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Home My WebLink About#3169- Deed; TEMPORARY EASEMENT AGREEMENT To the City of South Bend, A part of the Northwest Quarter of Section 17, Township 38 North, Range 2 East, German Township31 9 8/14/2006 Temporary Easement Agreement Waggoner Farms, L.P. Description: To the City of South Bend: A part of the Northwest Quarter of Section 17, Township 38 North, Range 2 East, German Township 10C=>34<3aE RECORDED AS PRESENTED ON 08/14/2006 02:56:09PM TERRkA — I J. RETHLAKE ST. JOSEPH COUNTY xRECORDER I C% REC FEE: $25. 00 V TEI�ORARY EASEMENT AGREEMENT PAGES: 7 THIS INDENTURE WITrINESSETH, THAT Waggoner Farms Development, L.P., an Indiana limited partnership, of St. Joseph County, in the State of Indiana, and Waggoner's Dairy Farms, Inc., an Indiana corporation, of St. Joseph County, in the State of Indiana (collectively, the "Grantor") CONVEY A TEMPORARY EASEMENT TO THE CITY OF SOUTH BEND, INDIANA, for the use and benefit of its department of redevelopment 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 other than between the Grantors hereof. The above -described easement and right of way is temporary for the purposes of constructing a sidewalk and/or bike path, grading, and other miscellaneous improvements related to the improvement and construction of Dylan Drive and will revert to the grantor(s) upon the completion of said project. It is understood and agreed that this conveyance transfers the right to make or construct said improvements on said lands and to use any material lying only within the above -described limits suitable for use in construction of said improvements 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. It is further understood and agreed that this conveyance transfers the right to make or construct a storm water system and a temporary storm water basin for use during the construction of said improvements. Trees or any other land improvements may be cut or removed from said granted temporary easement area by the City of South Bend, through its authorized representatives during said construction. The Grantee shall not be responsible for any damage caused by storm water, including any excess or flooding thereof, whether on the real estate, on any other real estate in which a Grantee has an interest or elsewhere. The Grantor shall be required to grant via a deed of dedication an interest in the constructed sidewalk and/or bike path to the public for its use and access, which requirement, notwithstanding any other provisions hereof, shall survive the termination of this agreement and any other provision hereof. Page 1 of 3 a The undersigned person executing this temporary easement on behalf of Waggoner Farms Development, L.P. represents and certifies that the undersigned is the General Partner of Waggoner Farms Development, L.P. and has been fully empowered by proper resolution or other action of Waggoner Farms Development, L.P. to execute and deliver this temporary easement agreement, and all other instruments of transfer, for and on behalf of the Waggoner Farms Development, L.P.; that Waggoner Farms Development, L.P. is a partnership in good standing in the State of its origin and, where required, in the State where the subject real estate is situate; that the Waggoner Farms Development, L.P. has full legal capacity to convey the real estate described; and that all necessary partnership action for the making of this conveyance has been duly taken. The undersigned person executing this temporary easement on behalf of Waggoner's Dairy Farms, Inc. represents and certifies that the undersigned has been fully empowered by proper resolution or other action of Waggoner's Dairy Fauns, Inc. to execute and deliver this temporary easement agreement, and all other instruments of transfer, for and on behalf of the Waggoner's Dairy Farms, Inc.; that Waggoner's Dairy Farms, Inc. 