Aff - Potts, Thomas_2/2/2012STATE OF INDIANA
COINTY OF MARION
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SURVIVORSHIP AFFIDAVIT AND
ONE AND THE S.4i�'IE AFFIDAVIT
Comes no��� JoANN POTTS, who first being duly s�vorn upon her oath deposes and says:
That, she is the sun�iving spouse of THOivL4S E. POTTS, SR., who died a resident of Vtarion
County, State of Indiana, on or about Januan� 7. 201 1.
That. this Affiant further states that the decedent o�vned an undivided one-half interest �vith
Affiant. as Tenants bv the Entiretv, bv Deed dated Mav 1�. 1997. ��-hich Deed was recorded with the Recorder
of Gibson Counri�. State of Indiana. on i�ta�� 1�. 1997. as Instrument Number 97-2962. which real estate is
situated in Gibson Countv, [ndiana; more particularly described as follows, to-wit:
A. PARCEL # 0224001
TRr1CT 1: A part of Location Number 6 and a part of Location Number � in Township 1
\'orth; Range 10 �Vest, and described as follows: Beein at a�/8 inch iron north 38'/ deerees
west R 18.4 feet and south � 1'/ degrees west 1781.93 feet from the southeast comer of Location
Number �: thence south � 1% deerees �vest a distance of 244.4 feet to the southwest line of
said Location Number �; thence north 38 'h degrees west a distance of 970 feet to a�/3 inch
iron set in the center of the countv road: thence �orth 39 deerees east a distance of 2�03�
feet to a point (witnessed bv a�/8 inch iron set south 38 '/: deerees east a distance of 2�.64
feet); thence south 38 % degrees east a distance of 1010.7 feet to the point of beauming and
containine �.�9 acres, but SUBJECT TO the south paR of a county road right-of-way off the
noRhwest side thereof.
TRACT 2: A part of Fractional Section 24, "Cownship 1 South, Range 10 ���est, bounded
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FEB 2 2012
c.�. mx�
GISSON COUNTY AUDITOR
as follows, to-�vit Begin at a point north 38 % deerees �vest 818.�4 feet and south �1 % degrees
west 843.33 feet from the southeast corner of Location Number 5 and run thence south � 1%
degrees �vest 246 feet; thence north 38 '/: degrees west a 1 rods, more or less, to the center of
the public highway as now located. thence in a southeasterly direction along the center of
said public highway to a point 39 rods. more or less, north and 38 '/ degrees west of the point
of beginning: thence south 38 % degrees east to the place of beginnin�; containing 3 3/4 acres;
more or less.
TRACT 3: A part of Location Number 6 in Township 1 North, Range 10 �Vest, bounded
as follows: Beginning at a point 12.�}0 chains north 38 %: degrees �vest of the souiheast comer
of said Location 6 and run thence south � 1'/ degrees �vest 7% chains and from this point
as the place of be�inning run thence north 38 '/ deerees west 3� rods and 13 % Feet, more or
less. to the center of the public hiehwa}� as now located; thence south � 1% degrees ���est 11 l/9
rods; thence south 38 % degrees east 3� rods 13 % feet; more or less, to the south line of Lot
Number 11 in the partition of the lands of J.P. Decker, deceased, as platted in the report of
commissioners; in the partition of said lands and recorded in Partition Record Z; Paee 464;
thence north � 1%z degrees east along the soufh line of said Lot Number 11 to the point of
beginning, containing 2'/z acres. more or less.
TRACT 4: A part of Lot Number 1 on the plat found in Partition Record Book 2; Page
456, records in the Office of the Recorder of Gibson County, Indiana, being partition suit
of real estate, formerly owned by James P. Decker: deceased; and more particularly described
as follo�vs. to-wit: Beginning in the southeast comer of Location Number �, Township 1
North. Ranee 10 R'est, and runnine thence south � 1'h deerees �vest to the south�vest corner
thereof; thence north 38 % degrees �vest 6% chains, thence north � 1% degrees east on a line
parallel with the south line of said location to the east line thereof; thence south 38 % degrees
east to the place of beeinning, containine 20 acres, more or less; ALSO, a rieht-of-way 20
Yeet in «�idth from the northwest corner of the lot so assigned along and adjacent to the �vest
line of said Location north 38 'h degrees west to the public highway as no�v loeated.
