HomeMy WebLinkAbout#3216- Deed; TEMPORARY EASEMENT AGREEMENT PARTIAL RELEASE OF MORTGAGE TRUSTEES' DEED A portion of right-of way along Eddy Street, and Colfax Avenue to be used for the Eddy, Colfax, Lasalle Intersection Project (104-033)32] \
Temporary8/22/2007
Easement Agreement/Partial Release of
Mortgage/Trustees' Deed
018-5039-13760
LOT NO. 16
SUB: Samuel L,
CottreI] s Ist Addition to Lowe]I
Hartman Roger
,&Thomas Snelson
I24 Eddy Street +
Description:
i
A portion of right -of
A way along Eddy Street, and Colfax Avenue to i
be used for the Eddy/Colfax/Lasalle Intersection Project (104-033)
Ae
PROJECT; I-IES-9971()
PARCEL: 4
:...•. Unit— _ j
Grantee's Address:
227 W. Jefferson Blvd.
Suite 1316
South Bend, IN 46601 TRUSTEES' DEED
THIS INDENTURE WITNESSETI-1, THAT 124 Eddy Land Trust
Of--St-Joseph County, in the State of Indiana
RECORDED AS PRESENTED ON
08/22/2007 02;51.33r,N
TERR! J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
RE:C FEE: $24.00
PAGES: 5
CONVEY(S) AND WARRANT(S) 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
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 ofall leases, licenses, or other
interests, both legal and equitable, and all encumbrances of any kind or character.
This dOCLrment shall constitute a conveyance of the above -described real estate (excepting any parcels
specifica))y designated as easements or as temporary right-of-ways) 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 persons executing this deed represent and certify that they are Co -Trustees of 124 Eddy
Land Trust ; and that pursuant to the Trust Agreement, have full authority to manage the affairs of said
Trust and sign and execute documents on its behalf, that this authority has not been revoked; and therefore,
are fully authorized and empowered to convey to the City of South Bend, State of Indiana real estate of the
Trust; and on the date of execution of said conveyance instruments, it had full authority to so act.
Dated this 1 t5 day of m<V-c,
124 Eddy Land Trust
(Signature)
Thomas A. Snelson. Co -Trustee
(Printed Naive and Title)
DULY ELATE&ED FOR.
MV�& C. rro�r
Sr. JOSEPH co, IMBI
ANA
2007.
y �e�(SigBnatur
Roger L. Hartman Co -Trustee
(Printed Name and Title)
Page I of 2
3 T Jt �p qP
A��i1
&'Ca UFtfwd yJ� Co.
N
UIDIANA
STATE, OF INDiANA
) SS:
COUNTY OF ST. JOSEPIA
Before me, the undersigned, a Notary Public in and for said County and State, this 5,-r-
C,,W - ( :"— - day of
il 2007, personally appeared Thomas A. Snelsgn and Roger L.
I -la A�ian Co -Trustees of 124 Edd (Land Trust and acknowledged the execution of the foregoing
instrument. Witness my hand and notarial sea].
'M C0111111vissicri-i Expires:
NAwary �ublic
County of Residence
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security
number in this document, unless required by law, Shawn E. Peterson, Attorney at Law.
This instrument prepared by: Shawn E. Peterson, Attorney at Law
Page 2 of 2
RIGHT-OF-WAY
Exhibit «A» PLAT OF SURVEY
for 4
0
124 EDDY LAND TRUST
SECTION 7, TOWNSHIP 37 NORTH R
PORTAGE TOWNSHIP �AN GE 3 EAST
ST. JOSEPH COUNTY, INDIANA
I
I
P.O.B.4
P.O.C. 4A,
NW CORNER
124 EDD LAND TRUST
I PARCEL
f
APPROXIMATE WEST LINE OF SECTION 7
(CREATED FROM PLATTED DIMENSIONS)
COLFAX AVENUE (82.5' R/W)
S89'33'08"W 57.34'
(N69'33'08-E)
S89'33'O8'W I \� ) / NOW27'37 W
10.00'(C) 10.52'(C)
ti N89.27'57"E
47.32'(C) NORTH LINE 124 EDDY LAND TRUST
I PARCEL AND EXISTING
PARCEL 4 SOUTH R/W COLFAX AVENUE
0.0421 ACRES±
I v U
t � o
PROPOSED R/W
0
O I 124 EDDY LAND TRUST
I o M DOCA 0613800
nCq
f Cy)
N nI WEST LINE
"� 24 EDDY LAND TRUST
I aD \ PARCEL
HATCH LEGEND
Ln
II PR�OSED PERMANENT
I TEMPORARY R/W
S89.27'57"W
W R/W
Z' 10.00'(c)
Q I TEMPORARY
I m
R/W
ED
-W o
� � 20' EXCEPTfON
I w W U FOR PREVIOUS
0 Q RIGHT--OF—WAY
M EXPANSION
� O o
REFER TO
W En= 0 z DOC.# 0613800
W I EX► MNQ R/W
389'27'57 W
I 1 25.00'(C) SOUTH LINE
rrnn
124 EDDY LAND TRUST
I co NOO-32.03-W PARCEL
}., I 16.98'(C)
1 � .
