.97 FEET; THENCE SOUTH 02019' 10" EAST, A DISTANCE OF 10.50 FEET; THENCE NORTH 86036'32" WEST, A DISTANCE OF 11.10 FEET TO THE WEST LINE OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT # 0043232; THENCE NORTH 01054'41" WEST ON SAID WEST LINE, A DISTANCE OF 9.40 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0025 ACRES MORE OR LES� TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA MAY 15, 2006 04-151.02 SHEETxOF 2' 5 6 PARCEL #: '7C AREA PERMANENT R/W (FEE): 1+)/A OWNER/RECORD REFERENCE: PROJECT #: STP-997] (053) DES #: 0101183 AREA PERMANENT EASEMENT: N/A ALDI (INDIANA) L.P. #34R ROAD: MICIMAN ST. AREA TEMPORARY R/W: 0.0025 Ac. P.O. BOX 1398 COUNTY: ST. SOSEPIiv VALPARAISO, IN 46384 SECTION: 25 TOWNSHIP: CENTRE RANGE:DOC, #0043232 N87'40'50"E (LINE "S-1 1-A 14+00 N 87' 40' 50"E 10.97' NO1'54'41"W�fL 9.40' 3002 S02' 19' 10"E 10.50' Ell HATCH LEGEND PERMANENT R/W (FEE) PERMANENT EASEMENT TEMPORARY R/W IRELAND ROAD N86'36'32"W 11.10' ALDI IRELAND ROAD MINOR DOCUMENT # 0053486 LOT 1 POINT LINE STATION OFFSET NORTHING EASTING 3000 S11A 13+94.02 40.00' Rt. 10728.6548 10345.9996 3002 S11A 13+93.96 49.40' Rt. 10719.2639 10346.3130 30031 S 1 1 A 14+05 40.00' Rt., 10729.0989 10356.9654 130081 S11A 1 14+05 50.50' Rt.1 10718.6075 110357.39041 LOT 2 T ..8'.., o, • ax z TT or�� No. t 20200024 STATE OF TERRITORIAL ENGINEERING, LLC VAN H. JANOVIC ROBERT S. ALOI WAL.KEKTON 1NDIA NA L.S. S041 1 L.S. 20200024 ,5#EET i OF 9 SCALE: 1 "� 20 * 5/ 1 5 Z 2006 INVALID UNLESS EMBOSS SEALED