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HomeMy WebLinkAbout#3150- Deed; TEMPORARY EASEMENT AGREEMENT SW Quarter of Section 25, Township 37 North, Range 2 East, Centre Township - 104-024i 3 V01 6/ 14/2006 'Temporary Easement Agreement LOT NO. SUB: Borders, Lori & Steven/Jeskar, Inc. Michigan Street Description: SW Quarter of Section 25, Township 37 North, Range 2 East, Centre Township - 104-024 tD6aS 1 ;:---,+ RECORDED AS PRESENTED ON 06/14/2006 10:25:07AM TERR1 J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $19.00 PAGES: 5 PROJECT: STP-9971(053) PARCEL: 16A I CA -)a (C TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT Lori D. Borders a/lda Lorraine D. Borders and Steven P. Borders and with contract bu ei•'s interest ()Illy,Jeskar, Inc. an Indiana corporation being over the age of eighteen (18) years, of St. Joseph County, in the State of Indiana , CONVEY(S) A TEMPORARY EASEMENT TO THE CITY OF SOUTH BEND, STATE OF WDIANA 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') private proper ty and/or lawn grading and/or walk construction and/or curb installation and will revert to the grantors) upon the completion of said project. It is further understood and agreed that this conveyance transfers on ly the right to make or construct said drivewa and/or lawn F—rading 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. - 2?,�,� Dated this — day of y Page 1 of 3 J r (Signat Lori D. Borders (Printed Name) (Signature) Steven P. Borders (Printed Name) P ROY A. f3U5KfRK Allen County STATE OF IIVDIANA ) _'' , e`ti'' �Y :. S S: My Commission Expires COUNTY OF ST. JOSEPH ) March ts, 2009^ �. Before me, the undersigned, a Notary Public in and for said County and State, this day of Ll� '7 ocn,4� , 2e65—,personally appeared Lori D. Borders a/k/a Lorraine D. Borders and Steven P. Borders , being over the age of eighteen (18). and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal. My Commission Expires: Page 2 of 3 Notai ublic County of Residence 0 The undersigned person executing this agreement represents and certifies on behalf of Jeskar, Inc., an Indiana corporation, that the undersigned is a duly elected officer of Jeskar, Inc., an Indiana corporation and has been fully empowered by proper resolution, or the by-laws of Jeskar, Ine., an Indiana corporation, to execute and deliver this agreement; that Jeskar, tile., an Indiana corporation 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 Jeskar, Inc., an Indiana corporation has full corporate capacity to convey the real estate described; and that alJ necessary corporate action for the malting ofthis conveyance has been duly taken. Contract Buyer's Interest Only Jeskar e. an Indiana cor o ti B (Signature) Gerald A. Karkiewicz President (Printed Name and Title) STATE OF INDIANA } ) SS: COUNTY OF ST. JOSEPH ) v*.'^ "•• ROY A- BUSKIRK Alen County ;.j.• s� t My Commission Expires March 13,2009 Before me, the� undersigned, a Notary Public in and for said County and State, this 1 day of 296`fpersonal;y appeared Gerald A. Karkiewicz. President of Jeskar, Inc. an Indiana corporation Contract Buyers Interest On] , being over the age of eighteen (18), and acknowledged the execution ofthe foregoing instrument. Witness my hand and notarial seal. My Commission Expires: " - - Xf , 1"b 12, Notary iblic County of Residence This instrument prepared by: John R. Livingston, Assistant City Attorney Page 3 of 3 e Exhibit "A" PROPOSED DESCRIPTION PARCEL 16A - TEMPORARY RIGHT-OF-WAY FOR DRIVE CONSTRUCTION A TEMPORARY RIGHT -OF --WAY PARCEL LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST OF TIIE 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 SOUTH LINE OF THE NORTHWEST 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 NORTH 03 ° 50'29" EAST ON SAID LINE "A", A DISTANCE OF 214.77 FEET; THENCE NORTH 86 ° 09'31" WEST, A DISTANCE OF 62.29 FEET TO A POINT (547), BEING THE POINT OF BEGINNING; THENCE SOUTH 87 ° 56'50" WEST, ON THE SOUTH LINE OF TIIE PARCEL OF LAND DESCRIBED IN DEED DOCUMENT 00445360, A DISTANCE OF 7.75 FEET; THENCE NORTH 03 ° 50'29" EAST, A DISTANCE OF 149.98 FEET TO THE NORTH LINE OF TIIE PARCEL OF LAND DESCRIBED IN DOCUMENT #0445360; THENCE NORTH 87 ° 55'49" EAST, ON SAID NORTH LINE, A DISTANCE OF 5.61 FEET; THENCE SOUTH 06 ° 42' 13" WEST, A DISTANCE OF 11.65 FEET; THENCE SOUTH 03 °50'29" WEST, A DISTANCE OF 130.00 FEET; THENCE SOUTH 14 ° 35'37" EAST, A DISTANCE OF 8.57 FEET TO TIIE POINT OF BEGINNING. PARCEL CONTAINS 0.0176 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WA.LKERTON, INDIANA OCTOBER 7, 2005 04-151 SHEET I OF ,Y PARCEL M. 16A PROJEZT STP-9971(053) DES M 0101183 'RbAb 1AV 11[GAN ST. COUNTY: ST.70SEP11 SECTION: 25 TOWNSHIP: CENTRE RANGE: 2L' N87'55'49"E 5.61' AREA PERMANENT R/W (FEE): N/A AREA PERMANENT EASEMENT: N/A AREA TEMPORARY R/W: 0.0176 Ac. S SO6'42'13"W 1 1.65' 59( 9 Y '11� �/ \ 558 6 X ra cd I� cwO�4 p P4 w -!!�a 7 pi J-� r� rr) ^ 9 P4`� O \ o :n z w oho Q za pq + w a' � 557 N (595 S14`35'37"E 8.57' z S87'56'50"W 7.75' 547 POINT LINE STATION OFFSET NORTHING EASTING 547 "A" 1046+61.87 62.29' Lt. 10971.1379 9902.9159 557 "A" 1046+70 65.00' Lt. 10979.4294 9900,7571 558 "A" 1048+00 65.00' Lt. 11 109.1373 9909.4661 559 "q" 1048+11.64 64.42' Lt. 11120.7075 9910.8261 595 "A" 1046+61.08 70.00' Lt. 10970.8603 9895.1705 599 "A" 104-8-1- 11.06 70.00' Lt. 11120.5048 9905.2181 OWNER/RECORD REFERENCE: LORI D. BORDRS AND STEVEN P. BORDERS 1815 ELIZABETHAN COURT SOUTH BEND, IN 46614 SCALE: i ff-jERRITORIAL ENGINEERING LLC VAN H. JANOVIC WALMRTON WDiANA L.S. SO411 ,511EEr 2 Or: DOC.# 0445360 HATCH LEGEND PERMANENT R/W (FEE} PERMANENT EASEMENT TEMPORARY R/W RT� I IS.lrriii��� NO. y 20200024 _ I. STATE OF r At tlfHlll[11 /O 2005 ROBERT S. AL01 INVALID UNLESS L.S. 20200024 EMBOSS SEALED