W N89'33'08"E
N89'33'08`E 45.00'(C)
10.00'(C)
P.O.B.4A SCALE 1" = 30'
(1,7HEREfy CERTIFY THAT TO THE BEST' OF MY INFORMATION. KNOWLEDGE AND BELIEF .--
H7N PLAT REPP.ESENTS A g� y,' MADE UNDER MY SUPERVISION AND �_ '1Ext1t1TORIAL ENGINEERING,
COMPLETED ON 11 03�-04 . URBAN CLASSInCATION SURVEY PER TITLE 865 IAC
ARTICLE 1" RULE 12. SEE SHEET 2 OF 2 FOR SURVEYOR'S REPORT. LLC
I/AN H. JANOVIC ROBERT S. ALOI 1V r WALKERTON INDIANA
S. 2020
L.S. S0411 1� EAL
L 0024 �. SS
` . .,, 1 ���
S� , ... ..� LEGEND
~� O •• Gl5 - DDOEED UND
F RECORD-HOOK/PAGE U - WOOD STAKE
O 0 - IRON BOLT
0. S = SET EOP -EDGE OF PAVEMENT
�_ R - RECORDED R/W = RIGHT OF WAY
2 O2 O'l'l P PLATTED OHL — OVERHEAD LINES
(J[J M - MEASURED A - POWER POLE
C = CALCULATED -A—X- = EXISTING FENCE
S f'ATL OF w * - DIMENSION NOT TO SCALE P.O.B. POINT OF BEGINNING
0 - RAILROAD SPIKE P.O,C. a POINT OF COMMENCING
`r�' �•.•() J p,j`,..\�� 0 = IRON ROD L1 MONUMENT
0 - IRON PIPE IS( NAIL
-GHT--OF—WAY
Exhibit "A" PLAT OF SURVEY 4
for
124 EDDY LAND TRUST
SECTION' 7, TOWNSHIP 37 NORTH, RANGE 3 EAST
PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA
I
I
P.O.B. 4
P.O.C. 4A,
NW CORNER
124 13DD LAND TRUST
I PARCEL
I
S89'33'08'W
10.00'(C)
N89'33'08'E
10.00'(C)
U
N
Iq
m
APPROXIMATE WEST LINE OF SECTION 7
(CREATED FROM PLATTED DIMENSIONS)
COLFAX AVENUE (82.5' RM
S89'33'08"W 57.34'
N89"27'57"E
47.32'(C)
PARCEL 4
0.0421 ACRES{
R/W
(N89'33'013•E)
N00'27'37'W
10.52'(C)
NORTH LINE 124 EDDY LAND TRUST
PARCEL AND EXISTING
SOUTH R/W COLFAX AVENUE
m
124 EDDY LAND TRUST
M
DOC.# 0613800
O
N
P
O
Z
WEST LINE
24 EDDY LAND TRUST
PARCEL HATCH LAND
-------,PROPOSED
PERMANENT
TEMPORARY R/W
R/W
I
S89'27'57'W
10.00'(C)
TEMPORARY
R/W
CD
V
0
20' EXCEPTION
U
FOR PREVIOUS
Q
RIGHT-OF-WAY
o
EXPANSION
REFER TO
pM
z
DOC.# 0613800
P.O.B. 4A
R/W
S89'27'57 W
T 25.00'(C) SOUTH LANE
124 EDDY LAND TRUST
`NOO'32'03'W PARCEL
16.98'(C)
N89'33'08"E
45.00'(C)
SCALE 1 " = 30'
I HEREBY CERTIFY THAT TO THE BEST OF MY INFORMATION. KNOWLEDGE AND BELIEF
THE WrrHW PLAT REPP.ESEIVTS A SL': v,- MADE UfiQtR MY SUPERVISION AND '11 tt1ttlTORIAL ENGINEERING,
COMPLETED ON f f -03-04 . URBAN CLASSIFICATION SURVEY PER TITLE 855 IAC LLC
ARTICLE 1, RULE 12. SEE SHEET 2 OF 2 FOR SURVEYOR'S REPORT. WAtKERTON INDIANA
VAN H. JANOVIC ROBERT S. AL01 ,��\�4 I L.S. SO4f 1 L S. 2Q200024 � 55•• EALErr//r' I EGENI�
��� • G� S �]' 'R •,`(J r� `D.R.F - DEED
DO RECORD -BOOK/PAGE 0 m BOND tSTAKE
�%• •�' f`•'. !w OLT
S = SET EOP - EDGE OF PAVEMENT
! No. - RECORDED R/W = RIGHT OF WAY
2O2OUO2 't PPLATTED OHL - OVERHEAD LINES
JMR
- MEASURED 1i -POWER POLE
C CALCULATED - X- - EXISTING FENCE
S I'A'I'E nI' * a DIMENSION NOT TO SCALE P.O.B. = POINT OF GFUNNING
21 •+ RAILROAD SPIKE P.O.C. = POINT OF COMMENCING
.,• •„ ` \\�'� • ==IRON ROD -MONUMENT%-yUI NAIL PIPEO
'11 ��Itl 20
06 DATE: JOB NO.: FILE:
SHEET 1 F�3 7---18-06 04121 D SECTION
SURVEYOR'S RI_POR'I'
FOR
I24 EDDY LAND TRUST
(PARCEL 4, &)
THE 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. IIE-S-9971 ON STATE ROAD 23 (EDDY STREET).