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 Waggoner's Dairy Farms, Inc. has full legal capacity to convey the real estate described; that such action is not inconsistent with the articles of incorporation or bylaws of said corporation; and that all necessary corporate action for the making -of this conveyance has been duly taken. S� nn Dated this / day of , 2006. FOMS DEVELOPMENT, L.P. D/ Signalure ne�l;r a rmlC rYome and PUB STATE OF INDIANA SS: ST. JOSEPH COUNTY Vi Before me, the nd s' ned, a Notary Public, in and for said County and State,'prsdnally appe ed and known to tho, to be the* and respectively of Waggoner Farms Dave oporgrtk;P; and acknowle ged the execution of the foregoing Temporary Easement Agreement{- % '� :: 1N WITNESS WHEREOF, i have hereunto subscribed my name and affixcd�n ofraLl , seal on the I day of 2006. Notary Public Residing in St, Joseph County, Indiana Page 2 of 3 WAGGONER'S DAIRY FARMS, INC. rya,,, Zee rNOViean ' e rn! ame life STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, in and for said County and State, personally a reared uG CY%er- and , known to me to be the YCsi de andJJ respectively of Waggoner's Dairy Farms, Inc. and acknowledged the execution of the foregoing Temporary Easement Agreement. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the aK& day of c f 2006. 1^,/►p , nP //� �(�^/�(/� t CAROL L. BENSCOTER, Notary Public Cry zol L 5enscA*Cr , Notary Public 3-' A Residenf of Elkha�i County, IN Residing in St. Joseph County, Indiana ' My Commission Expires: 11-14-2012 + 3 1 Prepared by Sbawn E. Peterson, Assistant City Attorney I arm, under the penalties ojperjury, that I have taken reasonable care to redact each Social Security munber in this document, unless required by law. (name) S ,j f. f'�Pc>ru,!-\ Page 3 of 3 EXIMIT A Legal Description for Temporary Easement Parcels PARCEL I — TEMPORARY CONSTRUCTION EASEMENT — UTIILITIES AND NON - VEHICULAR PATH A PART OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER, SAID CORNER BEING MARKED BY A HARRISON MONUMENT; THENCE SOUTH 89 DEGREES 55 MINUTES 03 SECONDS EAST, ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 607.05 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 55 MINUTES 03 SECONDS EAST, A DISTANCE OF 243.34 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 57 SECONDS WEST, A DISTANCE OF 20.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF ADAMS ROAD; THENCE SOUTH 79 DEGREES 39 MINUTES 44 SECONDS WEST, A DISTANCE OF 54.59 FEET TO THE POINT OF CURVATURE OF A NON -TANGENT CURVE, CONCAVE NORTHWEST, HAVING A RADIUS OF 790.00 FEET, BEING SUBTENDED BY A CHORD LENGTH OF 339.82 FEET BEARING SOUTH 19 DEGREES 44 MINUTES 54 SECONDS WEST; THENCE ALONG SAID CURVE, A DISTANCE OF 342.49 FEET; THENCE SOUTH 32 DEGREES 10 MINUTES 05 SECONDS WEST, A DISTANCE OF 140.63 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE SOUTHEAST, HAVING A RADIUS OF 610.00 FEET, BEING SUBTENDED BY A CHORD LENGTH OF 340.65 FEET, BEARING SOUTH 15 DEGREES 57 MINUTES 15 SECONDS WEST; THENCE ALONG SAID CURVE, A DISTANCE OF 345.24 FEET; THENCE SOUTH 00 DEGREES 15 MINUTES 35 SECONDS EAST, A DISTANCE