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Home My WebLink About#3159- Deed; TEMPORARY EASEMENT AGREEMENT WARRNTY DEED Part of Lot No. 1 as the said lot is known and designated on the plat of Oakwood Villas Seciton 1, in German Township - 102-059.3 6114 06 Temporary Easement Agreement LOT NO. SUB: WhitteberryCarol. � portage Avenue Hated on the plat Description: 1the part of Lot o. IVillasas Seciton 1, ►n G rman T wnsh p - of Oakwood E! �ti 1 �c3 2J. RECORDED AS PRESENTED ON 1 06/14/2006 10:32:34AM (Cj �� TERRI J. RETHLAKE T. JOSEPH COUNTYRECORDER v REC FEE: PROJECT: STP-S270(001) PAGES: 3 PARCEL: 25 TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT Carol A. Whitteberr 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 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) private property and/or lawn gradintr 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 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 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. Dated this day of , 2005. (Signature) (Signature) Carol A. Whitteber (Printed Name) (Printed Name) STATE OF INDIANA ) <�:Ye'.. ROY A. BUSKIRK SS: ; .. • sonar . , Allen County COUNTY OF ST. JOSEPH ) `-...fiw .'� My Commission Expires �'` March 13, 2009 Beforene, the undersigned, a Notary Public in and for said County and State, this -- day of 2005, personally appeared Carol A. Whitteberry , being over the age of eighteen (18), and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal. ^ My Commission Expires: This instrument prepared by: John R. Livingston, Assistant City Attorney E.iiibit "A" PARCEL NO. 25 SURVEY SKETCH RIGHT OF WAY TAKING PORTAGE AVENUE IMPROVEMENT PROJECT TOTAL AREA QJU QF SOUTH BEND, IkjDIANA 48 S.F. OWNER(S): CAROL A. WHITTEBERRY ±0.001 ACRE MAILING ADDRESS: 2204 OAKWOOD PARK DRIVE TEMPORARY RIGHT OF WAY SOUTH BEND, INDIANA 4652$ DOCUMENT NO.: 0023098 TOTAL_ F. 448 S.F. TYPE: CORPORATE WARRANTY DEED ±0.010.ACRE RECORDING DATE: 05-15--2000 PROJECT PARCEL NO.: 25 COUNTY TAX ID NO.: 25-1004-0256.04 OAKWOOD PARK DRIVE 60' R/W TEMPORARY ROW PARCEL \ NORTHWEST ROW PARCEL 48 S.F. 448 S.F. t0.001 ACRE CORNER LOT #1 f0.010 ACRE ROW S89'47'15"E 81.05' C4 _4' INDIANA & MICHIGAN POWER COMPANY EASEMENT C3 \ Cl ct �� O �2 2 �� o Zo F = \ Az- OAKWOOD VILLAS SECTION ONE \\ DOCUMENT NO, 9428522 \ O� \9y O \O 1'4 50' INDIANA & MICHIGAN POWER COMPANY EASEMENT T \ �y��0,, O LO NUMBER DIRECTION DISTANCE L1 N31.19 51 V 31 .17' L2 S23'41'09"E 42,50' L3 N35'11'39'W 51.37' L4 N23'40'16W 28.31' L5 S23'41'09"E 18.70' NUMBER RADIUS ARC LENGTH TANGENT DELTA CHORD LENGTH CHORD DIRECTION Cl 20.00 1.85 0,93 05'1812 1.95 S87'08'09'E 0.00' 200' 8.11, 4.11' 2313'58" 8.05' S72'52'04"EC3 0 13.11' 6.80' 3733'56" 12.88' S42'28'07"E C20.00' 9.96' 5.09' 28-32.10" 9.86' S75'31'IO"E s reRFa n No. S O484 x STATE OF 0 SURyo SHEET 1 OF 2 LEGEND M-MEASURED R-RECORD SCALE' 1'=30' -RIGHT OF WAY PARCEL DATE' JUNE 10, 2004 JOB /.