HomeMy WebLinkAbout#3170- Deed; RIGHT OF ENTRY To the City of South Bend, A part of the Northwest Quarter of Section 17, Township 38 North, Range 2 East, German Township3 0
8/i4/2006
Right of Entry
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
I
Qs634`3g 1
RECORDED AS PRESENTED ON
08/14/2006 02:56:08P'd
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $61.00
PAGES: 25
RIGHT OF ENTRY
(Bare Land Only)
(With Site Improvements)
THIS RIGHT OF ENTRY, made this I st day of August, 2006 is being provided to the
CITY OF SOUTH BEND, INDIANA and the SOUTH BEND REDEVELOPMENT
COMMISSION (collectively, the "City") by WAGGONER FARMS DEVELOPMENT, L.P. (the
"Developer") and WAGGONER'S DAIRY FARMS, INC.
WITNESSETI-I:
WHEREAS, the South Bend Redevelopment Commission, on behalf of the City of South
Bend, Indiana, Department of Redevelopment (the "Commission") and Waggoner Farms
Development, L.P. (the "Developer") have entered into an Agreement dated July 21, 2006 (the
"Agreement") providing for the development of a mixed use commercial, retail and residential
area to be known as "Portage Prairie", along with certain ancillary support facilities within or
adjacent to the Airport Economic Development Area within the City of South Bend, Indiana; and
WHEREAS, the Commission desires to purchase the real property more particularly
described at Exhibit A (the "Right of Way Parcel") in order to provide for the extension of Dylan
Drive north from its current location in the existing U.S. 31 Industrial Park to Adams Road in the
City or South Bend, Indiana (the "[light of Way Improvements") in accordance with the terms set
forth in the Agreement; and
WHEREAS, under the terms of the Agreement and Indiana Code § 36-7-14-19(e), the
Developer has agreed to sell the Right of Way Parcel to the Commission upon the Commission's
completion of its acquisition procedures under Indiana Code § 36-7-14; and
WHEREAS, under the terms of the Agreement and for the consideration set forth therein,
the Commission is obligated to construct certain improvements along the Right of Way Parcel
(the-remporary Easement Improvements") on the real property more particularly described at
Exhibit B (the "Temporary Easement Parcels"); and
WHEREAS, the Commission is obligated to complete its acquisition procedures required
under law and it is desirable that such construction be commenced as rapidly as possible and that
the construction of the Right of Way Improvements and the Temporary Easement Improvements
not be delayed; and
NOW THEREFORE, for consideration, the sufficiency and receipt of which is hereby
acknowledged, it is agreed by and among the undersigned and the Commission as follow:
Page I of 3
I. That the Commission, the City and their employees, contractors, subcontractors
and agents shall have access to the Right of Way Parcel and the Temporary Easement Parcel to
proceed with the construction of the Right of Way Improvements and the Temporary Easement
Improvements with the understanding that the Commission will proceed to purchase the Right of
Way Parcel and obtain a temporary easement pursuant to a Warranty Deed and Temporary
Easement in the forms set forth at Exhibits C and D, respectively, subject to the successful
completion of its acquisition procedures required by law.
2. That this right of entry shall permit the Commission and the City through their
employees, contractors, subcontractors, and agents to construct the Right of Way Improvements
and the Temporary Easement Improvements and to do such acts thereon as would be permitted if
the Right -of -Way Parcel and Temporary Easement Parcel had actually been obtained and
secured.
3. That the undersigned Nvaives no right to make a claixn for any nrrent right
acts which are outside the Right of Way Parcel, the Temporary Easement Parcel or a
of way and which would normally be the basis for an action for damages.
4. Neither party hereto waives any of its rights in the event of a default under the
Agreement or this Right of Entry- S�
IN WITNESS THEREOF, the undersigned has hereto set his hand and seal this
a
day of o ,S 1- , 2006.
WAGGONER FARMS DEVELOPMENT, L.P.
rgnat rC / /,
zet
i�linie ame an irk
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
bignaiwe
rune Name are 11 e
Before me, the nd rsigned, a Notary Public, in and for said County and State, personally
ap ed and known to me to be the
and respectively of Waggoner Farms Developmailt .,L2,
anez�
d acknowledged the execution of the foregoing Right of Entry.
