HomeMy WebLinkAbout#3203- Deed; PARTIAL RELEASE OF MORTGAGE WARRANTY DEED TEMPORARY EASEMENT AGREEMENT Northeast Quarter of section 12, Township 37 North, Range 2 East of the Second Principal Meridian in Portage Township32
4/3/ 007
Partial Release of Mortgage/Warranty Deed/Temporary Easement
Agreement
LOT NO.
SUB: Samuel L. Cottrell's 1st Addition to Lowell
Fisher, Leonard M.
Eddy Street
Description:
Northeast Quarter of section 12, Township 37 North, Range 2 East
of the Second Principal Meridian in Portage Township
�0 pARTIAL RELEASE OF MORTGAGE
U
This is to certify that for value received, the mortgage executed by Leonard M. Fisher to Notre
Dame Federal Credit Union, dated October 2, 2005 and recorded on October 31, 2005 as
Recordinb No. 0550336 in the County of St. Joseph, State of Indiana, is hereby released solely as
to the following described real estate.
See Attached Exhibit "A"
M WITNESS WHEREOF, Mortgagee(s) aforesaid, have hereunto executed this Partial
Release of Mortgage this 14th day of March, 2007.
Notre Dame F 1 1 redit Union
Eric J. Oswald, Asst.V. ortgage
STATE OF INDIANA )
ss:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for the said County and State, came,
Eric J. Oswald , who acknowledged the execution of the above Partial Release of Mortgage.
WITNESS my hand and Notarial Seal this 14th day of March, 2007.
My ommission expires: 03-07-09 El'
THERESAPARKINS
5t. Joseph County
..My Commisslon Expiras
�^^ March 7, 2009
heresy Parkins, Notary Signature
County of St. Joseph, State of Indiana
Instrument was prepared by: Theresa Parkins, Notre Dame Federal Credit Union
P.O. Box 7878, Notre Dame, Indiana 46556
I affirm, under penalties for perjuiy, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law.
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EXHIBIT "A"
FISHER �PARCJ�3LPERMANENTWAY
A PARCEL OF LAND LOCATED IN TIIE NORTHEAST QUARTER OF SECTION 12,
TOWNSHIP 37 NORTH, RANGE 2 EAST OF TIIE SECOND PRINCIPAL MERIDIAN IN
PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTIC-
ULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT TIIE NORTHEAST CORNER OF BLOCK 16 AS SHOWN ON THE
RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT
BOOK "T", PAGE 236), NOW A PART OF THE CITY OF SOUTH BEND, INDIANA;
TIIENCE .SOUTH 00032'03" EAST (BASIS OF BEARINGS) ON THE EAST LINE OF
BLOCK 16, A DISTANCE OF 104.28 IiEET'TO TIIE SOUTHEAST CORNER OF A PARCEL
CONVEYED TO LEONARD M. FISHER IN DOCUMENT H9502939 AS FOUND 1N THE
OFFICE OF TIIE ST. 70SEPII COUNTY RECORDER; THENCE SOUTH 89°27'57" WEST,
ON THE SOUTH LINE OF THE FISHER PARCEL, A DISTANCE OF 4.00 FEET; THENCE
NORTH 00032'03" WEST, A DISTANCE OF 92.89 FEET; THENCE NORTH 51052'28
WEST, A DISTANCE OF 7.68 FEET; THENCE NORTH 37°4627" WEST, A DISTANCE OF
8.26 FEET TO THE NORTH LINE OF TPIE FISHER PARCEL; THENCE NORTH 89024'06"
EAST ON SAID NORTH LINE, A DISTANCE OF 15.00 FEET TO THE POINT OF
BEGINNING.
PARCEL CONTAINS 0.0111 ACRES MORE OR LESS.
�Lc 31itL1 2 OF 2 FOR
RECORDED AS PRESENTED ON
04/03/200*7 03:40:33PM
TERRI J . RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REG„FEE: $20.00
PAGES: 5
TEMPORARY EASEMENT AGREEMENT
THIS INDENTURE WITNESSETH, THAT Leonard M. Fisher (the "Grantor"), 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 person, on behalf of the Grantor, being duly sworn, says that the Grantor is the sole
owner of the above -described property, and said Grantor further represents 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 grading and will revert to the Grantor upon the
completion of said project. It is further understood and agreed that this conveyance transfers only the right
to make or construct said improvements on said lands and to use any material lying 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. 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 Gl -C 2007.
Leonard M. Fisher
Page l of 2
.•�i i\G�GV 1.h N n[JMV,, wiuC UNDER MY ,�i ��� --- ai. aai �acva�AL1L L'2V li I1V ICOMPLETED ON _9=7=V5_. CLASS X_ SURVEY R
ARTICLE 1, RULE 12. SEE SHEET 2 OF 2 FOR SUR al Of�
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared
Leonard M. Fisher, being over the age of eighteen (18) years, and, being duly sworn, acknowledged the
execution of the foregoing Temporary Easement.
