HomeMy WebLinkAbout#3145- Deed; TEMPORARY EASEMENT AGREEMENT SW Quarter of Section 25, Township 37 North, Range 2 East, Centre Township - 104-0241 l;
3//2
6/106
Temporary Easement Agreement
LOT NO
SUB:
B&H. Inc.
Michigan Street
Description:
SW Quarter of'Section 25. Township 37 North, Range 2 East,
Centre Township - ] 04-024
Q1C�a!E; 1 28
RECORDED AS PRESENTED ON
06/14/2006 10:30:34AM
TERRi J. RETHLAKE
ST. JOSEPH COUNTY
/J RECORDER
w oaf S REC FEE: $17.00
PAGES: 4
PROJECT: STP-997] (053)
PARCEL: 4A
TEMPORARY EASEMENT AGREEMENT
TUTS INDENTURE WITNESSETH, THAT B & H, 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 rantor's s' rivate property and/or lawn radin and/or walk construction and/or curb
installation and wiil 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.
The undersigned persons) executing this agreement represent(s) and certify(certifies) on behalf of the
Grantor, that (each 00 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 malting of this conveyance has been duly taken.
Dated this day of2e95.
�006
B & 1-1Inc. T
ROYA.BUSKIfiK
B Alien County
My commission Expires
March 13, 2009
(Signature)
Barbara Court President
(Printed Name and Title)
Page I of 2
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, the unders•gned, a Notary Public in and for said County and State, this dayof
personally appeared Barbara Court President of B & H
Inc. �o06 ,and acknowledged the
execution of the foregoing instrument. Witness my hand and notarial seal.
My Commission Expires:
Notary P is
County o Residence
This instrument prepared by: John R. Livingston, Assistant City Attorney
ROY A. BUSKIRK
"'^�■�
AIlanCounty
5 `
�
My Commission Expiros
Marcht3,2009
Page 2 of 2
STATE OF INDIANA }
) SS:
COUNTY OF ST. JOSEPH )
Before me, the under 'fined, a Notary Public in and for said County and State, this �---GG
i985 day of
personally appeared Barbara Court President of B & H
inc. �oo� ,and acknowledged the
execution of the foregoing instrument. Witness my hand and nolarial seal.
My Commission Expires:
Notary P is
County o Residence
This instrument prepared by: John R. Livingston, Assistant City Attorney
ROY A. BUSKIRK
^075E'`
Allen County
My Commission Expires
March 13, 2009
Page 2 of 2
Exhibit "A»
PROPOSED DESCRIPTION
PARCEL 4A-TEMPORARY RIGHT-OF-WAY CURB INSTALLATION
A TEMPORARY RIGHT-OF-WAY PARCEL LOCATED IN TIIE 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 9'7 0 40' 50" EAST ON THE NORTH LINE OF THE SOUTHWEST QUARTER
OF SECTION 25, ALSO BEING LINE "S-1I-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 SOUTH 04 ' 05'29" .WEST ON SAID LINE "A", A
DISTANCE OF 267.13 FEET; THENCE NORTH 85 ° 54'31" WEST A DISTANCE OF
65.00 FEET TO A POINT (508) BEING THE POINT OF BEGINNING; THENCE
SOUTH 04 0 05'29" WEST A DISTANCE OF 30.19 FEET TO TIIE SOUTH LINE OF
THE PARCEL OF LAND DESCRIBED IN DEED DOCUMENT #0039452; THENCE
SOUTH 87036'04" WEST ON SAID SOUTH LINE A DISTANCE OF 5.03 FEET;
THENCE NORTH 04 0 05'29" EAST A DISTANCE OF 30.19 FEET TO THE NORTH
LINE OF THE PARCEL OF LAND DESCRIBED IN DEED DOCUMENT 40039452;
THENCE NORTH 87036'04" EAST ON SAID NORTH LINE A DISTANCE OF 5.03
FEET TO TI4E POINT OF BEGINNING.
PARCEL CONTAINS 0.0035 ACRES MORE OR LESS_
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIAN.A
OCTOBER 7, 2005
04-151
SHEET 1 OFX
PARCEL #: 4A AREA PERMANENT R/W (FEE): N/A OWNER/RECORD REFERENCE:
`PROJEC`# . S1I' 9971(053) DE5 # 0101183 AREA PERMANENT EASEMENT: N/A 8 & H INC.
FkbAD: NUCIEGAN ST. AREA TEMPORARY R/W: 0.0035 Ac, 114 W. IRELAND RD.
COUNTY: ST.JOSEPII SOUTH BEND, IN 46614
SECTION: 25
TOWNSHIP: CENTRE DOC.# 0039452
RAN GE: 2E
cd
u
r �
0
1
0
m
LINE
STATION
OFFSET
NORTHING
EASTING
"A"
1041+49.77
60.00' Lt.
10460.3869
9869.6184
"A"
F
1041 +79.97
60.00' Lt.
10490.5025
9871.7725
"A"
1041 +49.20
65.00' Lt.
10460.1762
9864..5905
"A"'
104 1 +79.40
65.00' it
10490.2919
9866.7446
SCALE: 1 "=10'
HATCH LEGEND
PERMANENT R/W
(FEE)
PERMANENT
EASEMENT
TEMPORARY R/W
F<
Lu
_z
J
�L♦
0
0
z
NO,RT I I SI ►rV ,�r���
No.
20200024 =
1 STATE F
11 f I U111110 N
_TERRITORIAL ENGINEERING,
LLC 2005
�— VAN H. JANOVIC ROBERT S. ALOI INVALID UNLESS
WALKEFITON INDIANA L.S. SO411 L.S. 20200024 EMBOSS SEALED