1N WITNESS WHEREOF, I have hereunto subscribed my name and afliceday,' - £
seal on the �_ day of , 2006_
W.riT, w,-, zY•ar=ram , ..
NOta
Residing in St. Joseph County, Indiana -717
Page 2 of 3
WAGGONER'S DAIRY FARMS, INC.
tgna ore
rrnrs ame c it e
STATE OF INDYANA )
SS-.
ST, JOSEPH COUNTY }
Signature
11rinied Nwne and Title
Before me, the undersign d, a Notary Public, in and for said County and State, personally
appea d d known to me to be the
and respectively of Waggoner Dairy Farms, Inc. and
acknowledged the execution of the foregoing Right of Entry.
IN WITNESS W�REOF, I have hereunto subscribed my ❑ame and affixed my official
day of U�—, 2006.
seal on the y
Notar�Y.0 Lib
Residing in St. Joseph County, indianz"
Prepared by Shawn E. Peterson, Assistant City Attorney j •.. _ ..
I affirm, under the penalties ofperjury, that I have taken rerrsoncrble core to redact each Social Seciv i
number in this document, unless required by law. (name) Shawn Or. ��rrt��
Page 3 of 3
EXHIBIT A
Legal Description for Right of Way Parcel
SHEET 1, OF 2
EXHIBIT A
LEGAL DESCRIPTION — DYLAN DRIVE EXTENSION
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 THE NORTHWEST QUARTER OF SAID SECTION 17, SAID LINE AS BEING THE
CENTERLINE OF ADAMS ROAD, 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 SOUTH 89
DEGREES 55 MINUTES 03 SECONDS EAST, 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 SOUTH 45 DEGREES 15 MINUTES 26 SECONDS WEST HAVING A DISTANCE OF 46.33
FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 49.24 FEET TO THE POINT OF
CURVATURE OF A REVERSE CURVE, CONCAVE NORTHWEST, HAVING A RADIUS OF 735.00 FEET, BEING
SUBTENDED BY A CHORD BEARING SOUTH 21 DEGREES 31 MINUTES 14 SECONDS WEST HAVING A
DISTANCE OF 271.61 FEET; THENCE SOUTHWESTERLY 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 SOUTH 15 DEGREES 57 MINUTES 15 SECONDS
WEST HAVING A DISTANCE OF 371,37 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, A
DISTANCE OF 376.37 FEET; THENCE SOUTH 00 DEGREES 15 MINUTES 35 SECONDS EAST, A DISTANCE
OF 1864.70 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17, SAID LINE
ALSO BEING THE NORTH LINE OF THE U.S. 31 INDUSTRIAL PARK SUBDIVISION; 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 1864.33 FEET TO THE
POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE SOUTHEAST, HAVING A RADIUS OF 735,00
FEET, BEING SUBTENDED BY A CHORD BEARING NORTH 15 DEGREES 57 MINUTES 15 SECONDS EAST
HAVING A DISTANCE OF 410.46 FEET; THENCE NORTHEASTERLY 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 NORTH 22 DEGREES 51 MINUTES 38
SECONDS EAST HAVING A DISTANCE OF 215.11 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, A
DISTANCE OF 216.06 FEET TO THE POINT OF CURVATURE OF A COMPOUND CURVE, CONCAVE
SOUTHWEST, HAVING A RADIUS OF 41.00 FEET, BEING SUBTENDED BY A CHORD BEARING NORTH 38
DEGREES 01 MINUTES 37 SECONDS WEST HAVING A DISTANCE OF 64.24 FEET; THENCE
NORTHWESTERLY 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 EASTERLY RIGHT—OF—WAY SHOWN ON
INDOT PLANS FOR PROJECT ST—F--720(25), DATED 1969 (U.S. 20/31 BYPASS); THENCE NORTH 00
DEGREES 04 MINUTES 56 SECONDS EAST ALONG SAID RIGHT—OF—WAY, A DISTANCE OF 14.52 FEET
TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 4.408 ACRES, MORE OR LESS.
SUBJECT TO ALL EASEMENTS. COVENANTS, RESTRICTIONS, AND RIGHT—OF—WAY OF RECORD.