- 04--046 ®J TEMPORARY R/W PARCEL DRW y: R04-42-25 DRAWN RY G.C.S. ROW -RIGHT OF WAY I, the undersigned, an Indiana Registered Land Surveyor hereby certify that on the date shown, A SURVEY WA5 COMPLETED UNDER MY SUPERVISION AND TO THE BEST OF. MY KNOWLEDGE AND BELIEF THIS PLAT IS A REPRESENTATION OF SAID SURVEY. Brads—Ko Engineering & Surveying, Inc. 1009 South Ninth St. Goshen, IN 46526 Phoq 574 533--9913 Fax 574 533--9911 PARCEL NO. 25 LEGAL DESCRIPTION PORTAGE AVENUE IMPROVEMENT PROJECT OWNER(S); CAROL A. WHITTEBERRY MAILING ADDRESS: 2204 OAKWOOD PARK DRIVE SOUTH BEND, INDIANA 46628 DOCUMENT NO.: 0023098 TYPE: CORPORATE WARRANTY DEED RECORDING DATE: 05-15-2000 PROJECT PARCEL NO.: 25 COUNTY TAX ID NO.: 25-1004-0256.04 TEMPORARY RIGHT OF WAY A PART OF LOT NUMBER ONE (1) AS THE SAID LOT IS KNOWN AND DESIGNATED ON THE PLAT OF OAKWOOD VILLAS SECTION ONE, A SUBDIVISION IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA; SAID PLAT BEING RECORDED AS DOCUMENT NUMBER 9428522 IN THE RECORDS OF THE ST. JOSEPH COUNTY RECORDER'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT NUMBER ONE (1); THENCE ON AN ASSUMED SEARING OF SOUTH 89 DEGREES 47 MINUTES 15 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT NUMBER ONE (1), ALSO BEING THE SOUTH RIGHT OF WAY LINE OF OAKWOOD PARK DRIVE, A DISTANCE OF 81.05 FEET TO THE POINT OF CURVATURE OF A 20.00 FOOT RADIUS CURVE TO THE RIGHT, CONCAVE TO THE SOUTH; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT NUMBER ONE (1), ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF SAID OAKWOOD PARK DRIVE, BEING ON THE ARC OF SAID 20.00 FOOT RADIUS CURVE, A DISTANCE OF 1.85 FEET (CHORD BEARING SOUTH 87 DEGREES 08 MINUTES 09 SECONDS EAST, CHORD DISTANCE 1.85 FEET) TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT NUMBER ONE (1), ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF SAID OAKWOOD PARK DRIVE, BEING ON THE ARC OF A 20.00 FOOT RADIUS CURVE TO THE RIGHT, CONCAVE TO THE SOUTHWEST, A DISTANCE OF 8.11 FEET (CHORD BEARING SOUTH 72 DEGREES 52 MINUTES 04 SECONDS EAST, CHORD DISTANCE 8.05 FEET); THENCE SOUTH 31 DEGREES 19 MINUTES 51 SECONDS EAST, A DISTANCE OF 31.17 FEET TO THE EASTERLY LINE OF SAID LOT NUMBER ONE (1): THENCE SOUTH 23 DEGREES 41 MINUTES 09 SECONDS EAST ALONG THE EASTERLY LINE OF SAID LOT NUMBER ONE (1), ALSO BEING THE WESTERLY LINE OF THE RIGHT OF WAY OF PORTAGE AVENUE, A DISTANCE OF 42.50 FEET; THENCE NORTH 35 DEGREES 11 MINUTES 39 SECONDS WEST, A DISTANCE OF 51.37 FEET; THENCE NORTH 23 DEGREES 40 MINUTES 16 SECONDS WEST, A DISTANCE OF 28.31 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION CONTAINING 448 SQUARE FEET OR 0.010 OF AN ACRE, MORE OR LESS, BEING SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. C. S w� G S TER" �O O DATE. • JUNE 10, 2004 No. S O484 x JOB 04-046 STATE OF DRW # B04-42-25 l /AD suRq.' SHEET .92OF .S �2 Brads--Ko Engineering & Surveying, Inc. 1009 South