#2884- Deed; SEWER CONTRACT South half of N.E. quarter of Sec. 18,Twsp 38N,Range 3 East

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L mil, \ �� SEWER CONTRACT NO. RECORDED On ` 07/22/2003 01:39:44PM THIS AGREEMENT, made and entered into this 1� day of by and between Kendall -Weiss, L.L.P., and their successors and assig4((reir> e �NTY KENDALL-WEISS), and the City of South Bend Board of Public Works, hereinafte SME]k CITY, WITNESSETH: REC FEE: $19.00 PAGES: 6 That KENDALL-WEISS and the CITY, for the consideration hereinafter named, agree as follows: 1. KENDALL-WEISS shall proceed dependent upon procurement of materials and labor to construct a local sanitary sewer system (hereinafter called IRONWOOD SEWER EXTENSION) to serve the West side of North Ironwood Drive, east of Hollyhock and abutting Ironwood Drive, South of State Line Road and North ofAuten Road (see Service Area Map, herein attached as exhibit A), more particularly described as: THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 3 EAST; EXCEPTING THEREFROM THE SOUTH 330 FEET OF THE SOUTHEAST QUARTER OF SAID NORTHEAST QUARTER AND THE SOUTH 660 FEET OF THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER IN CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 14ARRISON MONUMENT, BURIED 0.1 FEET MARKING THE NORTHEAST CORNER OF SAID SECTION, ALSO, BEING STATE PLANE COORDINATE STATION MONUMENT NUMBER 686, RECORD OF THE COUNTY SURVEYOR OF SAID COUNTY; THENCE SOUTH 0 DEGREES 19 MINUTES 32 SECONDS EAST ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 1323.37 FEET TO THE NORTHEAST CORNER OF SAID SOUTH HALF AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG SAID LINE, A DISTANCE OF 993.37 FEET TO A POINT BEING NORTH 0 DEGREES 19 MINUTES 32 SECONDS WEST, A DISTANCE OF 330 FEET FROM THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER, SAID SOUTHEAST CORNER BEING MARKED BY AN IRON ROD, BURIED 1.2 FEET; THENCE SOUTH 89 DEGREES 22 MINUTES 09 SECONDS WEST PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 1320.06 FEET TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH 0 DEGREES 21 MINUTES 58 SECONDS WEST ALONG SAID WEST IANE. A DISTANCE OF 330.00 FEET; THENCE SOUTH 89 DEGREES 22 MINUTES 09 SECONDS WEST PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 1320.29 FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER, WHICH POINT BEING NORTH 0 DEGREES 24 MINUTES 23 SECONDS WEST, A DISTANCE OF 660 FEET FROM THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER, SAID SOUTHWEST CORNER BEING MARKED BY A BENT 518 INCH IRON ROD, BURIED 0.8 FEET; THENCE NORTH 0 DEGREES 24 MINUTES 23 SECONDS WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 663.74 FEET TO THE NORTHWEST CORNER OF SAID SOUTH HALF; THENCE NORTH 89 DEGREES 22 MINUTES 39 SECONDS EAST ALONG THE NORTH LINE OF SOUTH HALF, A DISTANCE OF 2641.52 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 50.232 ACRES, MORE OR LESS; AND SUBJECT TO ANY COVENANTS, EASEMENTS, RESTRICTIONS AND RIGHT OF WAY OF RECORD.