REVISED LEGAL DESCRIPTION 7/5/06 & 7
PROPOSED DYLAN DRIVE EXTENSION
DATE: 06-21-06
LU
THROUGH
WAGGONER'S
PROPERTY
�3 ABONMARCHE CONSULTANTS, L.L.C.
750 Lincoln Way East Fort Wayne, Indiana
South Bend, Indiano 46601 Benton Harbor, Michigan
(574) 232--8700 Manistee, Michigan
FAX; (574) 251-4440
SCALE: 1"=200' I ENGINEERING / LAND SURVEYING / PLANNING / CONSTRUCTION SERVICES
co
N
N
SHEET 2 OF 2
EXHIBIT A
S89'55'03"E 607.05' L1 L2
P.O.B.
L9
ACCESS ROAD L8 / 1
R/W
P.O.C. PROPERTY BOUNDARY
HARRISON MON. C�
NW COR. OF THE NW 1/4
SEC 17, T38N, R2E,
GERMAN TOWNSHIP, l
CITY OF SOUTH BEND,
ST. JOSEPH COUNTY, INDIANA
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PROPERTY BOUNDARY
EXISTING
U.S. 31 INDUSTRIAL PARK
ADAMS ROAD
NORTH LYNE OF THE
1 NW 1/4. SEC 17, T38N, R2E
20' HALF APPARENT R/W
V O
U
�
PROPOSED DYLAN DRIVE R/W
TOTAL AREA
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191,984 SFT
4.408 ACRES
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SOUTH LINE OF THE
`
f
NW 1/4, SEC 17, T38N, R2E
�r
_.�EXISTING
E
I DYLAN DRIVE
I CLJRVF r)ATA TAR[ F I
CURVE
IRADIUS
LENGTH
CHORD
BEARING ITANGENT DELTA
C1
41.00'
49.23'
46.32'
S45'16'01 "W 1 28.07' 68'47' 25"
C2
735.00'
273.18'
271.61'
S21'31'14"W 1 138.18' 21'17'42"
C3
665.00'
376,37'
371.37'
S15'57'15"W 193.38' 32'2540"
C4
735.00'
415.99'
410,46'
N15*57'15"E 213.73' 32'25'40"
C5
665.00'
216.06'
215.11'
N22'51'38"E I 108.99' 18'36'55"
C6
41.00'
73.82'
1 64.24'
N38'01'37" W 1 51.69' 103'09'35"
PROPOSED DYLAN DRIVE EXTENSION MO. ABONMARCHE CONSULTANTS, L.L.C.
THROUGH
WAGGONER'S 750 Lincoln Way East Fort Wayne, Indiana
PROPERTY South Bend, Indiana 46601 Benton Harbor, Michigan
(574) 232--8700 Manistee, Michigan
FAX: (574) 251-4440
DATE: 06-21-06 SCALE: i"=200' ENGINEERING / LAND SURVEYING / PLANNING / CONSTRUCTION SERVICES
EXHIBIT B
Legal Description for Temporary Easement Parcels
PARCEL 1 — TEMPORARY CONSTRUCTION EASEMENT -- UTILITIES 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 NOkrUWEST
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
M] UTES 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 I5
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 I3
SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 185.00 FEET,
THENCE NORTH 00 DEGREES 15 MINUTES 35 SECONDS WEST, A DISTANCE
OF I864.01 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
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
1.7, 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 THE 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 2I6.06 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; T14ENCE NORTH 89
DEGREES 36 MINUTES 24 SECONDS WEST, A DISTANCE 13.02 FEET TO AN
EASTERLY RIGHT-OF-WAY SHOWN ON INDOT PLANS FOR PROJECT ST-F-
720(25), DATED 1969; THENCE NORTH 00 DEGREES 04 MINUTES 56 SECONDS
EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 14.52 FEET TO THE
POINT OF .BEGINNING;
SAID DESCRIBED TRACT CONTAINING 7.174 ACRES, MORE OR LESS;
SUBJECT TO ALL EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY
OF RECORD.
