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Home My WebLink About#3196- Deed; TEMPORARY EASEMENT AGREEMENT A part of Lot No. 1 as the said lot is known and designated on the plat of Dobson's Minor Subdivision - Portage Rd. Project 98-74/120(0'7 3/ Temporary Easement Agreement 25-1006-0286-17 LOT NO. 1 SUB: Dobson's Minor Sub B&R Oil Co. 3301 Portage Avenue Description: A part of Lot No. 1 as the said lot is known and designated on the plat of Dobson's Minor Subdivision - Portage Rd. Project 98-74 RECORDED AS PRESENTED ON 03/06/2007 10:01:02AM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $18.00 PROJECT: STP-S270(001) PAGES' 4 PARCEL: 34 TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT B & R Oil Co., Inc. 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 Tile 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 properly and/or lawn grading 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 rading 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 making of this conveyance has been duly taken. Dated this day of �`` u sT� , 2005. I affirm under the penalties for perjury that I have taken reasonable care to redact each ois by Security Number in this document, unless required B & R Oil Co. Inc. (name) B �l 2 (Signature) William Shaver Executive Vice President (Printed Name and Title) Page 1 of 2 STATE OF INDIANA COUNTY OF ST. JOSEPH Before me, SS: a Notary Public in and for said County and State, this Jday of 2005, personally appeared William Shaver Executive Vice and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal. My Commission Expires: ° '14-�% L114 (� Notary ublic County of Residence �Jui- /UA This instrument prepared by: John R. Livingston, Assistant City Attorney �Es;s;pttcr,r�i, A. a o JKL A.1l MATT po liD. St -me of County of Lenavv(: ..MOOMMISelon Expires fiefs. ,e,, M hftC. of _L ri.4-�.�...._... Page 2 of 2 e PARCEL NO. 34 SURVEY SKETCH PORTAGE AVENUE IMPROVEMENT PROJECT CITY OF SOUTH BEND. IND16NA OWNER(S): 8 At R OIL CO., INC. MAILING ADDRESS: 227 CLEVELAND ROAD GRANGER, INDIANA 46530 DOCUMENT NO.: 0024286 TYPE: WARRANTY DEED RECORDING DATE: 05-22-20DO PROJECT PARCEL NO.: 34 COUNTY TAX 10 NO,: 25-1006-0286.17 TEMPORARY RIGHT OF WAY 369 F. i0.008 ACRE ` SEC. a \ 1T PORTAGE PLACE APARTMENTS \ j11 - INSTR. NO. 8513274 { .AYCS R. A SANDRA K. MACHOWAK \ 4 DOCUMENT JD422595 I \ 1 cy y wCRC55-EGRESS FASCMCNI 1_ _ — _ _ _ _ If / LOT 2 I \1\ DOBSON'S MINOR SUBOUISION \\ DOCUMENT NO 920�527 JIWCS R. A SANORA K. MAC1 O—K I I \ DOCUMENT J912764D I I \ I s, LOT I \ B 6 R OIL.. wC. \,\ DOCUMENT J0024285 1 I I TEMPORARY ROW I I 16. 161 369 S.F. t 0.DO8 ACRE MOST -EASTERiY CORNER LOT 1 J, 1 ------1-+----- _ _ -- L, LOT "A" \ LINE DATA NUMBER DIRECTION DISTANCE PORTAGE PLACE APARTMENTS. FIRST REPLAT LI 566?39'S6'w 7,T7• DOCUMENT N0, 9910322 L2 N66?29'3TE 7.47' \ti\ OwCLECO n 11M11C0 PAR1xCRyVP LFG s p ea R-RECORD SCAB r>-5.&' c�fO,�' <'-J t &V- -RIGHT OF WAY PARCEL DATE` JUNE 20, 2004 JOB f.04-04B ®-TEMPORARY R/W PARCEL DRW /: B04-42-34 e DRAVN BY O.CS ROW -RIGHT OF WAY 7 GRAPHIC SCALE n e u a u (IN FEET) i—I »a— t �Hc?oy��cwP SHEET I OF 2 67f, frl96 DOCUMENT J8676412 b17, C. S9 C4' �'I S?Fn V No, S 0484 7' STATE OF 'AD. 04 7�D SVRN� I, the undersigned, on Indiana Regislered Lond Surveyor hereby cotill thol on the dale 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, PARCEL NO. 34 LEGAL 'DESCRIPTION 0 rAGE AVENUET PROJECT CITY OF SOUTH BEND, NER{5) B & R OIL CO INC TEMPORARY RIGHT OF WAY MAILING ADDRESS: 227 CLEVELAND ROAD GRANGER, INDIANA 46530 DOCUMENT NO.: 0024286 TYPE: WARRANTY DEED RECORDING DATE: 05--22-2000 PROJECT PARCEL NO.: 34 COUNTY TAX ID NO.: 25-1006-0286.17 A PART OF LOT NUMBER ONE (1) AS THE SAID LOT IS KNOWN AND DESIGNATED ON THE PLAY OF DOBSON'S MINOR SUBDIVISION, A SUBDIVISION IN GERMAN TOWNSHIP, ST, JOSEPH COUNTY, INDIANA; SAID PLAT BEING RECORDED AS DOCUMENT NUMBER 9204527 IN THE RECORDS OF THE ST. JOSEPH COUNTY RECORDER'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT NUMBER ONE (1); THENCE ON AN ASSUMED BEARING OF SOUTH 66 DEGREES 39 MINUTES 56 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID LOT NUMBER ONE (1), A DISTANCE OF 7.17 FEET; THENCE NORTH 23 DEGREES 30 MINUTES 24 SECONDS WEST, A DISTANCE OF 50.45 FEET; THENCE NORTH 66 DEGREES 29 MINUTES 37 SECONDS EAST, A DISTANCE OF 7.47 FEET TO THE EASTERLY LINE OF SAID LOT NUMBER ONE (1); THENCE SOUTH 23 DEGREES 10 MINUTES 30 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 50,47 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION CONTAINING 369 SQUARE FEET OR 0.008 OF AN ACRE, MORE OR LESS, BEING SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. �Y s C. e4�84No.SOOFa STATE ` �p�, . ,SUR SHEET 2 OF 2 DATE. JUNE 10, 2004 JOB: 04-046 DRW #: B04-42-34 Brads-Ko Engineering & Surveying, Inc. 1009 South Ninth St. Goshen, IN 46526 �" regor h c RLS. Phone 574 533-9913 Fax 574 533-9911 jc esident