Ninth St. Goshen, IN 46526 lww 0j Phone 574 533--9913 Fax 574 533-9911 Gregor ock, R V. reside 3] 9 6/ 14/2006 Temporary Easement Agreement(Warranty Deed TAT N0. i SUB: Whitteherry, Carol i Portage Avenue Description: part of Lot No. 1 as the said lot is known and designated on the plat of Oakwood Villas Seciton 1, in German Township - 102-059 RECORDED AS PRESENTED ON 1 06/14/2006 10:32:34AM J TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: s i5 00 PAGES: 3 PROJECT: STP-S270(001) PARCEL: 25 TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT Carol A. Whitteberry being over the age of eighteen (18) years, of St. J_osepi 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 rantor's s'private property and/or lawn gradinR 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 gradiLig 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 gradiug 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. Dated this (Signature) ay of (Signature) fL IT.� Carol A Whitteberry (Printed Name) (Printed Name) STATE OF INDIANA }rPr•., ROYA.RUSKIRK } SS: �� o ,�aY Allen County COUNTY OF ST. JOSEPH } sEn.L My Commission Expires "'foFgN:' ` March 13, 2009 Before e, the undersigned, a Notary Public in and for said County and State, this % •Z day of 2005, personally appeared Carol A. Whitteberry , being over the age of eighteen (18), and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal. n My Commission Expires: This instrument prepared by: John R. Livingston, Assistant City Attorney Exhibit "A" PARCEL NO. 4o SURVEY SKETCH PORTAGE AVENUE IMPROVEMENT PROJECT OWNER(S): CAROL A. WHiTTEBERRY MAILING ADDRESS: 2204 OAKWOOD PARK DRIVE SOUTH BEND, INDIANA 46628 DOCUMENT NO.: 0023098 TYPE: CORPORATE WARRANTY DEED RECORDING DATE: 05-15-2000 PROJECT PARCEL NO,: 25 COUNTY TAX ID NO.: 25-1004-0256.04 RIGHT OF WAY TAKING TOTAL AREA 48 S.F. f0.001 ACRE TEMPORARY RIGHT OF WAY TOTAL AREA 448 S.F. t0.010 .ACRE OAKWOOD PARK DRIVE 60' R/W TEMPORARY ROW PARCEL \ ROW PARCEL 48 S.F. NORTHWEST 448 S.F. f0.001 ACRE CORNER LOT #1 ±0.010 ACRE ROW S89.47'15•E 81.05' 4' INDIANA dt MICHIGAN POWER COMPANY EASEMENT 2 <U OAKWOOD VILLAS SECTION ONE DOCUMENT NO. 9428522 750' INDIANA & MICHIGAN POWER COMPANY EASEMENT LINE DATA NUMBER DIRECTION DISTANCE L7 N31'19 51 W 31.17' L2 S23'41'09"E 42.50' L3 N35'11'39"W 51.37' L4 N23'4O'16"W 28.31' L5 S23'41'09'E 18.70' rll`i2w nATA NUMBER RADIUS JARC LENGTH ITANGENT IDELTA ICHORD LENGTH I CHORD DRECTION Cl 20.00 1.85 0.93 05.1812" 1 1.85' I S87'08'09"E C2 20.00' 8.11' 4.11' 23'13'58" 1 8.05' I S72'52'04"E C3 20.00' 13.11' 6.80' 3733'56" 12.86' 1 S42'28'07"E C4 20.00' 9.96' 5.09' 28'32'10" 19.86. 