PARCEL 2 -- TEMPORARY EASEMENT STORM WATER DRAINAGE FACILITY
A PART OF THE NORTI-IWEST 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 00 DEGREES 12 MINUTES 46 SECONDS EAST, ALONG THE
WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 833.07 FEET;
THENCE SOUTH 89 DEGREES 47 MINUTES 14 SECONDS EAST, A DISTANCE
OF 227.40 FEET TO THE POINT OF BEGINNING; NORTH 89 DEGREES 44
MINUTES 25 SECONDS EAST, A DISTANCE OF 118.00 FEET; THENCE SOUTH
00 DEGREES 15 MINUTES 35 SECONDS EAST, A DISTANCE OF 169.00 FEET;
THENCE SOUTH 89 DEGREES 44 MINUTES 25 SECONDS WEST, A DISTANCE
OF 118.00 FEET; THENCE NORTH 00 DEGREES 15 MINUTES 35 SECONDS
WEST, A DISTANCE OF 169.00 FEET TO THE POINT OF BEGINNING;
SAID DESCRIBED TRACT CONTAINING 0.458 ACRE, MORE OR LESS;
SUBJECT TO ALL EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY
OF RECORD.
SHEET 1 OF 1
P.O. C.
NW CORNER OF THE
NW 1/4, SEC. 17,
T38N, R2E
HARR. MON,
ROW
S89'5_ 607.05T'
NORTH LINE OF THE
NW 1/4, SEC. 17—
T38N—R2E
ROW
g GRAPHIL SCALE
200 0 1a0 200 400
( IN�ET
1 inch = 200 ft.
CURB NTLY OR PREVIOUSLY
WAGGOgER'S DAIRY FARMS, INC. -
1402 KESSLER BOULEVARD
SOUTH BEND, IN 46616 U
CURRENTLY OR PREVIOUSLY
WAGGONER FARMS DEVELOPMENT, L.P. l�0
227 SOUTH .MAIN ST, SUITE 300 JJ
SOUTH BEND, IN 46601 II
I I
20.00'
30.00'
II -
z II
W N 60.00' 4�—
��
II
II
0 co
W cd
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I I
Ld
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!I
10' UTILITY EASEMENT I
i
SW COR., NW 1/4,
SEC. 17, T38N, R2E �.
5/8" 0 IRF W/
CAP (ILLEGIBLE) EXISTING N8945
DYLAN DRIVE 1
(60' ROW)
I 4
P.O.B.
TEMPORARY EASEMENT
ADJACENT TO DYLAN
DRIVE
Row
_ADAMS ROAD
— i Row
15' UTILITY EASEMENT
TOTAL AREA
TEMPORARY EASEMENT
/
ADJACENT TO DYLAN DR[VE
f 7.174 AC.
// v
30' LANDSCAPE AND
�!
NON —VEHICULAR ACCESS
11
EASEMENT
ClOf
z 5 j
� LIJ
Ln II n rn
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U3
CURRENTLY OR PREVIOUSLY
- WAGGONER FARMS DEVELOPMENT, L.P.
\ 227 SOUTH MAIN ST. SUITE 300
SOUTH BEND,IN 46601
CURRENTLY OR PREVIOUSLY
1GGONER'S DAIRY FARMS, INC.
1402 KESSLER BOULEVARD
SOUTH BEND, IN 46616
15.00'
SOUTH LINE OF THE NW 1/4
SEC. 17—T38N—R2E
7' 3"W
qo' 5
I U.S. 31 INDUSTRIAL PARK PHASE TWO
INSTR. #0150153
I
CURVE DATA TABLE
CURVE
I RADIUS
LENGTH
CHORD I
BEARING
ITANGENT
DELTA
C1
790.00'
342.49'
339.82'
S19'44'54"W
173.98'
24'50'23"
C2
610.DD'
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'
N25'33'45"E
70.06'
13'12'40"
TEMPORARY EASEMENT �1 ABONMARCHE CONSULTANTS, L.L.C.
ADJACENT TO DYLAN DRIVE 750 Lincoln Way East Fort Wayne, Indiana
NW 1/4, SEC. 17-T38N-R2E South Bend, Indiana 46601 Benton Harbor, Michigan
(574) 232-8700 Manistee, Michigan
FAX: (574) 251-4440
DATE. 08-01-06 SCALE: 1"=200' ENGINEERING / LAND SURVEYING / PLANNING / CONSTRUCTION SERVICES
SHEET 2 OF 2
P.O.C.