IN WITNESS W HEREOF, I have hereunto su MJosephCoun
V
at seal on the
_,tot
(p day of qa rM , 2007.
sidin
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." Shawn E. Peterson
Page 2 of 2
PLAT OF SURVEY 3A
Lxhibit "A" for
- - -�� _— - ----- - FISHER
SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST
PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA
COLFAX AVENUE (82.5' R/W)
(f )
(N89'24'06"E)
EXISTING COLFAX AVENUE
SOUTHERLY R/W
N 89'24'06"E
15.00'(C)
N 37'46'27"W
8.26'(C)
NORTH LINE _/ N51'52'28"W
FISHER PARCEL 7.68'(C)
PROPOSED TEMPORARY
LEONARD M. FISHER
DOC4 9502939
SCALE 1" = 20' v ti
cp vo,`�
PROPOSED R/W-`
EXISTING R/W
N 00'32'03"W
63.00'(C)
N 89'27' 57'
10.00'(C)
EAST LINE
BLOCK 16
SAtviUEL L. COTTRELL S `
1st ADDITION to LOWELL
Q° N00'32 03 W
BLOCK 10 22.00'(C)
N0032'03"W
92.89'(C)
SOUTH LING
FISHER PARCEL S89'27'57"W
10.00'(C)
N00'32'03"W
12.68'(C)
S89-27'57"W
6.00'(C)
HATCH LEGEND
RICHARD D. AND KENNETH A.
P.O.B. 3A
PERMANENT
rf`
RAW
FIEBARD
DOC.# 9009684
S89'27'57"W
4.00'(C)
TEMPORARY
R/W
APPROXIMATE EAST LINE OF SECTION 12_/
(CREATED FROM PLATTED
DIMENSIONS)
f .O.C. 3A
NE CORNER
BLOCK 16
SAMUEL L.
COTTRELL'S
1 st ADDITION
to LOWELL_
— P.O.B. 3 I
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(F-)
I HERESY CERTIFY THAT TO TIME BEST Or MY INFORMATION. KNOWLEDGE AND BELIEF
TI.1— �— TERRITORIAL
„
E WITTi1N PLAT- REPRESENTS A SURVEY MADE UNDER MY l[1N AND I 1 E' RRI T ORIAL EliGIN EERItL'F G,
COMPLETED ON _9-7-D5 CLASS _L_ SURVEY P ,. IJ �C
ARTICLE 1, RULE 12. SEE SHEET 2 OF 2 FOR SUR 0
` Af.
VAN II. JANOVIC R0EIERT S. A
L.S. S0911 L.S. 20200024
v' J
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20'200024
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ZSHECT
2005
1 OF x3
WALKERTON INDIANA
L- EGENp
).R. - DEED RECORD-BOOK/PAGE
❑ WOOD STAKE
= FOUND
O =IRON BOLT
S = SET
EOP = EDGE OF PAVEMLNT
R RECORDED
IF
R/W = RIGHT OF WAY
P = PIATfEO
OIIL = OVERHEAD LINES
M = MEASURED
A = POWER POLE
C = CALCULATED-X---X-- = EXISTING FENCE
* = DIMENSION NOT TO SCALE
P.O.B. = POINT OF BEGINNING
0 - RAILROAD SPIKE
P.O.C. = P01NT OF COMMENCING
D = IRON ROD
L< = MONUMENT
0 = IRON PIPE
I$( = NAIL
DATE: JOB NO.: FILE:
9-7-05 1 04121 C I SECTION
SURVEYOR'S REPORT
FOR
FISHER PARCI3LSX 3A)
Tl1E PURPOSE OF THIS SURVEY IS TO DETERMINE AN AREA FOR PERMANENT
AND/OR TEMPORARY EASEMENT AS PART OF EDDY, COLFAX, AND LASALLE
INTERSECTION IMPROVEMENTS PROJECT No.I-IES-9971 ON STATE ROAD 23 (EDDY
STREET).
).
TIIE EAST RIGHT-OF-WAY OF EDDY STREET NORTII OF LASALLE STREET WAS
ESTABLISHED FROM EXISTING MONUMENTATION F
PARCELS DESCRIBED IN DEED DOCUMENT #9608 37 ANDTDEEDTHECORNERDOCUMS��T
#8729658. THIS LINE WAS THEN EXTENDED SOUTH PAST COLFAX AVENUE.
119750386, DEED RECORD 437, PAGE
ADDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED DOCUMENT I88, DEED RECORD 674, PAGE 61, AND DEED
RECORD 680, PAGE 216 WERE USED 1N ESTABLISHING THE REMAINING EAST
RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALLE STREET.
THE WEST RIGHT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO
THE EAST RIGHT-OF-WAY OF EDDY STREET AT PLATTED DIMENSIONS NORTH OF
LASALLE STREET. THIS LINE WAS THEN EXTENDED SOUTH OF COLFAX AVENUE
AND WAS IN RELATIVE AGREEMENT W1TI-I MONUMENTS FOUND ON THE EAST
LINE OF LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST
ADDITION TO LOWELL (PLAT BOOK T, PAGE 236).
THE SOUTH RIGHT-OF-WAY OF COLFAX AVENUE, WEST OF EDDY STREET WAS
ESTABLISHED FROM EXISTING IVIONUMENTATION FOUND IN RELATIVE
AGREEMENT WITH LOT NO.16 OF TIIE RECORDED PLAT OF SAMUEL L.
COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236) AND TIIE
NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT
##97937.
THE NORTH LINE OF THE FISHER PARCEL WAS ESTABLISHED AS THE EXISTING
SOUTII RIGHT-OF-WAY LINE OF COLFAX AVENUE WEST OF EDDY STREET.
THE SOUTH LINE OF THE FISHER PARCEL WAS ESTABLISHED AS TIIE NORTH LINE
OF A PARCEL CONVEYED TO RICHARD D. AND KENNETII A. IIEBARD IN
DOCUMENT #9009684 IN THE OFFICE OF TIIE ST. JOSEPH COUNTY RECORDER.
THE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISHED FROM PRELIMINARY
IND.IANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE
ES-9971).
INTERSECTION IMPROVEMENT DRAWINGS (PROJECT No. H
THE DEGREE OF UNCERTAINTY IS AS FOLLOWS:
THEORETICAL - 0.5 (CLASS "C" SURVEY)
TITLE - NONE
MON UMENTATION - THE EAST LINE OF SECTION I2, TOWNSHIP 37 NORTH,
RANGE 2 EAST OF TIIE SECOND PRINCIPAL MERIDIAN
WAS NOT DETERMINED FOR Tars suRvry UUL-; TO A
LACK OF SFCTTON CORNER INFOi2MATSON.
MONUMENTS USED IN ESTABLISHING RIGHT-OF-WAY
LOCATIONS VARY FROM PLATTED AND RECORDED
DIMENSIONS BY AS MUCH AS 1.8'± NORTHJSOUTI-I AND
1.3'_ - EASTIWEST.
POSSESSION - NONE
TCRRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
SEPTEMBER 7, 2005
04-121C
SHEET 2 OFZ 3
PROPOSED DESCRIPTION
FOR
FISIIER PARCEL 3)
PERMANENT RIGI-IT-OF-WAY
A PARCEL OF LAND Lb- VTED IN TIIE NORTHEA� QUARTER OF SECTION 12,
TOWNSHIP 37 NORTH, RAN6.0 2 LAST OF TIIE �EC NND PRINCIPAL MERIDIAN IN
PORTAGE TOWNSHIP, S1'. 305 'PIi COUNT}'/ INDIANA BEING MORE. PARTIC-
ULARLY DESCRIBED AS FOLLOW ,�
BEGINNING AT THE NORTHEAST (� ER OF BLOCK 16 AS SHOWN ON TI-IE
RECORDED PLAT OF SAMUEL L. TI'ILEL FIRST ADDITION TO LOWELL (PLAT
BOOK "T", PAGE 236), NOW ART OF TH CITY OF SOUTH BEND, 1NDIANA;
THENCE SOUTH 00°32'03" - ST (BASIS OF 13EAy rNGs) ON THE EAST LINE OF
BLOCK 16, A DISTAEs
S� 104.28 FEET TO TIIE SOU EAST CORNER OF A PARCEL
CONVEYED TO LEOItD M. FISRFR IN DOCUMENT t 02939 AS FOUND IN THE
OFFICE OF TIIE ST//EPII COUNTY RECORDER; TIIENC OUTI-I 89°27'57" WEST,
ON TIIE SOUTH LINE OF THE FISIII~R PARCEL, A DISTANCE 4.00 FEET, TIEE;
INC
NORTH 00°3 3" WEST, A DISTANCE OF 92.89 FI31✓T; TI�IENCL i0RT1I 51 °52'28
WEST, A TANCE OF 7.68 FEET; THENCE NORTH 37°46'27" WEST, A ISTANCE OF
8.26 F � TO THE NORTH LINE OF THE FISHER PARCEL; THENCE NOR 3 89°24'06"
EA ON SAID NORTH LINE, A DISTANCE OF I5.00 FEET TO TIIE
GINNING. T OF
PARCEL CONTAINS 0.0111 ACRES MORE OR LESS.
PROPOSED I)ESCRIPTION
FOR
FISIIER PARCEL 3A
TEMPORARY RIGHT-OF-WAY
A PARCEL OF LAND LOCATED IN TIIE NORTHEAST QUARTER OF SECTION I2,
TOWNSHIP 37 NORTH, RANGE 2 EAST OF TI-IE SECOND PRINCIPAL MERIDIAN IN
PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTIC-
ULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST COINER OF BLOCK 16 AS SHOWN ON TIIE
RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT
BOOK "T", PAGE' 236), NOW A PART OF TIIE CITY OF SOUTH BEND, INDIANA;
THENCE SOUTH 00032'03" EAST (BASIS OF BEARINGS) ON TIIE EAST LINE OF
BLOCK 16, A DISTANCE 01, 104.28 FEET TO TIIE SOUTIIEAST CORNER OF A PARCEL
CONVEYED TO LEONARD M. FISHER 1N DOCUMENT #9502939 AS FOUND IN TI-r1=
OFFICE OF TIIE ST. JOSEPI-I COUNTY itr coRDLIi; 'rrjL C ON TII1 SOCJTi-i 112VC pi -rc-lu risiIvst r aQZ'L.. 5ousrll 89.27-57" Wr_ST, A DISTANCE OF 4.00 FLGT 7'O 7IIL'
PC)TNT Or BEGINNING; TI]ENCC SOUTH 89-27'57" WEST, A DISTANCE OF 6.00 FEET;
THENCE NORTI-I 00032'03" WEST, A DISTANCE OF 12.68 FEET; TIIENCE SOUTH
89°27';' T' WEST, A MSTANCE' OF i 0,00 FEET; TRENCE NFORTH 00'32'03" WEST, A
DISTANCE OF 22.00 FEET; TIIENCE NORTH 89°27'57" EAST, A DISTANCE OF 10.00
FEET; TIIENCE NORTH 00°32'03" WEST, A DISTANCE OF 63.00 FEET; THENCE
SOUTH 51052'28" EAST, A DISTANCE OF 7.68 FEET; TIIENCE SOUTH 00°32'03" EAST,
A DISTANCE OF 92.89 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 0.0182 ACRES MORE OR LESS.