OF 1864.99 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 57 MINUTES 13 SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 185.00 FEET; THENCE NORTH 00 DEGREES 15 MINUTES 35 SECONDS WEST, A DISTANCE OF 1864.01 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE SOUTHEAST, HAVING A RADIUS OF 795.00 FEET, BEING SUBTENDED BY A CHORD LENGTH OF 443.97 FEET, BEARING NORTH 15 DEGREES 57 MINUTES 15 SECONDS EAST; THENCE ALONG SAID CURVE, A DISTANCE OF 449.95 FEET; THENCE NORTH 32 DEGREES 10 MINUTES 05 SECONDS EAST, A DISTANCE OF 140.63 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE NORTHWEST, HAVING A RADIUS OF 605.00 FEET, BEING SUBTENDED BY A CHORD LENGTH OF 139.19 FEET, BEARING NORTH 25 DEGREES 33 MINUTES 45 SECONDS EAST; THENCE ALONG SAID CURVE, A DISTANCE OF 139.50 FEET TO THE SOUTH LINE OF RIGHT OF WAY TAKING FOR US 31 BYPASS (ST. JOSEPH VALLEY PARKWAY); THENCE NORTH 86 DEGREES 17 MINUTES 21 SECONDS EAST, ALONG SAID RIGHT OF WAY, A DISTANCE OF 21.61 FEET; THENCE NORTH s 00 DEGREES 04 MINUTES 56 SECONDS EAST, ALONG SAID RIGHT OF WAY, A DISTANCE OF 124.51 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PART OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER, SAID CORNER BEING MARKED BY A HARRISON MONUMENT; THENCE SOUTH 89 DEGREES 55 MINUTES 03 SECONDS EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 607.05 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 56 SECONDS WEST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 55 MINUTES 03 SECONDS WEST, A DISTANCE OF 243.34 FEET; THENCE SOUTH 79 DEGREES 39 MINUTES 44 SECONDS WEST, A DISTANCE 83.89 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE SOUTHEAST, HAVING A RADIUS OF 41.00 FEET, BEING SUBTENDED BY A CHORD BEARING OF SOUTH 45 DEGREES 16 MINUTES 01 SECONDS WEST HAVING A DISTANCE OF 46.32 FEET; THENCE ALONG SAID CURVE A DISTANCE OF 49.23 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE NORTHWEST, HAVING A RADIUS OF 735.00 FEET, BEING SUBTENDED BY A CHORD BEARING OF SOUTH 21 DEGREES 31 MINUTES 14 SECONDS WEST HAVING A DISTANCE OF 271.61 FEET; THENCE ALONG SAID CURVE A DISTANCE OF 273.18 FEET; THENCE SOUTH 32 DEGREES 10 MINUTES 05 SECONDS WEST, A DISTANCE OF 140.63 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE,. CONCAVE SOUTHEAST, HAVING A RADIUS OF 665.00 FEET, BEING SUBTENDED BY A CHORD BEARING OF SOUTH 15 DEGREES 57 MINUTES 15 SECONDS WEST HAVING A DISTANCE OF 371.37 FEET; THENCE ALONG SAID CURVE A DISTANCE OF 376.37 FEET; THENCE SOUTH 00 DEGREES 15 MINUTES 35 SECONDS EAST, A DISTANCE OF 1,864.70 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE NORTH 89 DEGREES 57 MINUTES 13 SECONDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF 70.00 FEET; THENCE NORTH 00 DEGREES 15 MINUTES 35 SECONDS WEST, A DISTANCE OF 1,864.33 FEET TO TFIE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE SOUTHEAST, HAVING A RADIUS OF 735.00 FEET, BEING SUBTENDED BY A CHORD BEARING OF NORTH 15 DEGREES 57 MINUTES 15 SECONDS EAST HAVING A DISTANCE OF 410.46 FEET; THENCE ALONG SAID CURVE A DISTANCE OF 415.99 FEET; THENCE NORTH 32 DEGREES 10 MINUTES 05 SECONDS EAST, A DISTANCE OF 140.63 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE NORTHWEST, HAVING A RADIUS OF 665.00 FEET, BEING SUBTENDED BY A CHORD BEARING OF NORTH 22 DEGREES 51 MINUTES 38 SECONDS EAST HAVING A DISTANCE OF 215.11 FEET; THENCE ALONG SAID CURVE A DISTANCE OF 216.06 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE SOUTHWEST, HAVING A RADIUS OF 41.00 FEET, BEING SUBTENDED BY A CHORD BEARING