NW CORNER OF THE NW 1/4,
SEC. 17, T38N, R2E
HARR. MON. ADAMS ROAD
NORTH LINE OF THE NW 1/4, SEC. 17—T38N—R2E QRE�Q�O / 00 \1FAG " C/
� R
000 C`3��C�F��cs`�c'
w V�PG� o pv�'• 0
5 P.O.B.
N TEMPORARY EASEMENT
w o
FACILITY
N I O
I
o N89'44'25"E
118,00'
c3 II� — — — — — 25.00'
w l ~S89'47'14"W 227.40' —
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Z j Un ♦/
w Q L Q
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— I Z N
It
O
w CURRENTLY OR PREVIOUSLY
z
:-j I WAGGONER'S DAIRY FARMS, INC.
1402 KESSLER BOULEVARD
SOUTH BEND, IN 46616
w
25.00'
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/7 S89 44 25 W 1i
118.00'
PREP fN� pip
�� OA���00J�A 616 TOTAL AREA:
TEMPORARY EASEMENT
�PG� FACILITY t0.458SO. FT.
10 FT. UTILITY EASEMENT
30 FT. LANDSCAPE ANDLL
NON -VEHICULAR ACCESS EASEMENT
CURRENTLY OR PREVIOUSLY
WAGGONER FARMS DEVELOPMENT LP
TE PORARY S RM
TER DRAINAGE
FACILITY
00'
30.00'
227 SOUTH MAIN ST, SUITE 300 GRAPHIC SCALE
SOUTH BEND, IN 46601 sa
o 30 60 12
( IN FEET )
1 inch = 60 ft.
TEMPORARY EASEMENT
:N ABONMARCHE CONSULTANTS, L.L.C.
FACILITY
750 Lincoln Way East
Fort Wayne, Indiana
South Bend, Indiana 46601
Benton Harbor, Michigan
NW 1/4, SEC. 17-T38N-R2E
(574) 232-8700
Manistee, Michigan
FAX: (574) 251-4440
DATE: 08-01-06 SCALE: 1"=60'
ENGINEERING / LAND SURVEYING
/ PLANNING / CONSTRUCTION SERVICES
ti
EXHIBIT C
Warranty Deed
WARRANTY DEED
THIS INDENTURE WITNESSETH, THAT Waggoner Farms Development, L.P., an Indiana
limited partnership of St. Joseph County, in the State of Indiana,
CONVEY(S) AND WARRANT(S) TO THE CITY OF SOUTH BEND, STATE OF 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
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 in fee simple and
not merely for right-of-way purposes, and no reversionary rights whatsoever are intended to
remain in the Grantor(s).
The undersigned person executing this Warranty Deed represents and certifies that the
undersigned is the General Partner of the Grantor and has been fully empowered by proper
resolution or other action of the Grantor to execute and deliver this deed, and all other
instruments of transfer, for and on behalf of the Grantor; that the Grantor 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 Grantor 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.
Dated this day of
WAGGONER FARMS DEVELOPMENT, L.P.
tpouire
Priule Namc and hi e
Page I of 2
2006.
ignature
Printer Name mid Tif e
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY }
Before me, the undersigned, a Notary Public, in and for said County and State, personally
appeared and known to me to be the
and respectively of Waggoner Farms Development, L.P.
and acknowledged the execution of the foregoing Warranty Deed.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal on the day of 52006.