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
04-121C
REVISED
SEPTEMBER 7, 2005
SIIEE T;I'OF,Y
3
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tfia�S't�f �
Taxing Unit
Mle
�v
WARRANTY DEED
RECORDED AS PRESENTED ON
04/03/2007 03:40n31PPI
TERRI J, RETHLAKE
ST, JOSEPH COUNTY
RECORDER
REC FEE; $25,00
PAGES: 5
THIS INDENTURE WLTNESSETH, TFLAT Leonard NI. Fisher, being over the age of eighteen (18)
years, of St. Joseph County, in the State of Indiana,
CONVEY AND WARRANT TO THE CITY OF SOUTH BEND, STATE OF INDLANA
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
Grantors herein agree to pay all real estate taxes and assessments levied or assessed against the above -
designated real estate prior to the date of this deed.
Grantors hereby convey 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
Grantors.
Dated this (P day of _tu , 2007.
Leonard M. Fisher
Page 1 of 2
DULY ENTERED FOR
FMCHAEL C. EBY
J0!3t1'r l CO. INDIANA
K I
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public, in and for said County and State, personally
appeared Leonard M. Fisher, being over the age of eightee8)eing duly sworn, ack the
execution of the foregoing Warranty Deed.
IN WITNESS WHEREOF, I have hereunto s me nd aff -ed m official s on
the JU!�_ day of HQ r , 2007.
//7hpffi 1S H. &JI Le Notary Pu
ng 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 Socia Security number in
this document, unless required by law." Shawn E. Peterson
PLAT OF SURVEY 3
Exhibit "A" for
` FISHER
SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST
PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA
N89'24'06"E
COLFAX AVENUE (82.5' R/W) 15.00'(C)
N 37'4.6' 27"W
(I) 8.26'(C) \
EXJS11NG COLFAX AVCNUL
SOU N IERLY R/W
NORTH LINE—/ N51'52'28"W
FISHER PARCEL 7.68'(C)
PROPOSED TEMPORARY R/W
LEONARD M. FISHER
DOCA 95029N
SCALE 1 " = 20'
PROPOSED R/W�
EXISTING R/W
141
N00*32'03"W --- co
63.00'(C) .0
N
O
N 89'2 7' 57"
10.00'(C)
EAST LINE
BLOCK 16
, SAMUEL L. corrRELL'S
1 `
st ADDITION to LOWELL
`v BLO u 1 NOO �� t ),W
N00'32 03"W,,-'
92.89'(C)
SOUTH LINE
FISHER PARCEL S89"27'S7"W
10.00'(C)
NOO'32'03"W
12.68'(C) S89'27'57"W
6.00'(C)
HATCH LEGEND RICHARD =KENNETH P.0.8. 3A
�'" `'.:' r> PERMANENT , 1.'"iRAW DO
S89'27'57"W
4.00'(C)
TEMPORARY
RAW APPROXIMATE EAST LINE OF SECTION 12__-,--'
(CREATED FROM PLATTED DIMENSIONS)
P.O.C. 3A
NE CORNER
BLOCK 16
SAMUEL L.
COTTRELL'S
1 st ADDITION
to LOWELL
I
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I FIERE13Y CERTIFY THAT TO THE BEST OF MY INFORMATION, KNOWLEDGE AND BELIEF �- ,,
TFIE WI71iIN PLAT REPRESENTS A SURVEY MADE UNDER MY 1 AND TERRITORIAL
IrNi�iN�EiciilG,
COMPLETED ON _9-7-85_J. CLASS _� SURVEY P I� LLC
ARTICLE 1, RULE 12, SEE SHEET 2 OF 2 FOR SUR _ ' W. O�� r. L
VAN H. JANOVIC ROGER f S. ALO . ' ❑v/ 'r([���M1��✓�j
L.S. SO411 L.S. 20200024 L-MBOSS SEy
No.
20200024
5"T.AIT,: (A'
WALKERTON
INDIANA
LEGEND
R.