THE LAST RIGHT-OF-WAY OF EDDY STREET NOR"I'II OF LASALLE STREET WAS ESTABLISHED
FROM EXISTING MONUMENTATION FOUND ATTi-IC CORNERS OF PARCELS DESCRIBED IN DEED
DOCUMENT 119608937 AND DEED DOCUMENT 48729658. THIS LINE WAS THEN EXTENDED SOUTI-I
PAST COLFAX AVENUE. ADDITIONAL 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 TIME REMAINING EAST RIGHT-OF-WAY OF
EDDY STREET, SOUTH OF LASALLE STREET.
THE WEST R1G1-IT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO TI-IC CAST RIGHT-
OF-WAY OF EDDY STREET AT PLA'I`f'ED DIMENSIONS NORTH OF LASALLE STREET. THIS LINE
WAS THEN 1XTENDED SOUT1-1 OF COLFAX AVENUE AND WAS IN RELATIVE AGREEMENT WITH
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 NORTH RIGHT-OF-WAY OF COLFAX AVENUE, EAST OF EDDY STREET WAS ESTABLISHED
FROM EXISTING MONUMENTATION FOUND. TIME SOUTH RIGHT-OF-WAY OF COLFAX AVENUE,
EAST OF EDDY STREET WAS ALSO ESTABLISHED FROM EXISTING MONUMENTATION FOUND.
MONUMENTS FOUND WERE IN RELATIVE AGREEMENT WITI-I PLATTED DIMENSIONS AS SHOWN
ON THE RECORDED PLAT OF SAMUL'•L L. COTTREILL'S FIRST ADDITION TO LOWELL (PLAT BOOK T,
PAGE 236).
THERE EXISTS AN OFFSET IN THE ESTABLISHED RIGHT-OF-WAY OF COLFAX AVENUE WHERE IT
MEETS EDDY STREET AS A RESULT OF USING EXISTING MONUMENTATION TO ESTABLISH THE
RIGHT-OF-WAY. 1T IS THIS SURVEYOR'S OPINION T14AT MONUMENTS FOUND WERE ESTABLISHED
WITHIN INDIVIDUAL BLOCKS AS SHOWN ON SAID RECORDED PLAT. THESE MONUMENTS OFFER
HE BEST EVIDENCE OF THE ORIGINAL INTENT OF THE LOCATION OF TI-lE R1
THE
OF
COLFAX AVENUE AND WERE HONORED FOR THIS SURVEY.
THE NORTH LINE OF THE 124 EDDY LAND TRUST PARCEL WAS ESTABLISHED AS THE EXISTING
SOUTH RIGHT-OF-WAY LINE OF COLFAX AVENUE EAST OF EDDY STREET.
TIME SOUTH LINE 01' THE 124 EDDY LAND TRUST PARCEL WAS ESTABLISHED AT RECORDED
DISTANCE FROM THE SOUTH RIGHT-OF-WAY LINE OF COLFAX AVENUE EAST OF EDDY STREET,
T HE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISHED FROM PRELIMINARY 1NDIANA
DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE INTERSECTION
IMPROVEMENT DRAWINGS (PROJECT No. 1-1ES-9971).
THE DEGREE OF UNCERTAINTY 1S AS FOLLOWS:
RELATIVE POSITIONAL ACCURACY
TITLE
MONUMENTATION
POSSESSION
0.07 FEET (URBAN SURVEY) -
NONE
THE WEST LINE OF SECTION 7, TOWNSHIP 3
NORTH, RANGE 3 EAST OF T1413, SECOND PRINCIPAL
MERIDIAN WAS NOT DETERMINED FOR THIS
SURVEY DUE TO A LACK OF SECTION CORNER
INFORMATION,
MONUMENTS USED IN ESTABLISI-]ING RIGHT-OF-
WAY LOCATIONS VARY FROM PLATTED AND
RECORDED DIMENSIONS BY AS MUCH AS
NORTH/SOUTI-I AND 1.3':h EAST/W CST,
NONE
TRIZR.ITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
JULY 18, 2006
04-1211)
S1-IEET 2 0F1-3
PROPOSED DESCRIPTION
FOR
124 EDDY LAND TRUST PARCEL 4
PERMANENT RIGHT-OF-WAY
A PARCEL OF LAND LOCATED IN TIIE NORTHWEST QUARTER OF SECTION 7,
TOWNSHIP 37 NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN IN
PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTIC-
ULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF A PARCEL OF LAND CONVEYED TO
124 EDDY LAND TRUST, AS FOUND IN DOCUMENT # 0613800 IN THE OFFICE OF
THE SAINT JOSEPH COUNTY RECORDER; THENCE SOUTH 00032'03" EAST (BASIS
OF BEARINGS) ON THE WEST LINE OF THE 124 EDDY LAND TRUST PARCEL, A
DISTANCE OF 183.52 FEET TO THE SOUTH LINE OF THE 124 EDDY LAND TRUST
PARCEL; THENCE NORTH 89°33'08" EAST ON SAID SOUTH LINE, A DISTANCE OF
10.00 FEET; THENCE NORTH 00°32'03" WEST, A DISTANCE OF 183.52 FEET TO THE
NORTH LINE OF THE 124 EDDY LAND TRUST PARCEL BEING THE SOUTH RIGHT-
OF-WAY OF COLFAX AVENUE EAST OF EDDY STREET; THENCE SOUTH 89°33'08"
WEST ON SAID NORTH LINE, A DISTANCE OF 10.00 FEET TO THE POINT OF
BEGINNING.
