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HomeMy WebLinkAbout#3155- Deed; AGREEMENT FOR THE PURPOSE OF TEMPORARY RIGHT OF ENTRY SW Quarter of Section 25, Township 37 North, Range 2 East, Centre Township - 104-024G 3 6/ 1 12006 ! Agreement for the Purpose of Temporary Right of Entry LOT NO. SUB: Board of Park Commissioners Michigan Street Description: SW Quarter of Section 25, Township 37 North, Range 2 East, Centre Township - 104-024 �fv� AGREEMENT FOR THE PURPOSE OF , , �`0 TEMPORARY RIGHT Or ENTRY fcweh2 A The undersigned, the President of the Board of Park Commissioners of the City of South Bend, Indiana (the "Park Board"), on behalf of the Park Board which is believed to be the Owner of the real estate described below, gives, to the extent it has, the right, privilege and authority for the Purpose of Temporary Right of Entry to the City of South Bend, Indiana and its employees, contractors, subcontractors and agents onto and/or across said real estate for the purpose: Purpose of Entry: To make improvements along Michigan Street, including roadwork and landscaping. Property Description: See Exhibit A. Furthermore, in consideration of the improvements being made on said property, the undersigned does hereby agree to jointly and severally release and hold the City of South Bend harmless from all suits, claims or proceedings of any kind as a result of this agreement. This right of entry shall last until the later of November I, 2006 or the completion of the improvements. CITY OF SOUTH BEND, INDIANA BOARp-W PARK COMMISSIONERS By: Printed: ATTEST r Title: k 1 6 Date: oil, Executive Secretary STATE OF INDIANA ) )SS: COUNTY OF ST. JOSEPH ) H Before me, a Notary Public in and for said County and State, personally appeared �s A , the President of the Board of Park Commissioners of the City of South Bend, Indian , and executed the Agreement for the Purpose of Temporary Right of Entry on behalf of said Board, as his voluntary act and deed this day of December, 2005. , rP . L n ; , Not Public Residing in St. Joseph ounty, Ind. My Commission Expires: a -7 This Instrument Prepared by Shawn E. Peterson, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601 C:\DOCUME-i\CWAUGAMA\LOCALS-11Temp\Agreement forTempommy Right ofway(Parcel22A)v2.doc a EXHIBIT A 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 87°40'50" 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 NORTH 03050'29" EAST ON SAID LINE "A" A DISTANCE OF 897.90 FEET; THENCE SOUTH 86°09'31" EAST A DISTANCE OF 50.00 FEET TO A POINT (624) ON THE EASTERLY RIGHT-OF-WAY OF MICHIGAN STREET (U.S. 31), BEING THE POINT OF BEGINNING; THENCE NORTH 03050'29" EAST ON SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 50.00 FEET; THENCE SOUTH 86009'31" EAST A DISTANCE OF 15.00 FEET; THENCE SOUTH 03050'29" WEST A DISTANCE OF 50.00 FEET; THENCE NORTH 86°09'31" WEST A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0172 ACRES MORE OR LESS. CADOCUME—I\CWAUGAMA\LOCALS--1\Temp\Agreement for Temporary Right of Way(Parcel 22A)v2.doc x G9 O 0 p " :v m Ct] N �.� r�ro � ro � zo 0 r� 2: +qC t77 l�D m rV 8 .A p a �