DEED RECORD-BOOK/PACE
Cl e WOOD STAKE
F
=FOUND
O =IRON BOLT
"
S
SET
EOP = EDGE OF PAVEMENT
R
RECORDED
R/W = RIGIIT OF WAY
;zzP
m PLATTED
O}IL = OVERIIEAD LINES
!1
MEASURED
♦ = POWER POLE
`
C
= CALCULATED--X---X--
= EXISTING FENCE
*
= DIMENSION NOT TO SCALE
P.O.B. = POINT OF BEGINNING
0
RAILROAD SPIKE
P.O.C. - POINT OF COMMENCING
•
e IRON ROD
- MONUMENT
O
= IRON PIPE
I81 = NAIL
C/ f DATE:
G 2005
SHEET 1 OF Z.::l
JOB NO.: FILE:
04121 C I SECTION
"l:
Sl_1RVIvY0R'S REPORT
FOR
FISIIER PARCELS 3 &XI
Tl-IE PURPOSE OF TI113 SURVEY IS 'I'O DETERMINE AN AREA FOR PERMANENT
AND/OR TEMPORARY EASEMENT AS PART OF EDDY, COLFAX, AND LASALLE
INTERSECTION IMPROVEMENTS PROJECT No.HES-9971 ON STATE ROAD 23 (EDDY
STREET).
THE EAST RIGHT-OF-WAY OF EDDY STREET NORTH OF LASALLE STREET WAS
ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE CORNERS OF
PARCELS DESCRIBED IN DEED DOCUMENT 49608937 AND DEED DOCUMENT
//8729658. THIS LINE WAS THEN EXTENDED SOUTH PAST COLFAX AVENUE.
AIaDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED DOCUMENT
49750386, DEED RECORD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED
RECORD 680, PAGE 216 WERE USED IN ESTABLISHING THE REMAINING EAST
RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALLE STREET.
THE WEST RIGHT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO
THE EAST RIGIIT-OF-WAY OF EDDY STREET AT PLATTED DIMENSIONS NORTH OF
LASALLE STREET. THIS LINE WAS THEN EXTENDED SOUTH OF COLFAX AVENUE
AND WAS IN RELATIVE AGREEMENT WITH MONUMENTS FOUND ON TIIE EAST
LINE OF LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST
ADDITION TO LOWELL (PLAT BOOK T, PAGE 236).
THE SOUTH RIGHT -OF -WAX OF COLFAX AVENUE, WEST OF EDDY STREET WAS
ESTABLISHED FROM EXISTING MONUMENTATION FOUND IN RELATIVE
AGREEMENT WITH LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L.
COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236) AND THE
NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT
#97937.
TIIE' NORTH LINE OF THE FISHER PARCEL WAS ESTABLISHED AS TIIE EXISTING
SOUTH RIGHT-OF-WAY LINE OF COLFAX AVENUE WEST OF EDDY STREET.
TIIE SOUTH LINE OF THE FISHER PARCEL WAS ESTABLISHED AS TIIE NORTII LINE
OF A PARCEL CONVEYED TO RICHARD D. AND KENNETH A. HEBARD IN
DOCUMENT #9009684 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER
THE PROPOSED RIGHT-OF-WAY LINES WERE .ESTABLISHED FROM PRELIMINARY
INDIANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE
INTERSECTION IMPROVEMENT DRAWINGS (PROJECT No. HES-9971).
THE DEGREE OF UNCERTAINTY IS AS FOLLOWS:
THEORETICAL - 0.5 (CLASS "C" SURVEY)
TITLE - NONE
MONUMENTATION - THE EAST LINE OF SECTION 12, TOWNSHIP 37 NORTH,
RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN
WAS NOT DETERMINED FOR THIS SURVEY DUE TO A
LACK OF SECTION CORNER INFORMATION.
MONUMENTS USED IN ESTABLISHING RIGHT-OF-WAY
LOCATIONS VARY FROM PLATTED AND RECORDED
DIMENSIONS BY AS MUCH AS 1.8'i NORTH/SOUTIZ AND
1.3'± EAST/WEST.
POSSESSION - NONE
TERRITORIAL, ENGINEERING, LLC
WALKERTON, INDIANA
SEPTEMBER 7, 2005
04-121C
SHEET 2 OF Z3
PROPOSED DESCRIPTION
FOR
FISIIER PARCEL 3
PERMANENT RIGHT-OF-WAY
A PARCEL OF LAND LOCATED IN-1.1-IE NORTHEAST QUARTER OF SECTION 12,
TOWNSHIP 37 NORTH, RANGE 2 EAST OF TILE SECOND PRINCIPAL MERIDIAN IN
PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTIC—
ULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT TIIE NORTHEAST CORNER OF BLOCK 16 AS SHOWN ON THE
RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT
BOOK "T", PAGE 236), NOW A PART OF TILE CITY OF SOUTH BEND, INDIANA;
THENCE SOUTH 00-32.03" EAST (BASIS OF BEARINGS) ON THE EAST LINE OF
BLOCK 16, A DISTANCE OF 104.28 FEETTO THE SOUTHEAST CORNER OF A PARCEL
CONVEYED TO LEONARD M. FIS11C_It IN DOCUMENT #9502939 AS FOUND IN THE
OFFICE OF TIIE ST. JOSEPII COUNTY RECORDER; THENCE SOUTH 89°27'57" WEST,
ON THE SOUTH LINE OF THE- FISIIER PARCEL, A DISTANCE OF 4.00 FEET; THENCE
NORTH 00032'03" WEST, A DISTANCE OF 92.89 FEET; THENCE NORTH 51°52'28"'
WEST, A DISTANCE OF 7.68 FEET; THENCE NORTH 37°46'27" WEST, A DISTANCE OF
8.26 FEET TO THE NORTH LINE OF THE FISHER PARCEL; THENCE NORTH 89°24'06"
EAST ON SAID NORTH LINE, A DISTANCE OF 15.00 FEET TO THE POINT OF
BEGINNING.