PARCEL CONTAINS 0.0421 ACRES MORE OR LESS.
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
04-121 D
REVISED
AUGUST 28, 2006
SHEETXOFX
3 3
I airrm, under the penalties for per jury, that I have taken reasonable care'to redact each Social
SecUfliy number in this document, unless required by law, Roy A. Buskirk.
RECORDED AS PRESENTED ON
1 08/22/2007 02:51:32PM
' TERRI J
RETHLAKE
ST• JOSEPH COUNTY
RECORDER
REC FEE: $19. 00
PAGES: 4
5 ,✓1�{� �' 4 Project: 11F_, -99 1
r� Parcel: 4
44 Road: —Eddy, Colfax & LaSalle
PARTIAL RELEASE OF MORTGAGE
This is to certify, that a certain mortgage executed by _ 124 Eddy Land Trust
(Mortgagor), to _First State Bank of Middle ur;y (Mortgagee), dated May 22. 2006 and
recorded __May 31, 2006 in the suns of $ 608,000.00 recorded as Document No. 0622679
in the Office of the Recorder of St._.Coseph County, Indiana, is hereby released upon tie" 4"w44" `"
following described real estate in St. Joseph _ County, Indiana:
See Attached Exhibit "A"
Said Mortgage remains in full force and effect as to the remainder of real estate therein
described.
In witness whereof the said First State Bank of Middlebury (Mortgagee) has caused
this partial release of mortgage to be signed by its Senior Vice President and its seal attached
thereto this � t sr day of M A R-c_4 12007,
STATE OF INDIANA }
) SS:
COUNTY OF ELKI-IART )
First State Bank of Middlebury
Mortgagee
B
(Signature)
Mark C. Carboneau. Senior Vice President
(Printed Name band Title)
Before rne, the undersigned, a Notary Public in and for said County and State, personally
appeared Mark C. Carboneau , known tome to be the Senior Vice President of the First
State Bank of Middlebur and acknowledged the execution of the above partial release of
mortgage as and for the act and deed of the said First State Bank of Middlebury
Witness my hand and notarial seal this 21ST day of MARCH 2O07
Notary Public (Signature)
ELLEN M. DARRAH-SCHENK• �"` ;.',,..;..
Notary Public (Printed Nap e)
My commission expires 1/30/2015
My county of residence is ELKHART
This instrument was prepared by Roy A. Buskirk
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law, Roy A. Buskirk.
i
Exili b. , "'A" RIGHT-OF-WAY
PLAT OF SURV
EY �
for
124 EDDY LAND TRUST
SBCT11- 7, TOWNSHIP 37 NO
PORTAGE TOWN RTH, RANGE 3 EAST
SHIP, r JOSEPH COUNTY, INDIA NA
APPROXIMATE WEST LINE OF SECTION 7
(CREATED FROM PLATTED DIMENSIONS)
P.O.B. 4
P.O.C. 4A,
N W CORNER
124 EDD 'LAND TRUST
I PARCEL
I
S10.33'
7 0.00'(C)C) i
I IV
I �\
I
0
I�
I M
I CV NW
u'
Qm
1
I �
I
U) ! \\
I � I
I+
I W I
L11 I
I � I
I
I
I Q
I N89'33'08'E
10.00'(C)
In
COLFAX AVENUE (82.5' RM
S89'33'08"W 57.34'(C) (N89"33'08'E)
-N00'27'
10.52'(C)(C)
N89'27'57"E
47.32'(C) NORTH LINE 124 EDDY LAND TRUST
PARCEL 4 PARCEL
COLFAXDAVENUE
sourrl R
0.0421 ACRES-
D R/W
0
Q
N
124 EDDY LAND TRUST
O
z
+1
0 o
d CC
o
Jo
v a,
Q & M
4. O z
P.O.B. 4A
WEST LINE
124 EDDY LAND TRUST
PARCEL
.PROPOSED
TEMPORARY R/W
589.27'57"W
10.00'(C)
HATCH LEGEND
PERMANENT
R/W
TEMPORARY
R/W
El20' EXCEPTION
FOR PREVIOUS
RIGHT—OF—WAY
EXPANSION
REFER TO
DOC.ig 0613800
EXI3lIF4U F3/W
589"27'57'W
25.00' C
124 EDDY LAND TRUST
N00.32'03-W PARCEL
16.98'(C)
N89.33'08"E
45.00'(C)
I HEREBYEWTHI CERTIFY THAT TO THE BES`I- OF MY INFORMATION. KNOWLEDGE AND BELIEF
THE iYITH1N PLAT REPP,E;EF:TS aU .g "ADE UiiD[R MY SUPERVISION AND
COMPLETED ON 11-03-p+ URA CLASSIFICATION SURVEY PER TITLE 8S5 IA(
ARTICLE 1, RULE 12. SEE SHEET 2 OF 2 FOR SURVEYOR'S REPORT.