TRACT �: Lot Number 2 on the plat hereto attached, the same being a part of Location
Number � in Township 1 North; Range 10 �Uest and bounded as follows: Beeinnin2 in the
west line of said location at a point 6'/ chains from the south�rest comer thereof and running
thence north 38 % degrees H�est alone the �vest line thereof �.90 chains: thence north � 1'/
degrees east to the east line thereof; thence south 38 'h degrees east �.90 chains; thence south
51 % de�rees west to the place of beginning containing 18 acres, SUBJECT HOWEVER, to
a rieht-of-way 20 feet in width across the west end and adjacent to the west line thereof.
TRACT 6: A rieht-of-way 20 feet in width from the north�iest comer of the tract so assigned
alone the west line of said Locations I�'umbered 6 and � to the public highway as no��� located.
TRACT 7: A pan of Location Number � and part of Location Number 6 described as follows:
Begin at a point 38 % degrees west 818.4 feet and south 51 'h degrees west 678.33 feet from the
southeast comer oF Location Number 5; and run thence south � 1% degrees west 16� feet; thence
north 38 % degrees west 647J� feet, more or less. to the center of county road; thence in a
northeasterly direction along the center of said counri� road 227.84 feet; thence south 38 %2
degrees east 591 feet to the point of beeinning and containing 2.224 acres, more or less.
EXCEPTING, an undivided one-half ('/) interest in and ro the oil, eas; coal and other minerals
in; on and under the above described real estate heretofore reserved by Violet C. Burkhart in
that certain Wananri� Deed recorded in the Office of the Recorder of Gibson Counry, Indiana:
in Deed Dra��er 4. Card No. 80�2.
EXCEPT the following described five (5) aces located in Gibson Cowity, Indiana. to-wit:
A northeast part of Location �, To��-nship 1 North, Ranee 10 West in R'ashington To��mship,
Gibson County, Indiana, and further described as follo���s:
Beein at a stone found at the north comer of Location �, Township 1 North, Ran2e 10 �i�est;
and measure south 38 % degrees east. alone the northeast line of said Location, a disiance of
660.00 feet to an iron set; thence measure south � l% degrees �vest, a distance of 330.00 feet
to an iron; thence measure north 38 '/ deerees west. parallel to the northeast line of said
Location, a distance of 660.00 feet to an iron; thence measure north � 1% degrees east, along
the nonhwest line of said Location, a distance of 330.00 feet to the point of beginning and
containing �.00 acres, but subject to a counry road right-of-way off a part of the north side
of the above described �.00 acre tract.
The Grantors; Michael Fetcher and Tammy Fetcher. also convey and �varrant to the Grantees,
Paul E. Potts and Rosellyn P. Potts; Husband and \Yife, and Thomas E. Potts and Joann Potts,
Husband and �Vife. a permanent and perpetual thirty foot (30') �i�ide easement o��er and across
the above escepted five (�) acre tract located in Gibson County; Indiana. and described as
follo.vs to-wit:
A northeast part of Location �, To�vnship 1 North, Ranee 10 West in Washineton Township,
Gibson County, Indiana: and further described as follows:
Begin at a stone found at the north comer of Location �, To�vnship l North, Range 10 West;
and measure south 38 % degrees east along the northeast line of said Location, a distance of
660.00 feet to an iron set; thence measure south � 1% degrees west, a distance of 3 i0.00 feet
to an iron; thence measure north 38 % degrees west, parallel to the northeast line of said
Location, a distance of 660.00 feet to an iron; thence measure north � 1% degrees east; alone
the northwest line of said Location; a distance of 330.00 feet to the point of beginning and
containine �.00 acres; but subject to a countv road rieht-of-way off a part of the north side of
the above described �.00 acre tract.
