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Home My WebLink About#3199- Deed; TEMPORARY EASEMENT AGREEMENT A Part of Lot Number 51 as the Said lot is Known and Designated on the Plat of Highland Estates Subdivision, Second Section , a Subdivision in German Township3 99 3/6 2007 Temporary Easement Agreement 25-2221-8274 LOT NO.51 SUB: Highland Estates Sub Borden, James Representative of the Estate of Joan C. West 2807 Portage Avenue Description: A Part of Lot Number 51 as the Said lot is Known and Designated on the Plat of Bighland Estates Subdivision, Second Section , a Subdivision in German Township 2 RECORDED AS PRESENTED ON 1 affitall under the penalties for perjury, that I have taken 03/06/2007 10:00:57AM reasonable rare to redact each Social Security number TERRI J. RETHLAKE in this document, unless to wired by law (name) ST. JOSEPH COUNTY RECORDER J 1ir t!-c'r REC FEE: S16.00 PROJECT: STP-S270(001) PAGES: 3 PARCEL: 20 TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT James C. Borden Personal Re resentative of The Estate of Joan C. West 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(s') private property 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 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 ►2 day of 131�, 2005. 1 7- The Estate of Joan C. West t rf B / (Signs uI James C. Borden Personal Representative (Printed Name and Title) STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) ROY A. BUSKIRK AIIenCounty a• s u •:, My Commission Expires "'� '"•' ` March 13, 2009 Before me, the undersigned, a Notary Public in and for said County and State, this day of 2005, personally appeared James C. Borden, Personal Representative of The Estate of Joan C. West , being over the age of eighteen (19), and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal. My Commission Expires: Notary Pu c County o esidence This instrument prepared by: John R. Livingston, Assistant City Attorney Exhibit "A" PARCEL NO. 20 SURVEY. SKETCH AVENUEPORTAGE T PROJECT CITY OF SOUTH BEND. INDIANA OWNER(S): JOAN C. WEST MAILING ADDRESS: 2807 PORTAGE AVENUE SOUTH BEND, INDIANA 46628 DOCUMENT NO.: 8716761 TYPE: WARRANTY DEED RECORDING DATE: 06-03-1987 PROJECT PARCEL NO.: 20 COUNTY TAX ID NO.: 25-2221-8274 51 JOAN C. WEST DOCUMENT #8716761 idNE ]DATA NUMBER DIRECTION DISTANCE Li S6718'30'W 10.18 L2 N21'32'45"W 31.72' L3 N69'36'O i "E 9.05' L4 S23'36'33-E 31.35' G\S - S No. S 04B4 STATE OF SHEET 1 OF 2 p.0•H. / ''w at TEMPORARY ROW PARCEL '4. 303 S.F. ±0.007 ACRE SOUTHEAST \ CORNER LOT #51 LEGEND M-MEASURED R-RECORD =-TEMPORARY R/W PARCEL ROW -RIGHT OF WAY TEMPORARY' RIGHT OF WAY TOTAL AREA 303 S.F. t0.007 ACRE 2 SCALE.• 1 `30' DATE.' JUNE 10, 2004 JOB # 04 4fi DRIP B04-42-20 \ \ DRAWN BY C.C.S. 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 Phone 574 533-9913 Fax 574 533-9911 PARCEL NO. 20 LEGAL DESCRIPTION AVENUEPORTAGE O aQJECT CITY OF SOUTH BEND IND OWNER(S): JOAN C. WEST MAILING ADDRESS: 2807 PORTAGE AVENUE SOUTH BEND, INDIANA 46628 DOCUMENT NO.: 8716761 TYPE: WARRANTY DEED RECORDING DATE: 06-03--1 987 PROJECT PARCEL NO.: 20 COUNTY TAX ID NO.: 25---2221-8274 TEMPORARY RIGHT OF WAY A PART OF LOT NUMBER FIFTY-ONE (51) AS THE SAID LOT IS KNOWN AND DESIGNATED ON THE PLAT OF HIGHLAND ESTATES SUBDIVISION, SECOND SECTION, A SUBDIVISION IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA; SAID PLAT BEING RECORDED IN PLAT BOOK 21, PAGE H2 OF THE RECORDS OF THE ST. JOSEPH COUNTY RECORDER'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FO LLOWS : COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT NUMBER FIFTY—ONE (51)• THENCE ON AN ASSUMED BEARING OF NORTH 23 DEGREES 36 MINUTES 33 SECONDS WEST ALONG THE EASTERLY LINE OF SAID LOT NUMBER FIFTY—ONE (51), ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF PORTAGE AVENUE, A DISTANCE OF 29.49 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 67 DEGREES 18 MINUTES 30 SECONDS WEST, A DISTANCE OF 10.18 FEET; THENCE NORTH 21 DEGREES 32 MINUTES 45 SECONDS WEST, A DISTANCE OF 31.72 FEET; THENCE NORTH 69 DEGREES 36 MINUTES 01 SECOND EAST, A DISTANCE OF 9.05 FEET TO THE EASTERLY LINE OF SAID LOT NUMBER FIFTY—ONE (51); THENCE SOUTH 23 DEGREES 36 MINUTES 33 SECONDS EAST ALONG THE EASTERLY LINE OF SAID LOT NUMBER FIFTY—ONE (51), ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF SAID PORTAGE AVENUE, A DISTANCE OF 31.35 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION CONTAINING 303 SQUARE FEET OR 0.007 OF AN ACRE, MORE OR LESS, BEING SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. ��.0 S"p�STE,Q�NRoS O4�. STATE OF jS\1 AD % SHEET 2 OF 2 DATE: JUNE 10, 2004 JDB #: 04-046 DR f: B04-42-20 Brads-Ko Engineering & Surveying, Inc. 1009 South Ninth St. Goshen, IN 46526 ' . " G egor S ck, RLS. 50484 Phone 574 533--9913 Fax 574 533-9911 esfdent