VAN H. JANOVIC
C.S. SO411
R08ERT S, AL01
L.S. 20200024
SCALE I" = 30'
TERRITORIAL ENGINEERING,
LLC
WALKERTONaLL-INDIANA
11 ^ f
fi •4�G %' f . �! ' `
R.
a DEED RECORD-BOOK/PAGE
❑
1� I O Q f
Nr1
R=
NO
= WOOD STAKE
O IRON BOLT
/1 f
2020002`'L ' =
IS�
- RECORDED
EOP -"EDGE OF PAVEMENT
RAW 'RIGHT OF WAY
OHL
u
� uEAs RU Ep
- OVERIIEAD LINES
SIA[ E o •.
•
C
*
- CALCULATED _ li - POWER POLE
a DIMENSION NOT TO SCALE �P.NG FENCE
f lll, 5 ` ,'•
F��
,�7,��%•� ,�/I A� •`•'���
0
•
❑
A RAILROAD SPIKE
= IRON ROD
= IRON PIPE
9O B. POINT BEG NNINC
.O,C. POINT OF COMMENCING
MONUMENT
2006LIDIATE:08 NO; FILE:SHEET 1 F,$Z ; 18-06 OQ 121 D S
SURVEYOR'S Itrl'olt�
FOR
.124 EDDY LAND `l'RUS1'
I'll"'PURPOSE OF 17-IIS SURVEY IS TO DLTI3IZMINE AN AREA FOR PERMANENT AND/OR
TEMPORARY EASEMENT AS PART OP EDDY, COLFAX, AND LASALLE, INTERSECTION
INIPROVEMENTS PROJECTNo. IIES-9971 ON STATE, 1ZOAD23 (EDDY SPREE.').
THE IRAST RIGHT-OF-WAY OF EDDY STREET NORTII OF LASALLE STREET WAS ESTABLISHED
FROM EXISTING MONUNIENTATION FOUND AT THE CORNERS OF PARCELS DESCRIBED IN DEED
DOCUMENT H9608937 AND DEED DOCUMENT 08729658. THIS LINE WAS TIIEN EXTENDED SOUTH
PAST COLFAX AVENUE. ADDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED
DOCUMENT 119750386, DEED RI'COItD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED
RECORD 680, PAGE 216 WERE USED IN ESTABLISHING THE REMAINING LAST RIGHT-OF-WAY OF
EDDY STREET, SOUTH OF LASALLE STREET.
"I'111's WEST RIGLIT-OI"-WAY OF EDDY STREETWAS ESTABLISILI D PARALLEL TO THE. EAST RIGHT-
OF-WAY OF EDDY STREET AT PLAT-TED DIMENSIONS NORTH OF LASALLE- STREET. THIS LINE
WAS TIIEN EXTENDED SOUI.1.1 OF COLFAX AVI=.NUC AND WAS IN RELATIVE AGREEMENT WITH
MONUMENTS FOUND ON THE EAST LINE OF I,QT NO.16 OF THE RECORDED PLAT Of SAMUI L L.
COT-TRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGr 236).
THE NORTH ItIGIIT-OF-WAY OF COLFAX AVENUE, FAST OF EDDY STREET WAS ESTABLISHED
FRONT EXISTING MONUIVIENTATION FOUND. 'I'Llr SOUTH RIGHT-0I7-WAY Or COLFAX AVENUE',
LAST OF EDDY STRECT WAS ALSO ESTABLISHED FROM EXISTING MONUMENTATION FOUND.
MONUMENTS FOUND WERE IN RELATIVE AGREEMENJ' Wl`TI1 PLATTED DIMENSIONS AS SHOWN
ON 'TIME RECORDED PLAT OIL SAMULL L. C01" TRFLL'S FIRST ADDITION TO LOWELL (PLAT BOOK T,
PAGE 236).
TIIT:RI1 EXISTS AN OFFSET IN THE ESTABLISHED RIGHT-OF-WAY OF COLFAX AVENUE, WIlC1ZC IT
M13ETS EDDY SI'RI CT AS A RESULT OF USING EXISTING MONUMENTATION TO ESTA13LISI-I THE
RIGHT-OF-WAY. IT IS TI IIS SURVEYOR'S OPINION THAT MONUMENTS FOUND WLRC ESTABLISHED
WITHIN INDIVIDUAL BLOCKS AS SHOWN ON SAID RECORDED PLAT. TI-IESC MONUM17NTS OFFER
THE 13ES'I' CVIDI NCE OF THE ORIGINAL INTENT OF THE LOCATION OF T1iL RIGI{T-OI'-WAY OF
COLFAX A V17-7NUL AND WERE, HONORED FOR TH[S SURVEY.
TI IE NORTH LINE OF TI if 124 EDDY LAND TRUST PARCEL WAS ESTABLISI-IGD AS THE EXISTING SOUTH RIGHT-OF-WAY LINE OF COLI',AX AVENUE LAST OF EDDY STRC131'.