1 S75-31.10E ..Cry vo ��G� s re��a o 4:7 No. S O484 _ STATE OF 0 SURv SHEET 1 OF 2 LEGEND M—MEASURED R—RECORD SCALE: 1 "=30' —RIGHT OF WAY PARCEL DATE: JUNE 10, 2004 JOB J: 04-046 TEMPORARY R/W PARCEL DRW J. B04-42-25 DRAWN RY G.C.S. ROW —RIGHT OF WAY I, the undersigned, on Indiana Registered Land Surveyor hereby certify that on the date shown, A SURVEY WAS COMPLETED UNDER MY SUPERVISION AND TO THE BEST OF MY KNOWLEDGE AND BELIEF THIS PLAT IS A REPRESENTATION OF SAID SURVEY. Brads—Ko Engineering & Surveying, Inc. 1009 South Ninth St. Goshen, IN 48526 PhorM 574 533-9913 Fax 574 533-9911 nt PARCEL NO. 25 LEGAL DESCRIPTION PORTAGE AVENUE IMPROVEMENT PROJECT OWNER(S): CAROL A. WHITTEBERRY MAILING ADDRESS: 2204 OAKWOOD PARK DRIVE SOUTH BEND, INDIANA 46628 DOCUMENT NO.: 0023098 TYPE: CORPORATE WARRANTY DEED RECORDING DATE: 05-15-2000 PROJECT PARCEL NO.: 25 COUNTY TAX 1D NO.: 25-1004-0256.04 TEMPORARY RIGHT OF WAY A PART OF LOT NUMBER ONE (1) AS THE SAID LOT IS KNOWN AND DESIGNATED ON THE PLAT OF OAKWOOD VILLAS SECTION ONE, A SUBDIVISION IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA; SAID PLAT BEING RECORDED AS DOCUMENT NUMBER 9428522 IN THE RECORDS OF THE ST. JOSEPH COUNTY RECORDER'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT NUMBER ONE (1); THENCE ON AN ASSUMED BEARING OF SOUTH 89 DEGREES 47 MINUTES 15 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT NUMBER ONE (1) ALSO BEING THE SOUTH RIGHT OF WAY LINE OF OAKWOOD PARK DRIVE, A DISTANCE OF 81.05 FEET TO THE POINT OF CURVATURE OF A 20.00 FOOT RADIUS CURVE TO THE RIGHT, CONCAVE TO THE SOUTH; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT NUMBER ONE (1), ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF SAID OAKWOOD PARK DRIVE, BEING ON THE ARC OF SAID 20.00 FOOT RADIUS CURVE, A DISTANCE OF 1.85 FEET (CHORD BEARING SOUTH 87 DEGREES 08 MINUTES 09 SECONDS EAST, CHORD DISTANCE 1.85 FEET) TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT NUMBER ONE (1), ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF SAID OAKWOOD PARK DRIVE, BEING ON THE ARC OF A 20.00 FOOT RADIUS CURVE TO THE RIGHT, CONCAVE TO THE SOUTHWEST, A DISTANCE OF 8.11 FEET (CHORD BEARING SOUTH 72 DEGREES 52 MINUTES 04 SECONDS EAST, CHORD DISTANCE 8.05 FEET); THENCE SOUTH 31 DEGREES 19 MINUTES 51 SECONDS EAST, A DISTANCE OF 31.17 FEET TO THE EASTERLY LINE OF SAID LOT NUMBER ONE (1); THENCE SOUTH 23 DEGREES 41 MINUTES 09 SECONDS EAST ALONG THE EASTERLY LINE OF SAID LOT NUMBER ONE (1), ALSO BEING THE WESTERLY LINE OF THE RIGHT OF WAY OF PORTAGE AVENUE, A DISTANCE OF 42.50 FEET; THENCE NORTH 35 DEGREES 11 MINUTES 39 SECONDS WEST, A DISTANCE OF 51.37 FEET; THENCE NORTH 23 DEGREES 40 MINUTES 16 SECONDS WEST, A DISTANCE OF 28.31 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION CONTAINING 448 SQUARE FEET OR 0.010 OF AN ACRE, MORE OR LESS, BEING SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. No. S O484 x STATE OF 'IQ SHEET 2�2OF Z -2 DATE.- JUNE 10, 2004 JOB f: 04-046 DRW #: B04-42-25 Brads-Ko Engineering & Surveying, Inc. 0- 1009 South Ninth St. Goshen, IN 46526 Gregor ock, Phone 574 533-9913 Fax 574 533-9911 co rres R. L.: lent 04 PJS5823-7 RECORDED AS PRESENTED ON .�ul'ot lJi,!