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HomeMy WebLinkAbout#3149- Deed; TEMPORARY EASEMENT AGREEMENT SW Quarter of Section 25, Township 37 North, Range 2 East, Centre Township - 104-024i 6/13472006 Temporary Easement Agreement , LOT NO. SUB: National City Bank of Indiana Michigan Street Description: SW Quarter of Section 25, Town Centre Township - I04-024 ship 37 North, Range 2 East, �'q (7)625 126 RECORDED AS PRESENTED ON PROJECT: STP-9971(053) PARCEL: 6A & 6B 06/14/2006 10:28:32AM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $21. 00 PAGES: 6 TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT National Cijy Bank of Indiana successor in interest to Valley American Bank and Trust Com an an Indiana corporation of Marion 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) its (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 arantor's s' rivate ro er 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 radn 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 �gradina 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 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 Sate 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; that National City Bank of Indiana has duly acquired, or is otherwise a successor in interest to, Valley American Bank and Trust Company, formerly an Indiana corporation with its principal office in St. Joseph County, Indiana; and that all necessary corporate action for the making of this conveyance has been duly taken. I affirm under the penalties for perjury that the foregoing representations are true and correct to the best of my knowledge. f�- ���-P�-- , Dated this >I f day of2006., / National Citv Bank of Indiana By — (Signatu James C. Hall Vice President (Printed Name and Title) Page I of 2 I? 1z) E6 � ffD- Jt e. RECORDED AS PRESENTED ON 06/14/2006 10:28:32AM ST. J. REC HLAKE I �DDfJ ST. JOSEPH COUNTY / RECORDER REC FEE: $21. 00 PAGES: 6 PROJECT: STP-9971(053) PARCEL: 6A & 6B TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT National Ct Bank of Indiana successor in interest to Valley American Bank and Trust Company, an Indiana corporation of Marion 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 r 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'private property and/or lawn rading 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. 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 Sate 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; that National City Bank of Indiana has duly acquired, or is otherwise a successor in interest to, Valley American Bank and Trust Company, formerly an Indiana corporation with its principal office i❑ St. Joseph County, Indiana; and that all necessary corporate action for the making of this conveyance has been duly taken. I affirm under the penalties for perjury that the foregoing representations are true and correct to the best of my knowledge. Dated this ��' day of 2006. National City Bank of Indiana BV (Signatu James C. Hall Vice President (Printed Name and Title) Page I of 2 ray STATE OF 1NDIANA ) SS: COUNTY OF the undersigned, a Notary Public in and for said County and State, this DTI- day of 2006, personally appeared James C. Hall Vice President an In-- diana Company , and acknowledged the .eXecrltion ofthe foregoing instrument. Witness my hand and notarial seal. �.L) .-, , >\9V~Conlmission Expires: - e 1 �7�7 �- 0, Notary Iblic /-1 y 1%j A trdo� County of Residence This instrument prepared by: Shawn E. Peterson, Attorney at Law Page 2 of 2 f PARCEL #- GA ,PFO]ECT k STP-9971(053) ROAD: Mli HMGAN ST, COUNTY: ST. JOSBI'II SECTION: 25 TOWNSHIP: CENTRE RANGE: 2E DES #: 0101183 AREA PERMANENT R/W (EEE);T' ru N/A — OWNER/RECORD REFERENCE: AREA PERMANENT EASEMENT: N/A VALLEY NALAMEcjlY BANK CAN DANK Or INDIANA, COtk/a AREA TEMPORARY R/W: 0.0069 AC. C/0 SUSAN SCHEU P.O. BOX 328 SOUTH BEND, IN 46524 DOC.