TIIL SOUTH LINE OF T11E 124 EDDY LAND TRUST PARCEL WAS ESTABLISHED AT RECORDED
DISTANCE FROM TIIL SOU7•I.I RIGIIT-OF-WAY LINE OF COLFAX AVENUE EAST OF EDDY STREET.
THE PROPOSED RIGHT-OF-WAY LINES WI;IZC ESTABLISIJI D FROM PRELIMINARY .INDIANA
DlPAR"TMCNT 01 TRANSPORTATION EDDY, COLFAX, AND LASALLE INTERSECTION
IMPROVEMENT DRAWINGS (PROJECT No. HES-9971).
TI IE DEGREE OF UNCE-RTAINTV ]SAS FOLLOWS:
RELATIVE POSITIONAL ACCURACY - 0.07 FEET (URBAN SUR VLY}
TITLE - NONE
MONUMENTATION - THE WEST LINE OF SECTION 7, TOWNSHIP 3
NORTH, RANGE 3 CAST OrTHE SECOND PRINCIPAL
MERIDIAN WAS NOT DETERMINED FOR THIS
SURVEY DUE `I.O A LACK OF SECTION CORNER
INFORMATION.
MONUNIE,NTS USCD IN ESTABLISHING RIGI-IT-OF-
WAY LOCATIONS VARY FROM PLA`CTLD AND
RECORDED DIMENSIONS BY AS MUCH AS 1.8'y
NORTINSOUTH AND 1.3't CAST/WEST.
POSSESSION - NONE
"TERRITORIAL LNGINEI]RING, LLC
WALKERTON, INDIANA
JULY 18, 2006
UPI-121D
S1 CL1s1' 2 Ol ;.2'3
PROPOSED DESCRIPTION
FOR
124 EDDY LAND TRUST (PARCEL 4)
PERMANENT RIGHT-OF-WAY
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 7,
TOWNSHIP 37 NORTH, RANGE 3 EAST OF TIIE SECOND PRINCIPAL MERIDIAN IN
PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTIC-
ULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF A PARCEL OF LAND CONVEYED TO
124 EDDY LAND TRUST, AS FOUND IN DOCUMENT # 0613800 IN TIIE OFFICE OF
THE SAINT JOSEPH COUNTY RECORDER; THENCE SOUTH 0092'03" EAST (BASIS
OF BEARINGS) ON THE WEST LINE OF THE 124 EDDY LAND TRUST PARCEL, A
DISTANCE OF 183.52 FEET TO THE SOUTH LINE OF THE 124 EDDY LAND TRUST
PARCEL; THENCE NORTH 89°33'08" EAST ON SAID SOUTIi LINE, A DISTANCE OF
10.00 FEET; THENCE NORTH 00°32'03" WEST, A DISTANCE OF 183.52 FEET TO TIIE
NORTH LINE OF THE 124 EDDY LAND TRUST PARCEL BEING THE SOUTH RIGHT-
OF-WAY OF COLFAX AVENUE EAST OF EDDY STREET; THENCE SOUTH 89°33'08"
WEST ON SAID NORTH LINE, A DISTANCE OF 10.00 FEET TO TIIE POINT OF
BEGINNING.
PARCEL CONTAINS 0.0421 ACRES MORE OR LESS,
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
04-121D
REVISED
AUGUST 28, 2006
SHEETYOFX
.3
t a9c ! Ul G
RECORDED f)S PRESENTED %i
V vv
PROJECT: I-IES-9971()
PARCEL: 4
08/222/2007 02: J1: 34P-M
TERRI J. RETHI_AKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $10. la0
PA&ES: S
TEMPORARY EASEMENT AGREEMENT
THIS INDENTURE WITNESSETH, THAT 24 Eddy Lind Trust
ofTSt. 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 trade 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 raptor's s'private properLy and/or lawn grading and will revert to the grantor(s) upon the
completion ofsaid project. It is further understood and agreed that this conveyance transfers only the right
to make or construct said driveway and/or lawn gradiU 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.
The undersigned persons executing this agreement represent and certify that they are Co -Trustees of 124
EddyLand Trust ; and that pursuant to the Trust Agreement, have full authority to manage the affairs of
said Trust and sign and execute documents on its behalf, that this authority has not been revoked; and
therefore, are frilly authorized and empowered to convey to the City of South Bend, State of Indiana real
estate of the Trust; and on the date of execution of said conveyance instruments, it had full authority to so
act.
Dated this I y! f day of 4z-& 2007.
124 Eddy Land Trust
B,
(Signature)
Th ma A. Snels n Co -Trustee
(Printed Name and Title)
B
(Signature)
Roger L. Hartman Co -Trustee
(Printed Name and Title)
Page 1 of 2
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said County and State, this.- l day of
— ma'u� , 2007, personally appeared Th maA. nel on and Ro er L.
Hariinan, Co -Trustees of 124 Eddy Land Trust , and acknowledged the execution of the foregoing
instrument. Witness my hand and notarial seal.
�4y immigsioJJI Expires:
Notary Public
County of Residence �{
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security
number in this document, unless required by law, Shawn E. Peterson, Attorney at Law.