PARCEL CONTAINS 0.0111 ACRES MORE OR LESS.
PROPOSED DESCRIPTION
FOR
FISIIER PARCEL 3A
TEMPORARY RIGI.IT-OF-WAY
A PARCEL OF LAND LO TED IN THE NORTHEAST QUAR R OF SECTION 12,
TOWNSHIP 37 NORTH, RAN , � 2 EAST OF THE SECOND P CIPAL MERIDIAN IN
PORTAGE TOWNSHIP, ST. JO PH COUNTY, INDIA BEING MORE PARTIC_
ULARLY DESCRIBED AS FOLLOW .
COMMENCING AT THE NORTHEAST C k
F 13LOCK 16 AS SHOWN ON THE
RECORDED PLAT OF SAMUEL L. COTTRELIRST ADDITION TO LOWELL (PLAT
BOOK "T", PAGE 236), NOW A PART 0'QTY OF SOUTH BEND, INDIANA;
THENCE SOUTI-I 00°32'03" EAST (13A 1 OF BEA GS) ON THE EAST LINE O
BLOCK 16, A DISTANCE OF I04.28 F T 1'O TIIE SOU •AST CORNER OF A PARCEL
CONVEYED TO LEONARD M. F IER iN DOCUMENT # 0293
9 AS IN THE
OFFICE OFTHE ST, IOSEPII TY RECORDER; THENCE Tl E SOUT ILINE OF
THE FISIIER PARCEL SO 11 89°27'57" WEST, A DISTANCE 4.00 FEET TO TR
POINT OF BEGINNING• T -IENCE SOUTH 89027'57" WEST, A DISTANQE OF 6.00 FEET;
THENCE NORTH 0 ° 2'03" WEST, A DISTANCE OF 12.68 FEET; TI NCE SOUTH
89°27"7" WEST, DISTAI':CI; OF 10,00 FEET; THENCE, ''ICiLT.I 00°32' " WEST, A
DISTANCE OF 2,00 FEET; THENCE NORTH 89°27'57" EAST, A DISTANCE • F 10.00
FEET; TI a CE NORTH 00°32'03" WEST, A DISTANCE OF 63.00 FEET; Tll
SOUTH 0 2'28" EAST, A DISTANCE OF 7.68 FEET; THENCE SOUTH 00°32'03" EASE',
A DI ANCE OF 92.89 FEET TO TIIE POINT OF BEGINNING.
ARCEL CONTAINS 0.0182 ACRES MORE Olt LESS.
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
04-121C
REVISED
SEPTEMBER 7, 2005
SI ILl~T/0F Y
3 �
�PFD-PS-PRESENIED ON
0' 40:31PM
TEJ` lNl J. RETHLAKE
ST. JOSEPF1 COUNTY
RECORDER
hEC FEE; $21.00
PAl3E_S: a
WARRANTY DEED
THIS .INDENTURE WITNESSETH, THAT Leonard M. Fisher, being over the age of eighteen (18)
years, of St. Joseph County, in the State of Indiana,
CONVEY AND WARRANT 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
Grantors herein agree to pay all real estate taxes and assessments levied or assessed a?ainst the above -
designated real estate prior to the date of this deed.
Grantors hereby convey 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
Grantors.
Dated this i iD day of 2007.
Leonard M. Fisher
Page I oft
DULL
4i to JOSS-[),, Co.
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public, in and for said County and State, personally
appeared Leonard N1. Fisher, being over the age of eighteen (l8) an eing duly sworn, ack the
execution of the foregoing Warranty Deed.
IN WITNESS WHEREOF, I have hereunto s s b dame nd affi ed official s on
the LP*� day of Ho , 2007.