The esact location of the easement shall be as desienated by the Grantees herein; Paul E. Potts
and Rosellvn P. Potts. Husband and ���ife, and Thomas E. Potts and Joann Potts. Husband and
�Vife. The easement shall be for the purposes of ineress and eeress to the above described real
estate bein� conveyed to the Grantees herein. Paul E. Potts and Roseliyn P Potts, Husband and
Wife. and Thomas E. Potts and Joann Potts, Husband and Wife, and for ingress and egress to
other real estate. The Grantees herein. Paul E. Potts and Roselhm P. Potts. Husband and Wife.
and Thomas E. Potts and Joann Potts, Husband and lVife, shall have the right to have the
easement area surveyed at their convenience. A recorded affidavit bv any one of the Grantees
describing the easement area afrer survey shall become, for all purposes, the permanent legal
description of such easement.
B. PARCEL �0224302
Part of Location Number � and pan of Location Number 6 and part of Fractional Section Number
24, Township I North; Range 10 ��'est and described as follo�i�s, to-wit: Beeinnine at a point
North 38-1/2 degrees �Vest 818.�# feet and South �l-1/2 degrees \'�'est 1089.33 feet from the
Southeast Corner of Location Number �. and run thence South 51-1/2 degrees �Vest 252 feet:
thence North 38-1/2 degrees West �60 feet; thence ATOrth �l-i/2 degrees East 209 feet; thence
Nonh 38-1/2 degrees �Vest 300 feet; thence South �1-1/2 degrees West 209 feet; thence North
38-1/2 degrees West 1224.7 feet to a point 495 feet North and 296.6 feet East of the A'oRh���est
Comer of the Fractional Southwest Quarter of Section 24, To�imship 1 North, Range ] 0 West;
thence East 325.3 feet; thence South 38-1/2 degrees East 1879 feet to the piace of beginnine
and containing 10.02 acres, more or less, subject to a right-of-�vay 20 feet �vide off the North
Side thereof, the same being the real estate described in Deed Record Book ] 02, Page 340, in
the Office of the Gibson Counn�. Indiana Recorder.
Also: Part of Location Number 5 and part of Location Number 6 and part of Fractional
Section Number 24, Township 1 North; Range 10 West, and described as follo�i�s, to-wit:
Beeinning at a point North 38-1/2 degrees West 818.�t feet South �1-1/2 West 1341.33
feet from the Southeast Corner of said Location Number � and run thence South � 1-1/2
deerees West 22�.83 feet; thence North 38-1/2 degrees West 2269.2 feet to a point 499 feet
Nonh and �.1 feet East of the North�vest Corner of the Southwest Quarter of Fractional
Section 24, said Township and Ranee thence East 291.� feet; thence South 38-1/2 degrees
East 1224J feet; thence South �1-1/2 degrees lVest 186 feer. thence South 38-I/2 deerees
East 300 feer, thence Nonh � 1-1/2 degrees East 186 feet; thence South 38-1/2 de�rees East
�60 feet to the place of beginnine and containing ] 0 acres more or less, subject to a riaht-
of-way 20 feet in width, whose center line begins in the North line of said tract of land at
the \rortheast Comer thereof and run thence West 48.1 feet; thence South 38-1/2 degrees
East to the public high���ay as now located, the same being the real estate described in Deed
Record Book 108; Page 379, in the Office of the Recorder of Gibson Counry; Indiana.