This instrument prepared by: Shawn E. Peterson, Attorney at Law
Page 2 of 2
F _ RIGHT-OF-WAY
Exhibit "A" PLAT OF SURVEY 4A
for
124 EDDY LAND TRUST
SECTION' 7, TOWNSHIP 37 NORTH, RANGE 3 EAST
PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA
APPROXIMATE WEST LINE OF SECTION 7
(CREATED FROM PLATTED DIMENSIONS)
I
P.O.B. 4
P.O.C.4A, COLFAX AVENUE (82.5' R/W)
NW CORNER
124 EDD LAND TRUST
1 PARCEL
_ S89'33'08'W 57.34'(C) (N89'33'08"E)
NOO'27.37•W
S89'33'08"W I 10.52•(C)
10.00'(C)
N89'27'57"E
I 47.32'(C) NORTH LINE 124 EDDY LAND TRUST
PARCEL AND EXISTING
I PARCEL 4 SOUTH R/W COLFAX AVENUE
0.0421 ACRES±
v PROPOSED R/W
I o
I O I m 124 EDDY LAND TRUST
DOCA 0613800
C\1 WEST LINE
..:.' 24 EDDY LAND TRUST
j Q v PARCEL HATCH LEGEND
f Q
O I � PROPOSED PERMANENT
i �2 TEMPORARY RAY R/W
I .. '. � sa9.27•s7•w
W 10.00'(C)
ZZ
F— TEMPORARY
Q R/W
I m
O Q W S 20' EXCEPTION
J CC ED FOR PREVIOUS
W W Q RIGHT—OF—WAY
I N UoC N EXPANSION
M r7 REFER TO
W N o Z DOG. 0613800
IW I EX4STW4 R/W
ry� S89.27.57' W
LL I 25.00'(C) SOUTH LINE
124 EDDY LAND TRUST
I I V J N00'32.03iN PARCEL
16.98'(C)
I N89'33'08"E
! N89.33'08"E 45.00'(C)
10.00'(C)
P.O.B.4A SCALE 1" = 30'
rE ATH,. PLAY REPRES 075 E eLs MAYENUNDERnMY SUPERVISION AND ON, KNOWLEDGE AND BELIEF
TERRITORIAL ENGINEERING,
COMPLETED ON 11-C3-04 . URBAN CLASSIFICATION SURVEY PER TITLE 865 IAC LLC
ARTICLE 1, RULE 12. SEE SHEET 2 OF 2 FOR SURVEYOR'S REPORT. �-
F}, WALKERTON INDIANA
VAN H LV
NOVIC RSB2020 ERT . AL01 ��\\\\,y� SS D//�,
��`��0�'• • • •� 5 T F •' �(^ %iD.R. = DEED RECORD-BOOK/PLEAGGE D p = WOOD STAKE
;'�G �� ` �^ �� F - FOUND O - IRON BOLT
Q �SR
SET EOP -'EDGE OF PAVEMENT
NO, �_ - RECORDED R/W = RIGHT OF WAY
20200024 y P = PLATTED OHL = OVERHEAD LINES
- �mc
MEISUREO i- POWER POLE
- CALCULATED - X- = EXISTING FENCE
S'I:ygj-' ()I- * = DIMENSION NOT TO SCALE P.O.B. = POINT OF BEGINNING
0 RAILROAD SPIKE P.O.C. = POINT OF COMMENCING
••• ;/j�U I A� •. ��� • = IRON ROD - MONUMENT
Jl�'q . , • • �V ���� 0 IRON PIPE 38( - NAIL
DATE: J08 NO.; FILE:
2006
SHEET 1 F �' 7-18-06 04121 D SECTION
SURVEYOR'S REPORT
FOR
124 EDDY LAND TRUSS'
(PA RCELlk& 4A)
THE PURPOSE OF THIS SURVEY IS TO DETERMINE AN AREA FOR PERMANENT AND/OR
TEMPORARY EASEMENT AS PART OF EDDY, COLFAX, AND LASALLE INTERSECTION
IMI'ROVEMEN'I'S PIZOJECTNo. 1-IES-997I ON STATE ROAD 23 (EDDY S1'RCE'E).
THE EAST RIGITP-OF-WAY OF EDDY S'ERI;E'E NOR'I'1-I OF LASALLE STREET WAS ESTABLISHED
T-11 CORNERS OF PARCELS DESCRIBED IN DEED
DOCUMEN ' 119608937 AND DEED
FROM EXISTING MONUMENTATION FOUND AT TDOCUMENT1' 1/8729655. THIS LINE WAS TI-II_N EXTENDED SOUTFI
PAST COLFAX AVENUE. ADDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED
DOCUMCNT tl9750386, DEED RECORD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED
RECORD 680, PAGE 216 WERE USED IN ESTABLISl-IING THE REMAINING EAST RIGI-IT-OF-WAY OF
EDDY STREET, SOUTI-I OF LASALLE STREET.
'ITIE WEST RIGHT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO T'1-IC CAST RIGI.IT-
01--WAY OF EDDY STREET AT PLA"I-'EI?D DIMENSIONS NORTH OF LASALLE STREET, THIS LINE
WAS TIIEN EXTENDED SOUTI.1 OF COLFAX AVENUE, AND WAS IN RELATIVE AGREEMENT WITH
MONUMENTS FOUND ON TI-IE CAST LINE OF LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L.