, Notary Public
Residing in St. Joseph County, Indiana
Prepared by Shawn E. Peterson, Assistant City Attorney
I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Security
number in this document, unless required by law. (name)
Page 2 of 2
EXIIIi BIT A
Legal Description for Warrant Deed
SHEET 1 OF 2
EXHIBIT A
LEGAL DESCRIPTION — DYLAN DRIVE EXTENSION
TOWNSHIP,F CITY OFBEND,
QUARTER
B D RST.RJOSEPHCCOUNTY, NDIANA, MORE PARTICULARLY TION 17, TOWNSHIP 38 NORTH, RANGE 2DESCRIBEDRN THE NRTHWEST OF 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, SAID LINE AS BEING THE
CENTERLINE OF ADAMS ROAD, A DISTANCE OF 607.05 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES
55 SECONDS WEST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89
DEGREES 55 MINUTES 03 SECONDS EAST, 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 SOUTH 45 DEGREES 15 MINUTES 26 SECONDS WEST HAVING A DISTANCE OF 46.33
FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 49.24 FEET TO THE POINT OF
CURVATURE OF A REVERSE CURVE, CONCAVE NORTHWEST, HAVING A RADIUS OF 735.00 FEET, BEING
SUBTENDED BY A CHORD BEARING SOUTH 21 DEGREES 31 MINUTES 14 SECONDS WEST HAVING A
DISTANCE OF 271.61 FEET; THENCE SOUTHWESTERLY 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, WESTH HAVING AEING DISTANCEENOF D BY A 371 37 FEETRTHBENCEING SOUTH 15 SOUTHWESTERLYGREES ALONGSSADINUTES 15 SECONDS
CURVE, A
DISTANCE OF 376.37 FEET; THENCE SOUTH 00 DEGREES 15 MINUTES 35 SECONDS EAST, A DISTANCE
OF 1864.70 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17, SAID LINE
DALSO EGREESIN57 MINUTES T13 LINE OF THE U. 31 SECONDS WEST ALONG DSAID SOUTH R INEUADIDISTOANCE OF THENCE
70.00NORTH
9 FEET,
DEGREESTHENCE NORTH 00 MINUTES SECONDS WEST,
P INT OF CURVATURE OF A TANGENTURVE,CONCAVESF
SOUTHEAST, HAVING A RADIUSOFT0 735.00 E
FEET, BEING SUBTENDED BY A CHORD BEARING NORTH 15 DEGREES 57 MINUTES 15 SECONDS EAST
HAVING A DISTANCE OF 410.46 FEET; THENCE NORTHEASTERLY 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 NORTH 22 DEGREES 51 MINUTES 38
SECONDS EAST HAVING A DISTANCE OF 215.11 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, A
DISTANCE OF 216.06 FEET TO THE POINT OF CURVATURE OF A COMPOUND CURVE, CONCAVE
SOUTHWEST, HAVING A RADIUS OF 41.00 FEET, BEING SUBTENDED BY A CHORD BEARING NORTH 38
DEGREES 01 MINUTES 37 SECONDS WEST HAVING A DISTANCE OF 64.24 FEET; THENCE
NORTHWESTERLY 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 EASTERLY RIGHT—OF—WAY SHOWN ON
INDOT PLANS FOR PROJECT ST—F--720(25), DATED 1969 (U.S. 20/31 BYPASS); THENCE NORTH 00
TOG-TNES04 PQ N'T OFTES BEG N6 ING;; SAIID SECONDS DESCRIB Eo GRAGID ON-fAI INGW4-408 ADISTANCE
CRES, MORE OR5 ESS.FEET
SUBJECT TO ALL EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT--OF—WAY OF RECORD.
REVISED LEGAL DESCRIPTION 7/5/06 & 7
PROPOSED DYLAN DRIVE EXTENSION
THROUGH
WAGGONER'S
PROPERTY
DATE: 06-21-06 1 SCALE: 1"=200'
MN ABONMARCHE CONSULTANTS, L.L.C.
750 Lincoln Way East
South Bend, Indiana 46601
(574) 232-8700
FAX; (574) 251-4440
Fort Wayne, Indiana
Benton Harbor, Michigan
Manistee, Michigan
ENGINEERING / LAND SURVEYING / PLANNING / CONSTRUCTION SERVICES
SHEET 2 OF 2
EXHIBIT A
S89'55'03"E 607.05'
L9��
ACCESS ROAD L8
R/w C6
P.O.C.
HARRISON MON. PROPERTY BOUNDARY
NW COR. OF THE NW 1/4
SEC 17, T38N, R2E,
GERMAN TOWNSHIP,
CITY OF SOUTH BEND.