Also. part of Location Number � and part of Fractional North�vest Quarter of Section 24
and a part of Fractional Northeast Quarter of Section 23 in the To�ti=nship 1 North, Ranee
10 �Vest and bounded as follows: Beeinnine at a point in said Fractional Northwest
Quarter of said Section 24; 7-1/2 chains North of the South line thereof and 17?� chains
East of the West line thereof and running thence North 38-1/Z deerees West to the banl:
ofR�hite Ri��er, thence North �I-i/2 degrees East �.3� chains; thence South 38-1/2 degrees
East to a point 7-1/2 chains North of the South line of said Fractional Northwest Quarter
of Section 24; thence West 6.25 chains to the place of beginning_ containing 17 acres,
more or less; also a right-of-�vay 20 feet in width whose center line runs as follo«�s:
Begin at the Southwest Comer of the tract described above and running thence West 1�
chains; thence South 38-1/2 degrees East to the public high�i-ay as no�v located, the
same being the real estate described in Partition Record Book 2, Paee 4�8. in the Office
of the Recorder of Gibson Counn�. Indiana:
Also; part of Location Number 6 in To��mship I Nonh, Range 10 West; and described as
follows: Beginning at a point North 38-1/2 degrees West 1378.4 feet; thence South 51-I/2
deerees ��est 1132.33 feet from the Southeast Comer of Location Number � and run thence
South �l-i/2 deerees 39� feet thence North 38-1/2 degrees West, 300 feet; thence North
� 1-1/2 degrees East 395 feet; thence South 38-1/3 degrees East 300 feet to the place of
beginning and containing 2.72 acres, more or less the same being the real estate described
in Partition Record Book 4. Paae 84. in the Office of the Recorder of Gibson Countv, Indiana.
Subject, however, to all oil and gas leases now of record and unreleased of record.
C. PARCEL #0223402
Part of the Southeast Quarter of Fractional Section 23. Township 1 North, Range 10 West,
in \'�'ashington To�vnship: Gibson Counh�. Indiana and more paRicularly described as follows:
Beginning at a stone at the southeast comer of said Fractional Section and run Vl'est along
said Quarter Section line 1300.00 feet; thence Northeastwardly and following the ce�terline
of a county road in a meandering direction 18�0 feet more or less to the east line of said
Southeast Quarter. thence South along said east line 12�0 feet to the place of beoinning and
con[ainins 22 acres. more or less.
ALSO, part of the Northeast Quarter of Fractional Section 26, Township 1 North, Ranee ] 0
Vl'est in R'ashineron To�imship, Gibson County, Indiana and more particularly described as
follo�as:
Begin at a point in the north line thereof 14 chains and 3� linl:s (929.10 feet) West of the
northeast comer thereof; thence South 2 chains and 23.6 linl:s (147.�76 feet); thence East
2 chains and 23.6 links (1a7.576 feet); thence l�'orth 2 chains and 23.6 links (147.�76 feet);
thence West along the section line 2 chai�s and 23.6 links (147.576 feet) to the place of
beeinnine and containing 0.50 of an acre, more or less and containing in both parcels
22.�0 acres, more or less.
And upon the death of THOMAS E. POTTS, SR.. this Affiant became the sole o�mer of the above-
described interest in said real estate.
3. That, this Affiant further states that from the time this Af�iant and the decedent acquired the
foregoing-described real estate, that they lived together continuously as husband and �vife until the date of her
death.
=1. That, JOANiVE POTTS is one and the same person as JoA� POTTS.
That; this Affidavit is made for the purpose of inducing the Auditor of Gibson County to delete
the name of THOMAS E. POTTS, SR. from the tax rolls and Yor the further purpose of clarifying chain of title.
FURTHER AFFIANT SAITH NOT.
�J .�
�C� t�i.c;w � `:%�-��n
JoANN POTTS
Subscribed and s�vorn to before me. a Notan� Public in and for said Counri� and State this� � dav of
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My Commission Ezpires:
��tember 3. 201 �
R�sadOnt of Marion Counh�
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This Affidavit Prepared by G
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G, OR[A JEA�KI�jLEY, I�10TAR PUBLIC
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JEAN KITLEY, Attorney, 380 Main St.; Beech Grove, Indiana 46107.
Address forTax Purposes: � �� �s�3 �� lc�� /"�ac(.. �ir-C�-G�- �«i �%li;�s-�,
I affirm under the penalties f perjury, tha I have taken reasonable
care to redact each social sec rity number this document, unless required
by law. j'
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G /J N C EY