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HomeMy WebLinkAbout#3157- Deed; AGREEMENT FOR THE PURPOSE OF TEMPORARY RIGHT OF ENTRY SW Quarter of Section 25, Township 37 North, Range 2 East, Centre Township - 104-02430/7 6/14/2006 Agreement for the Purpose of Temporary Right of Entry LOT NO. SUB: Board of Park Con-,missioners Michigan Street i Description: SW Quarter of Se;tion 25, Township 37 North, Range 2 East, Centre Township : 104-024 ,, CoPY AGREEMENT FOR THE PURPOSE OF TEMPORARY RIGHT OF ENTRY 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 properly, 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 1, 2006 or the completion of the improvements.. ATTEST L-1�1&14z__ Executive Secretary STATE OF INDIANA ) )SS: COUNTY OF ST. JOSEPH ) CITY OF SOUTH BEND, INDIANA BOARD F PARK CO MISIONERS By: Printed: "� �— +� ►� � h Title: Date: �i °1 j D c —� Before e, a Notary Public in and for said County and State, personally appeared k , 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,-20— day of December, 2005. My Commission Expires: e--% I / /";, ,;;� —s , N ary Public Residing in 5t. Jose County, Ind. This Instrument Prepared by Shawn E. Peterson, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601 C:IDOCUME--ISCWAUCAM AILOCALS-I%Temp\Agreement for Temporary Right of Way(Parcel 22)v2.docv2 EXHIBIT A A TEMPORARY RIGHT-OF-WAY PARCEL LOCATED IN THE NORTHWEST 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-i 1-A" PER LN.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 03 050'29" EAST ON SAID LINE "A" A DISTANCE OF 732.06 FEET; THENCE SOUTH 86°09'31" EAST A DISTANCE OF 50.00 FEET TO A POINT (622) ON THE EASTERLY RIGHT-OF-WAY OF MICHIGAN STREET (U.S. 31), BEING THE POINT OF BEGINNING; THENCE NORTH 03°50'29" EAST ON SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 165.84 FEET; THENCE SOUTH 86009.31" EAST A DISTANCE OF I0.00 FEET; THENCE SOUTH 03050'29" WEST A DISTANCE OF 164.80 FEET TO TI3E NORTHERLY RIGHT-OF- WAY OF WALTER STREET; THENCE SOUTH 87055'49 WEST ON SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 10.05 FEET TO THE POINT OF BEGINNING. C WOCUME—IICWAUGAMA\LOCALS-11Temp\Agreement for Temporary Riglil of Way(Parcel 22)v2.docv2 U] H @ rn IT M . � CT1 Cn y7 x}� H Fp i tt n Ln tv m tri CD �r @ � za ® O �rrl W tx �:u t7l n O m t7 C=7 t:7 a LR t7l In ta7 --3 t7l i� COUNTY FORM 170 DECLARATION This form is to be signed by the preparer of a document and recorded with each document in accordance with IC 36-2-7.5-5(a). 1, the undersigned preparer of the attached document, in accordance with IC 36-2-7.5, do hereby affirm under the penalties of perjury: y: true. 1. I have reviewed the attached document for the purpose of identifying and, to the extent permitted by law, redacting all Social Security numbers. 2. 1 have redacted, to the extent permitted by law, each Social Security number in the attached document. 1, the undersigned, affirm under penalties of perjury, that the foregoing declarations are Signature of Declarant -'S� 44e"�nli Printed Name of Declarant