-UiT Date'_12^Z PROJECT: STP-S270(001) PARCEL: 25 WARRANTY DEED 12/20/2005 03:36:35PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC. FEE: $18.00 PAGES: 3 THIS INDENTURE WITNESSETI-1, THAT Carol A. Whitteberry being over the age of eighteen (IS) years, of St. Joseph County, in the State of Indiana , CONVEY(S) AND WARRANT(S) 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 Comity, Indiana, to -wit: Exhibit "A" attached hereto and made a part hereof Grantor(s) herein agree(s) to pay all real estate taxes and assessments levied or assessed against the above - designated real estate prior to the date of this deed. Grantor(s) hereby convey(s) the above -described real estate free and clear of all leases, licenses, or other interests, both legal and equitable, and all encumbrances of any kind or character. This document shall constitute a conveyance of the above -described real estate (excepting any parcels specifically designated as easements or as temporary right-of-ways) in fee simple and not merely for right- of-way purposes, and no reversionary rights whatsoever are intended to remain in the Grantor(s). Dated this /1_-CLr day of , 2005. (Sign re) (Signature) Carol A Whitteberry (Printed Name) STATE OF 1NDIANA ) ) SS: COUNTY OF ST. JOSEPH ) (Printed Name) m ROYA.BUSKIRK :,`ors[°g•., ` Allen Counry My Commission Expires March 13, 2009 Belke me, the undersigned, a Notary Public in and for said County and State, this day of 2005, personally appeared Carol A. Whitteberry , being over the age of eighteen (18), and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal. My Commission Expires: Notary P lic County of Residence This instrument prepared by: John R. Livingston, Assistant City Attorney Exhibit "A" PARCEL NO. 25 SI3RVLY SKETCH PROJECT CITY OF -SOUTH BEND. INDIANA OWNER(S): CAROL A. WH17EBERRY MAILING ADDRESS: 2204 OAKWOOD PARK DRIVE SOUTH SEND, INDIANA 46628 DOCUMENT NO.: 0023098 TYPE: CORPORATE WARRANTY DEED RECORDING DATE: 05-15-2000 PROJECT PARCEL NO.: 25 COUNTY TAX ID NO.: 25-1004-0256.04 OAKWOOD PARK DRIVE 60' R/W TEMPORARY ROW PARCEL NORTHWEST 448 S.F. CORNER LOT #1 ±0.010 ACRE RQW� — S89'47'15'E 81.05' C4 4' INDIANA k MICHIGAN POWER COMPANY EASEMENT I} Cl , 2 OAKWOOD VILLAS SECTION ONE DOCUMENT NO. 9428522 l50' INDIANA & MICHIGAN POWER COMPANY EASEMENT LINE DATA NUMBER DIRECTION DISTANCE L7 N31'19'51'W 31.17' L2 S23'41'09"E 42.50' LJ N35'11'39"W 51.37' L4 N23'40' 16 W 28.31' L5 S23'41'09"E 18.70' CURVF DATA { RIGHT OF WAY TAKING TQTALAREA 48 S.F. t0.001 ACRE TEMPORARY RIGHT OF WAY TOTAL AREA 448 S.F. t0.010 .ACRE F.U.B.