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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