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Home My WebLink About#3143- Deed; TEMPORARY EASEMENT AGREEMENT NW Quarter of Section 25, Township 37 North, Range 2 East, Centre Township - 104-02431 3 6/14/2006 Temporary Easement Agreement i i LOT NO. SUB: Pizza Hut of America, Inc. Ireland Road Description: NW Quarter of Section 25, Township 37 North, Range 2 East, Centre Township - 104-024 I i i 12) EES. 2-- !E!i 1 2 1 RECORDED AS PRESENTED ON c-�tJ (��rd 6 r PROJECT: STP-9971(053) PARCEL: 9A 06/14/2006 10:22:44AM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $17.00 PAGES: 4 TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT Pizza Hut of America Inc. a Delaware corporation, formerly Golden Bear Family Restaurants Inc. an Illinois —corporation , of Jefferson County, in the State of Kentucky—, 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) ate properly 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 gradinga_nd//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 out or removed from said granted temporary easement by the City of South Bend, through its authorized representatives during said construction. The undersigned person(s) executing this agreement represent(s) and certify(certifies) on behalf of the Grantor, that (each of) 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 this day of March 006 - �• Pizza Hut of America Inc. a Delaware cor oration B (Signature) Melanie A. Bootes Attorney —in —Fact 'Tinted Name and Title) Pagel of 2 STATE OFKENTUCKY ) ) SS: COUNTY OF JEFFERSON ) Before me, the undersigned, a Notary Public in and for said County and State, this, day of March. 2006 Xkn personally appeared 4 1,f} T � o;; nl EY >'!v FA CT of Pizza Hut of America, Inc., a Delaware corporation formerly Golden Bear Family Restaurants, Inc., an Illinois corporation , and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal. ;� A Cpr*errt.i5sion Expires: Ii�'.,. 2006 Notary Public Jefferson County of Residence This instrument prepared by: John R. Livingston, Assistant City Attorney Page 2 of 2 Exhibit "A" PROPOSED DESCRIPTION PARCEL 9A - TEMPORARY RIGHT-OF-WAY FOR LAWN GRADING 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, STJOSEPH 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 87 040'50" 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 CONTINUING NORTH 87°40'50" EAST ON LINE "S-11-A" PER I.N.D.O.T. ROAD PLANS STP-997I(053) A DISTANCE OF 571.09 FEET; THENCE NORTH 02 ° 19' 10" WEST A DISTANCE OF 40.00 FEET TO A POINT (759) ON THE NORTHERLY RIGHT-OF-WAY OF IRELAND ROAD, BEING THE POINT OF BEGINNING; THENCE NORTH 00028'50" WEST ON THE WEST LINE OF THE PARCEL OF LAND DESCRIBED IN DEED BOOK 798, PAGE 114, A DISTANCE OF 25.01 FEET; THENCE NORTH 87°40'50" EAST A DISTANCE OF 171.80 FEET TO THE EAST LINE OF THE PARCEL OF LAND DESCRIBED IN DEED BOOK 798, PAGE 113; THENCE SOUTH 00 ° 5 I' 14" EAST ON SAID EAST LINE, A DISTANCE OF 25.01 FEET TO THE NORTHERLY RIGHT-OF-WAY OF IRELAND ROAD; THENCE SOUTH 87°40'50" WEST ON SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 171.97 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0987 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA OCTOBER 7, 2005 04-151 SHEET 1 OFX PARCEL- #� 9A AREA PERMANENT R/W (FEE); N/A OWNER/RECORD REFERENCE: Pl ZZA Fq,OJ,ECT �; " -STP-9971(053) DES #1:0101 I83 AREA PERMANENT EASEMENT: N/A P. O . C-G �- i�EA— �/'l/1J 10 - ROAD:: NUCHIGANST. AREA TEMPORARY R/W: 0.0997Ac. F,OX R1�TAt9 �s-FidCjq/YIFsf;/C COUNTY: S T. JOSEPII ' 31,55o 4 /Ne . SECTION: 25 FAT P4?f��P�%T Irl fi[105�i TOWNSHIP: CENTRE LO U15V 1 LGEI KY Tf 0� �� RANGE: 28 BOOK 798. PAGES 113-116 761 MEYERS and FUNK' S 'rH RD PLAT of CHIPPEWA HEIGHTS (P AT BOOK 10, PAGE 176) 163 GOLDEI4 BEAR FAMILY RESTAURANT, INC BOOK 798, PAGE 114 rel 587' 40' 50"W :m 171.97' �NOO'28'50"W 759 IRELAND ROAD 25.01 N87'40'50"E (LINE "S-11--A ) 16 -+- 0 0 POINT LINE STATION OFFSET NORTHING FASTING 753 S11A 17+43.06 .40.00' Lt. 10B22.714B 10691.5093 759 S 1 1 A 15+71,09 40.00' Lt. 10815-7552 10519.6831 760 S11A 17+43.70 65.00' Ltj 10847.7202 10691.1366 761 S11A 15+71.B9 65.00' Lt. 10840.7672 10519.4733 HATCH LEGEND PERMANENT R/W (FEE) PERMANENT EASLMENT l TEMPORARY R/W }, r7 J 164 Q cn co 760 x o` 0 0 m 17+00 SCALE: 1 "=30' V!�r �/ - SO0'51 " 4-"E 25.01' �tt�11111 I I I l l f !1!1// S. .� O •Ots�� O� N a•. o. 20200024 51711T-. C)E' fl �1f� � �lrr►Siii lii�+ ��`�\\` TERRITORIAL ENGINEERING, �— LLC G VAN ` JANOVIC ROBERT S. AL01 WALKERTON INDIANA L.S. S0411 L.S. 20200024 la /7 / 2005 INVALID UNLESS EMBOSS SEALED