ST. JOSEPH COUNTY, INDIANA
v
v
LINE TABLE
LINE
LENGTH
BEARING
L1
20.00'
S00'04'56"W
L2
243.34'
N89'55'03"W
L3
83.89'
S79'39'44"W
L4
140.63'
S32'10'05"W
70.00'
N89'57'13"W
AL
140.63'
N32'10'05"E
13.02'
N89'36'24"W
14.52'
S00'04'56"W
"I' o
Z U
to
0 7
z
J
2� W Ld
Ln
en t7 O O
eh a_ M
d O d
L2 [-
Do a om
z
70'
IMJu 'LR-VY BOUNDARY
EXISTING
U.S. 31 INDUSTRIAL PARK I DYLAIN STINDRIVE
1 L2 ADAMS ROAD
t3 NORTH LINE OF THE
I C1 NW 1/4, SEC 17, T38N, R2E
20' HALF APPARENT R/W
V�
PROPOSED DYLAN DRIVE R/W
TOTAL AREA
191,984 SFT
4.408 ACRES
SOUTH LINE OF THE
NW 1/4, SEC 17, T38N, R2E
CURVE DAjE
CHORDING
TANGENT
DELTA
FRVEJF
4632'01"W
28.07'
68'47'25"
271.61'14"W
138.18'
21'17'42"
371.37'15"W
193.38'
32*25'40"
C5
410.46''15"E
213.73'
32'25'40"
C6
665.00'
216.06'
215.11''38"E
108.99'
18'36'S5"
41.00'
73.82'
64.24'37"W
51.69,
103'09'35"
PROPOSED DYLAN DRIVE EXTENSION
THROUGH
WAGGONER'S
PROPERTY
DATE: 06-21-06 1 SCALE: 1"=200'
:N ABONMARCHE CONSULTANTS, L.L.C.
750 Lincoln Way East Fort Wayne, Indiana
South Bend, Indiana 46601 Benton Harbor, Michigan
(574) 232-8700 Manistee, Michigan
FAX: (574) 251-444G
ENGINEERING / LAND SURVEYING / PLANNING / CONSTRUCTION SERVICES
EXHIBIT D
Temporary Easement
TEMPORARY EASEMENT AGREEMENT
THIS INDENTURE WITNESSETH, 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, 1NDIANA,
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
ror 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
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 Farms, 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.
Dated this
day of
WAGGONER FARMS DEVELOPMENT, L.P.
,'ignawre
PrOzed Name and Tide
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
2006.
signature
11rinted Name an l'it e
Before me, the undersigned, a Notary Public, in and for said County and State, personally
appeared and , known to me to be the
and respectively of Waggoner Farms Development, L.P.
and acknowledged the execution of the foregoing Temporary Easement Agreement.
IN WITNESS WHEREOF, 1 have hereunto subscribed my name and affixed my official
seal on the day of 32006.
, Notary Public
Residing in St. Joseph County, Indiana
Page 2 of 3
WAGGONER'S DAIRY FARMS, INC.
Signature
Prinled None and I We
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY )
Signature
11onted Name and Ti! e
Before me, the undersigned, a Notary Public, in and for said County and State, personally
appeared and , known to me to be the
and respectively of Waggoner's Dairy Farms, Inc. and
acknowledged the execution of the foregoing Temporary Easement Agreement.
IN WITNESS WHEREON, I have hereunto subscribed my name and affixed my official
seal on the day of , 2006.
, Notary Public
Residing in St. Joseph County, Indiana
Prepared by Shawn E. Peterson, Assistant City Attorney
I affirm, under the penalties ofperjury, that I have taken reasonable care to redact each Social Security
number in this document, unless required by law. (name)
Page 3 of 3
EXHIBIT A
Legal Description for Temporary Easement Parcels
PARCEL I — TEMPORARY CONSTRUCTION EASEMENT — UTULITIES 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 I0 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 I5 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
NORTI-1WEST QUARTER; TFIENCE NORTH 89 DEGREES 57 MINUTES 13
SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 195.00 FEET;
THENCE NORTH 00 DEGREES 15 MINUTES 35 SECONDS WEST, A DISTANCE
OF 1864.01 FEET TO TFIE 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 MQVUTES 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
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 T17IAT 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 27 L61 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
DtSTANCE O 70.00 F'CET; THENCE NORTH 00 DEGREES 15 MINUTES 35
SECONDS WEST, A DISTANCE OF 1,864.33 FEET TO THE 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; TFIENCE
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 1 OF 1
P.O.C.