COTTRCLL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236).
THE NORTH RIGHT-OF-WAY OF COLFAX AVENUE, EAST OF EDDY STREET WAS ESTABLSHI-IED
FROM EXISTING MONUMENTATION FOUND. TI-IC SOUTI-I R1G►-IT-OF-WAY OF COLFAX AVENUE,
EAST OF EDDY STREET WAS ALSO ESTABLISHED FROM EXISTING MONUMCNTATION FOUND.
MONUMENTS FOUND WERE IN RELATIVE AGREEMENT WITI-I PLATTED DIMENSIONS AS Si-IOWN
ON THE RECORDED PLAT OF SAMUEL L. COT'TRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T,
PAGE 236).
THERE EXISTS AN OFFSET IN THE ESTABLIS-11331) RIGI-IT-OF-WAY OF COLFAX AVENUE WI-ICRE IT
MEETS EDDY STREET AS A RESULT OF USING EXISTING MONUMCNTA`I'ION TO ESTABLISH THE
RIGHT-OF-WAY. IT IS THIS SURVEYOR'S OPINION THAT MONUMENTS FOUND WERE ESTABLISHED
WITHIN INDIVIDUAL BLOCKS AS SHOWN ON SAID RECORDED PLAT. THESE MONUMENTS OFFER
TIIC BEST EVIDENCE OF T]-IE ORIGINAL INTENT OF THE LOCATION 01- THE RIGHT-OF-WAY OF
COLFAX AVENUE AND WERE HONORED FOR THIS SURVEY.
TIME NORTH LINE OF THE 124 EDDY LAND TRUST PARCEL WAS ESTABLISHED AS THE EXISTING
SOUTI-I RIGI-IT-OF-WAY LINE OF COLFAX AVENUE EAST OF EDDY STREET.
T'l-►E SOUTH LINE OF TI-IE I24 EDDY LAND TRUST PARCEL WAS ESTABL]SIIE.D AT RECORDED
DISTANCE FROM THE SOUTH RIGHT-OF-WAY LINE OF COLFAX AVENUE EAST OF EDDY STREET.
'ITIE PROPOSED RIG1-IT-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:
RELATIVE POSITIONAL ACCURACY
TITLE-
IvIONUMLNTATION
POSSESSION
0,07 FEET (URBAN SURVEY)
NONE
']'HE' WEST LINEOF SUCTION 7, TOWNSHIP 3
NORTH, RANGE 3 EAST OF T1fE SECOND PRINCIPAL
MERIDIAN WAS NOT DETERMINED FOR CHIS
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 1.81-
NORTH/SOUTH AND 1.3'± EAST/WEST.
NONE
"TERRITORIAL ENGINEI-3RING, LLC
WALKEIZ'TON, INDIANA
JULY 18, 2006
04-121D
SHEET2 Or/
PROPOSED DESCRIPTION
FOR
124 EDDY LAND TRUST (PARCEL 4A
TEMPORARY RIGHT-OF-WAY
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 7,
TOWNSHIP 37 NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN IN
PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF A PARCEL OF LAND CONVEYED
TO 124 EDDY LAND TRUST, AS FOUND IN DOCUMENT # 0613800 IN THE OFFICE OF
THE ST. JOSEPH COUNTY RECORDER; THENCE SOUTH 00°32'03" EAST (BASIS OF
BEARINGS) ON THE WEST LINE OF THE 124 EDDY LAND TRUST PARCEL, A
DISTANCE OF 183.52 FEET TO THE SOUTH LINE OF THE 124 EDDY LAND TRUST
PARCEL; THENCE NORTH 89°33'08" EAST ON SAID SOUTH LINE, A DISTANCE OF
10.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°33'08"EAST ON SAID
SOUTH LINE, A DISTANCE OF 45.00 FEET; THENCE NORTH 00°32'03" WEST, A
DISTANCE OF 16.98 FEET; THENCE SOUTH 89°27'57" WEST, A DISTANCE OF 25.00
FEET; THENCE NORTH 00°32'03" WEST, A DISTANCE OF 64.00 FEET; THENCE
SOUTH 89°27'57" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 00°32'03"
WEST, A DISTANCE OF 92.00 FEET; THENCE NORTH 89°27'57" EAST, A DISTANCE
OF 47.32 FEET; THENCE NORTH 00°27'37" WEST, A DISTANCE OF 10.52 FEET TO THE
NORTH LINE OF THE 124 EDDY LAND TRUST PARCEL; THENCE SOUTH 89°33'08"
WEST ON THE NORTH LINE OF THE 124 EDDY LAND TRUST PARCEL, A DISTANCE
OF 57.34 FEET; THENCE SOUTH 00°32'03" EAST, A DISTANCE OF 183.52 FEET TO THE
POINT OF BEGINNING.
PARCEL CONTAINS 0.0819 ACRES MORE OR LESS.
TERRITORIAL ENGINEERING, LLC
WALKERTON, INDIANA
04-121D
REVISED
AUGUST 28, 2006
SHEETXOF X
3 3