\ ROW PARCEL 48 S.F. f0.001 ACRE NUMBER RADIUS ARC LENGTH TANGENT DELTA CHORD LENGTH CHORD DIRECTION C1 20.00 1.85 0.93' 05'1812' 1.85' SB7'08'09"E C2 20.00' mil 4.11' 23'13'58" 8.05' S72'52'04"E C3 To. 00' 13.11" 6.80' 3733'56" 12.68' S42'28'07"E C4 20.00' 9.96' 5.09' 28'32'10" 9.86' S75-31.10"E C. S s G, S TED No. S O484 x = STATE OF sully SHEET 1 OF 2 LEGEND M-MEASURED R-RECORD SCALE;1'�3p' DATE• JUNE 10, 20p4 R[GHT OF WAY PARCEL JOB }:0448 DR7Y ,y: B04 -42-25 ®- TEMPORARY R W PARCEL DRAWN BY G.C.S. ROW —RIGHT OF WAY I, the undersigned, an Indiana Registered Land Surveyor hereby certify that on the date shown, A SURVEY WA3 COMPLETED UNDER MY SUPERVISION AND TO THE BEST OF MY KNOWLEDGE AND BELIEF THIS PLAT IS A REPRESENTATION OF SAID SURVEY. Brads-Ko Engineering & Surveying, Inc. 1009 South Ninth St. Goshen, IN 46526 Phon-0 574 533-9913 Fax 574 533-9911 gor ent 4 ' PARCEL NO. 25 LEGAL DESCRIPTION RIGHT OF WAY TAKING PORTAGE AVENUE M RO PROJECT OWNER(S): CAROL A. WHITTE13ERRY MAILING ADDRESS: 2204 OAKWOOD PARK DRIVE SOUTH BEND, INDIANA 46628 DOCUMENT NO.: 0023098 TYPE: CORPORATE WARRANTY DEED RECORDING DATE: 05-15-2000 PROJECT PARCEL NO.: 25 COUNTY TAX ID NO.: 25-1004-0256.04 A PART OF LOT NUMBER ONE (1) AS THE SAID LOT IS KNOWN AND DESIGNATED ON THE PLAT OF OAKWOOD VILLAS SECTION ONE, A SUBDIVISION IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA; SAID PLAT BEING RECORDED AS DOCUMENT NUMBER 9428522 IN THE RECORDS OF THE ST. JOSEPH COUNTY RECORDER'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT NUMBER ONE (1); THENCE ON AN ASSUMED BEARING OF SOUTH 89 DEGREES 47 MINUTES 15 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT NUMBER ONE (1). ALSO BEING THE SOUTH RIGHT OF WAY LINE OF OAKWOOD PARK DRIVE, A DISTANCE OF 81.05 FEET TO THE POINT OF CURVATURE OF A 20.00 FOOT RADIUS CURVE TO THE RIGHT, CONCAVE TO THE SOUTH; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT NUMBER ONE (1), ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF SAID OAKWOOD PARK DRIVE, BEING ON THE ARC OF SAID 20.00 FOOT RADIUS CURVE, A DISTANCE OF 9.96 FEET (CHORD BEARING SOUTH 75 DEGREES 31 MINUTES 10 SECONDS EAST, CHORD DISTANCE 9.86 FEET) TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT NUMBER ONE (1). ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF SAID OAKWOOD PARK DRIVE, BEING ON THE ARC OF A 20.00 FOOT RADIUS CURVE TO THE RIGHT, CONCAVE TO THE SOUTHWEST, A DISTANCE OF 13,11 FEET (CHORD BEARING SOUTH 42 DEGREES 28 MINUTES 07 SECONDS EAST, CHORD DISTANCE 12.88 FEET) TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 23 DEGREES 41 MINUTES 09 SECONDS EAST ALONG THE EASTERLY LINE OF SAID LOT NUMBER ONE (1), ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF PORTAGE AVENUE, A DISTANCE OF 18.70 FEET; THENCE NORTH 31 DEGREES 19 MINUTES 51 SECONDS WEST, A DISTANCE OF 31.17 FEET TO THE POINT OF BEGINNING THIS001 ACRE, MORE OR OF DESCRIPTION LESS, BEING SUB SUBJECT TOAINING ALL EASEMEN SR AND RES RIFEET OR � ONSOOFAN RECORD. g,Y C. , ��c s rei��o o 1. No. S O484 x STATE OF DATE.