NW CORNER OF THE
NW 1/4, SEC. 17,
T38N, R2E
ROW HARR. MON.
S89'55'03"E 607.05'~
NORTH LINE OF THE
NW 1/4, SEC. 17-
- T38N—R2E J
ROW
( IN FEET )
1 inch = 20D fL
CURRffT Y OR PREVIOUSLY
WAGGO ER'S DAIRY FARMS, INC. G
1402 KESSLER BOULEVARD n�
SOUTH BEND, IN 46616 U ��
it
CURRENTLY OR PREVIOUSLY !�
WAGGONER FARMS DEVELOPMENT, L.P. f, 0
227 SOUTH .MAIN ST. SUITE 300
SOUTH (BEND, IN 46601 11
20.0o'
� II
30.00'
d"
z II
60.00' I
0 � LL
: 3 to I I E
I- Ln
— - Ld1,j o II
o r 1I
Z
10, UTILI EASEMENT
SW COR., NW 1/4,
SEC. 17, T38N, R2E t
5/8" 0 IRF W% — N'S
CAP (ILLEGIBLE) EXISTING
DYLAN D 41
(60' ROWW))
CURVE DATA TABLE
P.O.B.
TEMPORARY EASEMENT
ADJACENT TO DYLAN
DRIVE
_ ROW
_ADAMS ROAD
ROW
15' UTILITY EASEMENI
-TOTAL AREA
TEMPORARY EASEMENT
ADJACENT TO DYLAN DRIVE
t7.174 AC.
30' LANDSCAPE AND
NON —VEHICULAR ACCESS
EASEMENT
CURRENTLY OR PREVIOUSLY
WAGGONER FARMS DEVELOPMENT, L.P.
\ 227 SOUTH MAIN ST. SUITE 300
SOUTH BEND, IN 46601
CURRENTLY OR PREVIOUSLY
kGGONER'S DAIRY FARMS, INC.
1402 KESSLER BOULEVARD
SOUTH BEND, IN 46616
SOUTH LINE OF THE NW 1/4
I — SEC. 17=T38N—R2E
3"W
J 5
U.S. 31 INDUSTRIAL PARK PHASE TWO
INSTR. fi0150153
f C;UHVE
RAMUS
I LENGTH
I CHORD I
BEARING
TANGENT
DELTA
f C1
790.00'
342.49'
339.82'
S19'44'54"W
173.98'
24'50'23"
C2
610.00'
34.5.24'
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'
N253345E
70.06'
13*12'40"
TEMPORARY EASEMENT
ADJACENT TO DYLAN DRIVE
NW 1/4, SEC. 17-T38N-R2E
DATE: 08-01-06 1 SCALE: 1"=200'
C0 ABONMARCHE CONSULTANTS, L.L.C.
750 Lincoln Way East Fort Wayne, Indiana
South Bend, Indlano 46601 Benton Harbor, Michigan
(574) 232-8700 Manistee, Michigan
FAX: (574) 251-4440
ENGINEERING / LANO SURVEYING / PLANNING / CONSTRUCTION SERVICES
SHEET 2 OF 2
P.O.C.
NW CORNER OF THE NW 1/4,
SEC. 17, T38N, R2E
HARR. MON.
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WAGGONER'S DAIRY FARMS, INC.
70.00'
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SOUTH BEND, IN 46616
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NON -VEHICULAR ACCESS EASEMENT
CURRENTLY OR PREVIOUSLY
WAGGONER FARMS DEVELOPMENT, L.P.
227 SOUTH MAIN ST, SUITE 300
GRAPHIC SCALE
SOUTH BEND, IN 46601 60
a so 60 12(
( IN FEET )
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TEMPORARY EASEMENT QR ABONMARCHE CONSULTANTS, L.L.C.
FACILITY 750 Lincoln Way East Fort Wayne, Indiana
South Bend, Indiana 45601 Benton Harbor, Michigan
NW 1/4, SEC. 17-T38N-R2E (574) 232-8700 Manistee, Michigan
FAX: (574) 251-4440
DATE: 08-01-05 SCALE: 1"=60' ENGINEERING / LAND SURVEYING / PLANNING / CONSTRUCTION SERVICES