w
�71 Dmtls H. " L4 Notary Pu
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 Socir
ecurity number in
this document, unless required by law." Shawn E. Peterson
PLAT OF SURVEY 3
Exhibit «A„ for
(:)
FISHER
SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST
PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA
COLFAX AVENUE (82.5' R/W) N 15 24.00' �c) E
N37.46W
(F) (N89'24'06"E) 8.26'( C)\
EXISTING COLFAX AVENUE
SOUTIIERLY R/W
NORTH LINE N51'52'28"W
FISHER PARCEL 7.68'(C)
PROPOSED TEMPORARY
PROPOSED
LEONARD M. FISHER EXISTING R/W
DOC.# 9502939
SCALE 1" 20' ��vE�ti\ti
GOB \'0
N00'32'03"W
63.00'(C)
N89'27'57"E
10.00'(C)
BLOCLIN6 K
SAMUEL L. COT'IRELL'S
1st ADDITION to LOWELL
N00 32' LOCK C)
1L N00'32'03"W,--'
92.89'(C)
SOUTH LINE
FISHER PARCEL S89 27 57 W
I0.00'(C)
N 00'32' 03"W
12.68'(C) S89'27'57"W
6.00'(C)
HATCH LEGEND
RICHARD D. AND KENNETH A. P.O.B. 3A
PERMANENT H EBARD
R/W DOC./f 9009684 S89'27'57°
4.00'(C)
TEMPORARY
R/W APPROXIMATE EAST LINE OF SECTION 12
(CREATED FROM PLATTED DIMENSIONS)
u
0
(F)
P.O.C. 3A
NE CORNER
BLOCK 16
SAMUEL L.
COTTRELL'S
1st ADDITION
to LOWELL
— P.O.B. 3
1
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z
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2 �I
n QI
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OI
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co
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01
W
I
I IIERESY CERTIFY THAT TO THE BEST OF MY INFORMATION. KNOWLEDGE AND BELIEF --
TmE WITHIN PLAT REPRESENTS A SURVEY MADE UNDER MY N AND T%FtRIi'GRt"tiL J;Ivixln7EEttiiil%i
COMPLETED ON 27_0 CLASS „C- SURVEY P
ARTICLE 1, RULE 12. SEE SHEET 2 OF 2 FOR SU � �0L(,C
VAN 11. JANOVIC ROBERT S. A
L.S. SO411 L.S. 20200024
No. b �_
2.0200024
57A'Ilt CA'
Cl/ 2005
SHED 1 OF13
WALKERTON INDIANA
LEGEND
1R. a DEED RECORD-GOOK/PAGE
❑
F = FOUND
WOOD STAKE
O
5 o SEE
= IRON BOLT
RECORDFp
EOP EDGE OF PAVEMENT
J�R
R/W RIGHT OF WAY
-MASURTrco
= MEASURED
OIIL - OVERIIEAO LINLS
C = GALCUI ATEO X
A = POWER POLE
.{= DIMENSION NOT TO SCALE
X- o EXISTING FENCE
I O.C'
_ RAILROAD SPIKE'
= POINT OF pECINNINC
P.O.C.
0 s IRON ROD
POINT OF COMMENCING
L�
O = IRON PIPE
- MONUMENT
351 = NAIL
DATE: JOB NO-:
FILE:
9-7--05 0412) C SECTION
SUR uiyoIZ'S REPORT
FOR
FISIILIt PARCELS 3 & �l
TIIE PURPOSE OF TIlIS SURVEY IS TO DETERMINE AN AREA FOR PERMANENT
AND/OR TEMPORARY EASEMENT AS PART OF EDDY, COLFAX
AND LASALLE
INTERSECTION IMPROVEMENTS PROJECT ND.I-IES-9971 ON STATE,
ROAD 23 (EDDY
STREET).
TIIE EAST RIGHT-OF-WAY OF EDDY STREET NORTH OF LASALLE STREET WAS
ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE CORNERS I✓RS OF
PARCELS DESCRIBED IN DEED DOCUMENT #9608937 AND DEED DOCUMENT
#8729658. THIS LINE WAS THEN EXTENDED SOUTH PAST COLFAX AVENUE.
ADDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED DOCUMENT
H9750386, DEED RECORD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED
RECORD 680, PAGE 216 WERE USE LD
RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALL STREET' HING THE- REMAINING EAST
THE, WEST RIGIIT-OF-WAY OF EDDY � � -
THE EAST RIGHT-OF-WAY OF STREET WAS ESTABLISHED PARALLEL TO
LASALLE EDDY STREET AT PLATTED DIMENSIONS NORTH OF
STREET. THIS LINE WAS THEN EXTENDED SOUTH OF COLFAX AVENUE
AND WAS IN RELATIVE AGREEMENT WITH MONUMENTS FOUND ON THE EAST
LINE OF LOT N0.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIR
ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). ST
TIIE SOUTH RIGHT-OF-WAy OF COLFAX AVENUE, WEST OF EDDY STREET WAS
ESTABLISHED FROM EXISTING IVIONUMENTATION FOUND IN RELATIVE
AGREEMENT WITH LOT N0.16 OF THECOTTRELL'S FIRST ADDITION TO LOWELL (PLATO BOOK PAT OF TLPAGEE 236 AND
L.
NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMTHE
ENT N
##9793 7.
TIIE NORTII LINE OF TIIE FISHER PARCEL WAS ESTABLISHED
SOUTIJ RIGHT-OF-WAY LINE OF COLFAX AVENUE WEST OF EDDY STREET.