# 8501009 r— i A Kin ROAD Exhibit "A„ HAM I LEGEND PERMANENT R/W (FEE) PERMANENT EASEMENT PROPOSED DESCRIPTION PARCEL 6A-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 TIIE SECOND PRINCIPAL MERIDIAN, CENTER 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 87 '40'50" EAST ON THE NORTH LINE OF TIIE 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 SOUTH 04 ° 05'29" WEST ON SAID LINE "A", A DISTANCE OF 207.10 FEET; THENCE NORTH 85'54'31" WEST, A DISTANCE OF 60.00 FEET TO A POINT (800), BEING TIIE POINT OF BEGINNING; THENCE SOUTH 04 ° 05'29" WEST, A DISTANCE OF 60.03 FEET TO TIIE SOUTH LINE OF TIIE PARCEL OF LAND DESCRIBED IN DEED DOCUMENT #8501009; THENCE SOUTH 87036'04" WEST ON SAID SOUTH LINE, A DISTANCE OF 5.03 FEET. THENCE NORTH 04 ° 05'29" EAST, A DISTANCE OF 60.60 FEET; THENCE SOUTH 85054'31" EAST, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0069 ACRES N40RE OR LESS. TERRITORIAL ENGINEERING. LLC WALKERTON, INDIANA OCTOBER 7, 2005 04-151 SHEET I OFA' q l _ - — - - - VAN H. JANOVIG KUbtXJ J. ALUI INVAU UNLCJ,7 WALKERTON INDIANA � JLI L.S. SO411 L.S. 20200024 EMBOSS SEALED PARCEL fj GA AREA PERMANENT R/W (m): N/A OWNER/RECORD REFERENCE: fF-OJECT IV. STP-9971(053) DES M 0101183 AREA PERMANENT EASEMENT: NIA NATIONAL CITY BANK Of INDIANA, f/k/a ROAD: MICHiGAN ST. AREA TEMPORARY R/W: 0.0069 AC. VALLEY AMERICAN BANK AND TRUST COMPANY COUNTY: s1r. JOSBPII C/O SUSAN SCHEU P.O. BOX 328 SECTION: 25 TOWNSHIP; CENTI2L' SOUTII BEND, IN 16524 RANGE: 2E DOC.# 8501009 L11 LtUtNt) (FEE) ENT ME E!J T R/W F- w DIN 11llli lfllvNq�� No. )200024 iT I-T: or .�� W0111r1lt,114t1��' ,os TERRITORIAL ENGINEERTNCT, LLC _ 1 2005 r � VAN H. JANOVIC ROBERT S. ALOI INVALID UNLESS WAIJCERTON INWNA L.S. SO411 L.S. 20200024 EMBOSS SEALED PARC'1I,k:R.` 611 P 7.SJECT # S'111-9971(053) ROAD: 119CFIIGAN ST, COUNTY: ST. JOSEPH SECTION: 25 TOWNSHIP: CENTRE RANGE: 2E DES k. 0101183 AREA PERMANENT R/W (tP4 ;i,.1 AREA PERMANENT EASEMENT: N/A NATIONAL CITY BANK OF IND", !/k/a AREA TEMPORARY R/W: 0.0136 AC. VALLEY AMERICAN BANK AND TRUSS COMPANY C/O SUSAN SCHEU P.O. BOX 328 SOUTH BEND, IN 46624 DOC.# 8501009 - .�...-tea.. �---»--•""'^"" IRE -AND ROAD HATCH LEGEND PERMANENT R/W (FEE) PERMANENT �; ; ; ,• EASEMENT TEMPORARY R/W M --. *An'7R"C . PROPOSED DESCRIPTION PARCEL 613-TEMPORARY RIGHT-OF-WAY FOR CURB INSTALLATION 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, CENTER TOWNSHIP, ST.JOSEPH COUNTY, IND.IANA 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 TIIE NORTII LINE OF TIIE 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 SOUTH 04 ° 05'29" WEST ON SAID LINE "A", A DISTANCE OF 90.09 FEET; THENCE NORTH 85054'31" WEST A DISTANCE OF 50.00 FEET TO A POINT (509) ON THE WESTERLY RIGHT-OF-WAY OF MICHIGAN STREET (U.S. 31), BEING THE POINT OF BEGINNING; THENCE SOUTH 04005'29" WEST ON SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 117.01 FEET; THENCE NORTH 85 °54'31" WEST A DISTANCE OF 5.00 FEET; THENCE NORTH 04 ° 05'29" EAST A DISTANCE OF I20.58 FEET TO TIIE WESTERLY RIGHT-OF-WAY OF MICIIIGAN STREET (U.S. 31); THENCE SOUTH 50 ° 19'28" EAST ON SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 6.15 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0136 ACRES MORE OR LESS. TERRITORIAL ENGINEERING. LLC WALKERTON, INDIANA OCTOBER 7, 2005 04-151 SHEETX OF ,1- PARCHL9:,,' 611 AREA PERMANENT R/W (FEE):A N/A OWNER/RECORD REFERENCE: t WJO A S11?-9971(053) DES k 0101183 AREA PERMANENT EASEMENT: N/A NATIONAL CITY BANK OF INDW A, f/k/a ROAD: NUCFIIGAN sT. AREA TEMPORARY R/W: 0.0136 AC, VALLEY AMERICAN BANK AND TRUST COMPANY COUNTY: ST. JOSBPfi C/O P.O.USAN BOX 328EU SECTION: 25 SOUTH BEND, IN 46624 TOWNSHIP: CENTRE+ RANGE: 2E DOC.# 8501009 POINT LINE STATION OFFSET NORTHING FASTING 509 "A" 10434-57.01 60.00' Lt. 10667.0911 9584.4034 800 "A" 1042+40 60-00' Lt. 10550.3841 9876.0557 801 "A" 1042+40 65.00' Lt. 10550.7408 9871.0584 802 "A" 1043+60.58 65.00' Lt. 10671.0162 9879.6714 �f ERRITORIAL ENGINEERM LLC INDIANA I VAN L.S. 5041t�J1' '28"E U HATCH LEGEND PERMANENT R/W (FEE) PERMANENT BASEMENT TEMPORARY R/W W o.i �7 + cyD C q�q F- `� C:) Co W z iV N Lo O Z CD 0 0 SCALE: 1 "=30' No. � ?020002�4 STAR:' Of fill �j vet. /v 2005 ROBERT 5, ALOI L.S. 20200024 INVALID UNLESS EMBOSS SEALED �o 0o (J ,a 2 cs O o 00 l N - - - om O O 4P P-4 N N + -n1 -7 C) O Q a .A. �� V O Ln Oo Qn p o0 0 o o o 0 o T o 0 0 o m C-t frr T T T O O O O Z — O Cn U'i C;) O rl O J z L7 nt Ncli �~ (p (D (D (D 71 m w W w m z to 0 -P-��� G�Lj I ` in o e w b Q 5" O Ln a D ta V)O rri p V) Ul 1042+00 N04'05'29"F (L1Ni "A"} 1 Qd +oo MICHAN Krrl 0 'a > D DX m _ ma mrn r� T z m z D O m p p yy D = * 0 - > z a`m En 0 01 Q W m m m D D p -4 -0 -0 m m m � 3 3 > m m < --4 -4 Ln m.. m m m Z m