OF NORTH 38 DEGREES 01 MINUTES 37 SECONDS EAST HAVING A DISTANCE OF 64.24 FEET; THENCE ALONG SAID CURVE A DISTANCE OF 73.82 FEET; THENCE NORTH 89 DEGREES 36 MINUTES 24 SECONDS WEST, A DISTANCE 13.02 FEET TO AN SHEET I OF I P.O. C. NW CORNER OF THE P.O.B. NW 1/4, SEC. 17, TEMPORARY EASEMENT T38N, R2E ADJACENT TO DYLAN Row HARR. MON. DRIVE ~- — _ROW_ S89'55'03"E 607.05= 4 ADAMS ROAD NORTH LINE OF THE t2 BROW NW 1/4. SEC. 17- _j L5 T38N-R2E / 11 — — — — ROW GRAPHIC SCALE 200 0 100 200 400 g{/ 15' UTILITY EASEMENT �INEET ) / /j 1 inch = 200 IL v CURB NTLY OR PREVIOUSLYTOTAL AREA WAGGOf 1402 ER'S DAIRY FARMS, INCINC.—� KESSLER BOULEVARD '" / TEMPORARY EASEMENT , SOUTH BEND, IN 46616 V l ADJACENT TO DYLAN DRIVE 11 // t7.174 AC. CURRENT Y OR PREVIOUSLY If I/ U 30' LANDSCAPE AND WAGGONER FARMS DEVELOPMENT, L.P. 227 SOUTH.MAIN ST, SUITE 30o rf 0 iljr NON —VEHICULAR ACCESS SOUTH BEND, IN 46601 30 Do' EASEMENT 20.00 I 30,00' 10.00' 1 I 70• z II II Lij N 60.00' 55.00' LINE TABLE LENE LENGTH BEARING Li 20.00' SOO'04'57"W L2 54,59' S79'39'44"W L3 140.63' S32'10'05"W L4 140.63' N32'10'05"E L5 21.61' N86'17'21"E L6 124.51' N00'04'56"E CURRENTLY OR PREVIOUSLY Z II WAGGONER FARMS DEVELOPMENT, L.P. O 5 227 SOUTH MAIN ST, SUITE 300 o" 1 w SOUTH BEND, IN 46601 �� II ':w II inm LO IE ,:.o. II v) m to — — Lj Lj r- (0 0 I 0 II L0 CURRENTLY OR PREVIOUSLY WAGGONER'S DAIRY FARMS, INC. 1402 KESSLER BOULEVARD un SOUTH SEND, IN 46616 10' UTIL� EASEMENT � I 15.oO' SOUTH LINE OF THE NW 1/4 SW COR., NW 1/4, SEC. 17, T38N, R2E I I %SEC. 17—T38N—R2E 5/8" 0 IRF Wj .. - .. N89 7, 3„W- ' ' _ . . CAP (ILLEGIBLE) EXISTING DYLAN DRIVE\ 1 5.q 5 (60' ROW) \ 'h , I U.S. 31 INDUSTRIAL PARK PHASE TWO 4 , INSTR. #0150153 CURVE DATA TABLE CURVE RADIUS I LENGTH I CHORD I BEARING ITANGENTI DELTA C1 790.00' 342.49' 339.82' S19'44'.94"W 1 171OW I24'50'23" C2 610.00' 345,24' 340.65 S15'57'15"W 177.38' 32'25'40" C3 795.00' 449.95' 443.97' N15'57'15"E 231.18' 32'25'40" C4 605.00' 139.50' 139.19' 1 N25'33'45"E 70.06' 13'12'40" TEMPORARY EASEMENT ADJACENT TO DYLAN DRIVE NW 1/4, SEC. 17-T38N-R2E 20 ABONMARCHE CONSULTANTS, L.L.C. 750 Lincoln Way East Fort Wayne, Indiana South Send, Indiana 46601 Benton Harbor, Michigan (574) 232-8700 Manistee, Michigan FAX: (574) 251--4440 ENGINEERING / LAND SURVE1•ING / PLANNING / CONSTRUCTION SERWCES P.O.C. NW CORNER OF THE NW 1/4, SEC. 17, T38N, R2E HARR. MON. ADAMS ROAD NORTH UNE OF THE NW 1/4, 1 y O�y �J�F66ro � P h DO w V1PGpL��O SHEET 2 OF 2 SEC. 17-T38N-R2E _N TEMPORARY EASEMENT + f w o FACILITY i I CO N89'44'25"E 118.00' LLI 25.00' S89-47.14"W 227.40' `%i I o r z 1) m cn w T CO o � O Z o z CURRENTLY OR PREVIOUSLY J fr1 WAGGONER'S DAIRY FARMS, INC. 1402 KESSLER BOULEVARD V SOUTH BEND, IN 46616who 25.00' I S89'44 25"W 11 a. 00 118.00' • Q�6 P�tl,5P�0 J (�y °P�yO°J�A6616 TOTAL AREA: I CVRDgN'5ID SS�j��N O,TEMPORARY EASEMENT NyPG ko 5 e FACILITY 5 t0.458 SQ. FT. i 10 FT. UTILITY EASEMENT 30 FT. LANDSCAPE AND NON --VEHICULAR ACCESS EASEMENT I 0 w to 0 d 0 off 0 z a PORARY S7�OR) TER DRAIN GE FACILITY 30.00' CURRENTLY OR PREVIOUSLY WAGGONER FARMS DEVELOPMENT, L.P. 227 SOUTH MAIN ST, SUITE 300 GRAPHIC SCALE SOUTH BEND, IN 46601 so 0 30 60 I; ( IN FEET ) 1 inch = 60 ft. TEMPORARY EASEMENT �O ABONMARCHE CONSULTANTS, L.L.C. FACILITY 750 Lincoln Way East Fort Wayne, Indiana NW 1 /4, SEC. 17-T38N-R2E South Bend, Indiana 46601 (574) 232-8700 Benton Harbor, Michigan Manistee, FAX: (574) 251-4440 Michigan DATE: 08 -01-06 SCALE: 1"=60' ENGINEERING / LAND SURVEYING / PLANNING / CONSTRUCTION SERVICES