- JUNE 10, 2004 JOB 04-046 DR B04-42-25 SHEET 2 OF Brads—Ko Engineering & Surveying, Inc. 1009 South Ninth St. Goshen, IN 46526 Phone 574 533-9913 Fax 574 533-9911 454 J 6_44 PROJECT: STP-S270(001) PARCEL: 25 WARRANTY DEED TI-IIS INDENTURE WITNESSETFI, THAT Carol A. Whitteberr PJS58237 RECORDED AS PRESENTED ON 12/20/2005 03:36:35PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: S1a.00 PAGES: 3 being over the age of eighteen (18) years, of St. JOSeD County, in the State of Indiana , CONVEY(S) AND WARRANT(S) TO THE CITY OF SOUTI-I 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 Grantor(s) herein agree(s) to pay all real estate taxes and assessments levied or assessed against the above - designated real estate prior to the date of this deed. Grantor(s) hereby convey(s) the above -described real estate free and clear of all leases, licenses, or other interests, both legal and equitable, and all encumbrances of any kind or character. This document shall constitute a conveyance of the above -described real estate (excepting any parcels specifically designated as easements or as temporary right-of-ways) in fee simple and not merely for right- of-way purposes, and no reversionary rights whatsoever are intended to remain in the Grantor(s), Dated this day of ' . 12005. 11 r (Sign re) (Signature) Carol A. Whitteber (Printed Name) (Printed Name) ROY A. BUSKIRK STATE OF INDIANA } ' '1D". Allen County s. ses My Commission Expires SS: ':f March 13. 2oo9 COUNTY OF ST. JOSEPI-1 ) Bef e me, the undersigned, a Notary Public in and for said County and State, this day of 2005, personally appeared Carol A. Whitleberr� being over the age of eighteen (18), and acknowledged the execution of the foregoing instrument, Witness my hand and notarial seal. My Commission Expires: 4NotaryP County of Residence This instrument prepared by: John R. Livingston, Assistant City Attorney Qu �. Jose'% Co. IMMANk Exhibit "A" PARCEL NO. 25 SURVEY SKETCH PORTAGE AVENUE IMPROVEMENT PROJECT CITY OF SOUTH BEND, INDIANA OWNER(S): CAROL A. WHITTEBERRY MAILING ADDRESS: 2204 OAKWOOD PARK DRIVE SOUTH BEND, INDIANA 46628 DOCUMENT NO.: 0023098 TYPE: CORPORATE WARRANTY DEED RECORDING DATE: 05-15-2000 PROJECT PARCEL NO.: 25 COUNTY TAX ID NO.: 25-1004-0256.04 OAKWOOD PARK DRIVE 60' R/W TEMPORARY ROW PARCEL NORTHWEST 448 S.F. CORNER LOT #1 t0.010 ACRE ROW_ S89'47'15'E 81.05' C4 4' INDIANA & MICHIGAN POWER COMPANY EASEMENT Cl L Jr 2 of - in OAKWOOD VILLAS SECTION ONE DOCUMENT NO. 9428522 50' INDIANA k MICHIGAN POWER COMPANY EASEMENT L NE DATA C. sTF,��Q of -No. S O484 STATE OF SUR SHEET 1 OF 2 NUMBER DIRECTION DISTANCE L1 N3l'19'51"W 31.17' L2 S23'41'09'E 42.50' L3 N35'11'39"W 51.37' CTTVvF. nA9''A 1 RIGHT OF WAY TAKING TOTAL AREA 48 S.F. ±0.001 ACRE TEMPORARY RIGHT OF WAY TOTAL AREA 448 S.F. t0.010 .ACRE ... \ ROWW PARCEL 48 S.F. t0.001 ACRE NUMBER RADIUS JARC LENGTH ITANGENT IDELTA ICHORO LENGTH CHORD DIRECTION C1 20.00 1.85 0.93' 05'1B 12" 1.85' S87'08'09"E C2 20.00' 8.1 V 4.11' 23'13'58' 8.05' S72'52'04"E C3 20.00' 13.11, 6.80' 3733'56" 12.58' S42'28'07"E C4 20.00' ig.96, 5.094 28'32'10" 9.86' S75131'10"E LEGEND IL -MEASURED R-RECORD SCALE.: 1"=30' -RIGHT OF WAY PARCEL DATE.