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Home My WebLink About#3158- Deed; TEMPORARY EASEMENT AGREEMENT SW Quarter of Section 25, Township 37 North, Range 2 East, Centre Township - 104-0243J8 6/ 1 12006 Temporary Easement Agreement LOT NO. SUB: Richards Restaurants, Inc. Chippewa Ave. Description: SW Quarter of Section 25, Township 37 North, :: s►ge 2 East, C,ntre Township - 104-024 PROJECT: STP-997](053) PARCEL: 42 216�___ ED-101 RECORDED AS PRESENTED ON 06/14/2006 10:05:40AM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: !W.00 PAGES: 4 TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETI-I, THAT Richards Restaurants, Inc., -an Indiana corporation a Of Jay 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 grantor's(s') private property 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 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 executing this agreement represents and certifies on behalf of the Grantor, that 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 � . ) "-,C day of �' _I , 2005. Richa s Re taurants. Inc. an Indiana cor oration J4 Alf ;(S/aturc) Ronald L. Milholland, Vice President (Printed Name and Title) Pagc 1 of 2 t� ROY A. BUSKIRK . No� ;. Allen County y, .;fs My Commission Expires <fi?:paT' March 13, 2009 E STATE OF INDIANA ) SS: COUNTY OF WELLS ) Before Re, the undersigned, a Notary Public in and for said County and State, this 3 day of V, 2005, personally appeared Ronald L. Milholland, Vice President fRichards Restaurant Inc. an Indiana corporation , and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal. My Commission Expires: HUY H. nuoninn p NOTTRY my Commission Expires Notary fblic March 13, 2009 County of Residence This instrument prepared by: John R. Livingston, Assistant City Attorney Page 2 of 2 Exhibit "A" PROPOSED DESCRIPTION PARCEL 42 - TEMPORARY RIGHT-OF-WAY FOR LAWN GRADING 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 87 040'50" EAST ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 25, ALSO BEING LINE "5-11-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 2640.14 FEET TO LINE "5-10-A" PER I.N.D.O.T. ROAD PLANS STP-9971(053); THENCE SOUTH 87°48'29" WEST ON SAID LINE "5-10-A" A DISTANCE OF 233.38 FEET; THENCE SOUTH 02' 11'31" EAST A DISTANCE OF 60.00 FEET TO A POINT (724) ON THE SOUTHERLY RIGHT-OF-WAY OF CHIPPEWA AVENUE, BEING TIIE POINT OF BEGINNING; THENCE SOUTH 87°48'29" WEST A DISTANCE OF 136.62 FEET; THENCE NORTH 02°11'31" WEST A DISTANCE OF 10.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF CHIPPEWA AVENUE; THENCE NORTH 87 ° 48' 29" EAST ON SAID SOUTHERLY RIGHT-OF-WAY A DISTANCE 71.22 TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 218.87 FEET, CHORD LENGTH OF 66.16 FEET, AND AN INCLUDED ANGLE OF 17 ° 23' 11' ; THENCE EASTERLY ON CURVE A DISTANCE OF 66.42 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0264 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA OCTOBER 7, 2005 04-151 SHEET I OFX 19 PARCEL # 42 AREA PERMANENT R/W (FEE): NIA OWNER/RECORD REFERENCE: P.ROIEW #n STP-9971(053) DES t 0101183 AREA PERMANENT EASEMENT: N/A RICHARA RESTAURANTS, INC. 6� D: M1C1-UGAN ST. AREA TEMPORARY R/W: 0.0264 Ac.COUT SECTIO ST.7os81'H SOUTH—BEN�M}---+6&1-4 TOWNSSECTION: C R3't/n�N_ yeaC- RANGE:NIP: 2E � g?✓� UU6. `8L 1 Al z4 CHIPPEWA AVENUE NB7'48'29"E (LINE "S--10--A") HATCH LEGEND PERMANENT R/W (FEE) PERMANENT EASEMENT TEMPORARY R/W 7 + 0 D Included angle = 17-23-11 Radius = 218.8700' Tangent length = 33.4654' Arc length = 66.4165' Chord length = 66.1619' External secant C72 Mid ordinate = 2.5437' = 2.5144' 722 Degree of curve = 26-10-41 N87'48'29" 1< 725 NO2'1 1'31 "W 10.00' 71.22' S87'48'29"W — 136,62' LOT #1 CHIPPEWA MINOR SUBDIVISION PLAY BOOK 28, PAGE C-4 POINT LINE STATION OFFSET NORTHING FASTING 722 S10A 6+30 50.00' Rt. 13322.7657 9759.7314 723 S10A 7+01.22 50.00' Rt. 13325.4926 9830.8944 724 S10A 7+66.62 60.00' Rt. 13318,0015 9896.6308 725 S1OA 6+30 60.00' Rt. 13312.7761 9760.1139 SCALE: i"=20' 724 x0Tcttsr�rf N �ti........... � � O ,.. lST� . l0 No. 20200024 STAFF Oi' 11111 TERRITORIAL ENGINEERING, ' 11 ,21 2005 LLC VA . JANOVIC ROBERT S. ALOI INVALID UNLESS jMALJCERTGN INDIANA L.S. 50411 L.S. 20200024 EMBOSS SEALED