THE SOTI-I LINE OF THE FISHER PARCEL WAS ESTABLISHED
OF A PARCEL CONVEYED TO RICIIARD D. AND KENNTH "A. NORTH
D BAR LINE,
DOCUMENT 119009684 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER IN
TIIE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISHED FROM PRELIM
INARY
INDIANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALL
INTERSECTION IMPROVEMENT DRAWINGS (PROJECT No. TIES-9971). I✓
THE DEGREE OF UNCERTAINTY IS AS FOLLOWS:
THEORETICAL - 0.5 (CLASS "C" SURVEY)
TITLE NONE
MONUMENTATION - THE, EAST LINE OF SECTION 12, TOWNSHIP 37
RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN
WAS NOT DETERMINED FOR THIS SURVEY DUI•; TO A
LACK OF SECTION CORNER INFORMATION.
MONUMENTS USED IN ESTABLISHING RIGHT-OF-WAY
LOCATIONS VARY FROM PLATTED AND RECORDED
DIMENSIONS BY AS MUCH AS 1.8'i NORTH/SOUTI-I AND
1.3'� EASTIWEST.
POSSESSION - NONE
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
SEPTEMBER 7, 2005
04-121C
SHEET 2 OF13
PROPOSED DESCRIPTION
FOR
FISHER PARCEL 3
PERMANENT RIGI-IT-Or- AY
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 12,
TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN IN
PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, .INDIANA BEING MORE PARTIC-
ULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST COINER OF BLOCK 16 AS SHOWN ON THE
RECORDED PLAT OF SAMUEL L. CO`1 RELL'S FIRST ADDITION TO LOWELL (PLAT
BOOK "T", PAGE 236), NOW A PART OF THE CITY OF SOUTH BEND, INDIANA;
TIIENCE SOUTH 00°32'03" EAST (BASIS OF ]BEARINGS) ON THE EAST LINE OF
BLOCK 16 A DISTANCE OF 104.28 FEET 1.0 THE SOUTHEAST CORNER OF A PARCEL
CONVEYED RE I.EONARD M. FISHER IN DOCUMENT #9502939 AS FOUND IN TIIE
OFFICE OF THE ST. JOSEPH COUNTY RECORDER; TIIENCE SOUTH 89027-57" WEST,
ON THE SOUTH LINE OF TILE FISIILiR PARCEL A DISTANCE; OF 4.00 FEET, THENCENORTH 00032'03" WEST, A DISTANCE OF 92?89 FEET, TITENCE, NORTH°
WEST, A DISTANCE OF 7.68 FEET; THENCE NORTH 37046'27" WET A DISTANCE OF
8,26 FEET TO TIIE NORTH LINE OF TILE FISHER PARCEL; THENCE NORTH 89°24'06"
EAST ON SAID NORTH LINE, A DISTANCE OF 15.00 FEET TO THE POINT OF
BEGINNING.
PARCEL CONTAINS 0.0111 ACRES MORE OR LESS.
PROPOSED DESCRIPTION
FOR
FISI E,RPARCEL3A
TEA�P MARY RrGI-IT-OF-WAY
A PARCEL OF LAND LO TED IN THE NOTHEAST QUAR R OF SECTION 12,
TOWNSHIP 37 NORTH, RAN • 2 EAST OF THE, SECOND P
PORTAGE TOWNSHIP, ST. 70 -PH COUNTY, MIA BEINGAMIL OR>�PARTIC-
ULARLY DESCRIBED AS FOLLOW .
COMMENCING AT THE NORTHEAST C(? NER F BLOCK 16 AS SHOWN ON THE
RECORDED PLAT OF SAMUEL L. COTTREL FIRST ADDITION TO LOWELL (PLAT
BOOK "T", PAGE 236). NOW A PART 0 II
THENCE SOUTH 00°32'03" EAST �TY OF SOUTH BEND, INDIANA;
BLOCK 16, A DISTANCE OF 104.28 F Af TO TIE SOUTNG AST CORNER O A PARCELN THE EAST
CONVEYED TO LEONARD M. F IER IN DOCUMENT # 02939 AS FOUND IN THE
OFFICE OF THE ST. JOSEPH TY RECORDER; THENCE THE, SOUTH LINE OF
THE FISHER PARCEL SO 1 89°27'S7" WEST, A DISTANCE
POINT OF BEGINNING ? -IENC'- SOUTH 89027'57" WEST A DISTA4 0 E Or, 6.00 0 FEET O )rE�T,
TIIENCE NORTH 0 ° 2'03" WEST, A DISTANCE OF 12.68 FEET
89°27'.".7" WV;2.00
DIST�:i• -CE OF 10.00 FEET; TIIE�ICL'• ;,ICitT:I 00 32' NCE' SOUTH
DISTANCE FEET; TIIENCE NORTH 89°27'57" EAST, A DISTANCE ` F 10�. 0
FEET; TI RTH 00°32'03" WEST, A DISTANCE OF 63.00 FEET; SOUTH 52'28" EAST, A DISTANCE OF 7.68 FEET; TIIENCE SOUTH 00°32'03'I EA�C-�E A DI AN
OF 92.89 FEET TO THE POINT OF BEGINNING.
ARCEL CONTAINS 0.0182 ACRES MORE OR LESS.
TERRITORIAL_ ENGINEERING, LLC
WALKERTON, INDIANA
04-121C
REVISED
SEPTEMBER 7, 2005
SIIEET,YOF J'