- JUNE 10, 2004 JOB f:048 ®-TEMPORARY R/W PARCEL 04 DRW J.- B04-42-25 DRAWN BY G.C.S. ROW -RIGHT OF WAY I, the undersigned, an Indiana Registered Land Surveyor hereby certify that on the date shown, A SURVEY WAS COMPLETED UNDER MY SUPERVISION AND TO THE BEST OF MY KNOWLEDGE AND BELIEF THIS PLAT IS A REPRESENTATION OF SAID SURVEY. Brads—Ko Engineering & Surveying, Inc. 1009 South Ninth St. Goshen, IN 46526 Phorfd 574 533-9913 Fax 574 533-9911 ry( t\JSI� cll, R.LS. SO484 ll Vi President e rI PARCEL NO. 25 LEGAL DESCRIPTION PORTAGE AVENUE IMPROVEMENT PROJECT OWNER(S): CAROL A. WHITTEBERRY MAILING ADDRESS: 2204 OAKWOOD PARK DRIVE SOUTH BEND, INDIANA 46628 DOCUMENT NO.: 0023098 TYPE: CORPORATE WARRANTY DEED RECORDING DATE: 05-15--2000 PROJECT PARCEL NO.: 25 COUNTY TAX ID NO.: 25-1004-0256.04 RIGHT OF WAY TAKING A PART OF LOT NUMBER ONE (1) AS THE SAID LOT IS KNOWN AND DESIGNATED ON THE PLAT OF OAKWOOD VILLAS SECTION ONE, A SUBDIVISION IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA; SAID PLAT BEING RECORDED AS DOCUMENT NUMBER 9428522 IN THE RECORDS OF THE ST. JOSEPH COUNTY RECORDER'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT NUMBER ONE (1); THENCE ON AN ASSUMED BEARING OF SOUTH 89 DEGREES 47 MINUTES 15 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT NUMBER ONE (1), ALSO BEING THE SOUTH RIGHT OF WAY LINE OF OAKWOOD PARK DRIVE, A DISTANCE OF 81.05 FEET TO THE POINT OF CURVATURE OF A 20.00 FOOT RADIUS CURVE TO THE RIGHT, CONCAVE TO THE SOUTH; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT NUMBER ONE (1), ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF SAID OAKWOOD PARK DRIVE, BEING ON THE ARC OF SAID 20.00 FOOT RADIUS CURVE, A DISTANCE OF 9.96 FEET (CHORD BEARING SOUTH 75 DEGREES 31 MINUTES 10 SECONDS EAST, CHORD DISTANCE 9.86 FEET) TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT NUMBER ONE (1) ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF SAID OAKWOOD PARK DRIVE, BEING ON THE ARC OF A 20.00 FOOT RADIUS CURVE TO THE RIGHT, CONCAVE TO THE SOUTHWEST, A DISTANCE OF 13.11 FEET (CHORD BEARING SOUTH 42 DEGREES 28 MINUTES 07 SECONDS EAST, CHORD DISTANCE 12.88 FEET) TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 23 DEGREES 41 MINUTES 09 SECONDS EAST .ALONG THE EASTERLY LINE OF SAID LOT NUMBER ONE (1), ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF PORTAGE AVENUE, A DISTANCE OF 18.70 FEET; THENCE NORTH 31 DEGREES 19 MINUTES 51 SECONDS WEST, A DISTANCE OF 31.17 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION CONTAINING 48 SQUARE FEET OR 0.001 OF AN ACRE, MORE OR LESS, BEING SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. gY C. �o s 0. No. S O484 x STATE OF •�� tiD I PAP p'�' DATE.- JUNE 10, 2004 JOB #: 04-046 DRW B04-42-25 SHEET 2 OF ,a Brads—Ko Engineering & Surveying, Inc. 1009 South Ninth St. Goshen, IN 46526 v Gregor c Ri,: Phone 574 533-9913 Fax 574 533-9911 ce resldent