HomeMy WebLinkAbout#304 - Deed; Ribourde Dr, Easement West from Portager
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E A S E M EN T
THIS INDENTURE, made and entered into by and between
—DIOCESE QE F )RT WA
an Indiana Corlooration,.-,
hereinafter referred to as the parties of the First Part,
and THE CIVIL CITY OF SOUTH BEND, INDIANA:
I "M
WITNESSETH:
That for and in consideration of the sum of One Dollar,
cash in hand paid, the receipt of which is hereby acknowledged,
and the rt-utual considerations hereinafter set forth, the parties
of the first part have this day bargained and sold, and by these
presents do bargain, sell, convey, transfer and deliver to the
CIVIL CITY OF SOUTH BEND, INDIANA, a permanent easement and
right-of-way, including the perpetual right to enter upon the
real estate hereinafter described, at any time that it may see
fit, and construct, maintain, install, repair, replace, and
renew storm sewers, sanitary sewers, water mains, and electrical
underground conduits, including man -holes, meter pits, and necessary
appurtenances, thereto over, along, and across property owned by
first party, together with the right to excavate and refill
ditches and/or trenches for the location of said underground
sewers, water mains, electrical underground conduits, man-holesi
meter pits and the further right to remove trees, bushes, under-
growth and other obstructions interferring with the location,
con;,,truction, and maintainance of the same.
The land affected by the grant of this easement and the
right—of-way is located in the County of St. joseph, in the State
of Indiana, and the easement and right-of-way hereby granted
follows:
See attached description as initialed by the Grantors.
The parties of the First Part further grant unto the Civil City
of South Bend, Indiana, a permanent easement and right-of-way to
construct an open storm drainage ditch, and to maintain, deepen
and keep in repair such open storm drainage ditch or drain, tile
drain or both, over and across said land ,Of the parties of the
First Part, herein above described, of such ' character and sufficient
size as to make a proper and sufficient outlet forever for any
drainage system said Civil City of South Bend, Indiana, may establish
upon said lands so as to sufficiently drain the same, in such
manner as said civil city of South Bend, Indiana, may deem advisable,
BOOK 831 PIWE1217
LEGAL DESCRIPTION
OF
PERMANENT SEWER EASEMENT
PROPERTY OF
THE CORPUS CH.RISTI CHURCH
A portion of the Northeast Quarter (1/4) of the
Southwest Quarter (1/4) and a portion of the Northwest Quarter (1/4)
of the Southeast Quarter (1/4) of Section 27, Township 38 North,
Range 2 East, and a part of the City of South Bend, German and
Portage Townships, St. Joseph County, Indiana; more particularly
described as follows:
x u
Commencing at the Northeast corner of the Southwest
Quarter (1/4) of Section 27� Township 38 North Range 2 East; thence
� ',� �� ,, ° Nos t'h'�Ei "ht niaam TDe "rees'Fift seven Minutes,, -Three, Seconds, ,'West '
(NB9057'03tV), along and with the north line of the aforesaid Southwest
t Quarter (1/4) of Section 27, a distance of Three: Hundred Thirty- three
and Fifty-two Hundredths (333.52) feet; thence South Zero Degrees,
Ten Minutes, Fifty-seven Seconds, East (S00010157"E), a distance of
Four Hundred Sixty-six and Nineteen Hundredths (466. 19) feet to the
point of beginning; thence South Sixty-four Degrees, Thirty-one Minutes,
Fifty -Seconds, East (S64031150"E), a distance of Fifty-five and
Fifty-nine Hundredths (55. 59) feet; thence South Eighty-nine Degrees,
Fifty-eight Minutes, Seventeen Seconds, East (S89058117"E), a distance
of Six Hundred Forty-eight (648. 00) feet; thence northeasterly along an
are concave to the northwest with a radius of One Hundred Twenty (120. 00)
feet, a long chord of One Hundred Sixty-three and Seventy-three Hundredths
(163.73) feet, a chord bearing of North Forty-seven Degrees, Zero
Minutes, Forty-two Seconds, East (N47000142"E), an arc distance of
One Hundred Eighty and Nineteen Hundredths (180. 19) feet; thence
continuing northeasterly along an are concave to the southeast with a
radius of One Hundred Seventy (170.00) feet; a long chord of One Hundred
Seventy-six and Forty-seven Hundredths-(176.47) feet, a chord bearing
of North Thirty-five Degrees, Fifteen Minutes, Forty-two Seconds, East
(N35015142"E), an are distance of One Hundred Eighty-five and Fifty-four
Hundredths (185. 54) feet; thence North Sixty-six Degrees, Thirty-one
Minutes, Forty-two Seconds, East (N66031142""E), a distance of One
Hundred Thirty-three and Sixty -One Hundredths (133.61) feet to the
center line of Portage Avenue; thence South Twenty-three Degrees,
Twenty-eight Minutes, Eighteen Seconds, East (S23028118"E), along and
with the center line of Portage Avenue a distance of Fifty (50.00) feet;
thence South Sixty-six Degrees, Thirty-one Minutes, Forty-two Seconds,
West (S66031 `42"W), a distance of One Hundred Thirty-three and Sixty-
one Hundredths (133.61) feet; thence southwesterly along an arc concave
to the southeast with a radius of One Hundred 'Twenty (°120.00) feet, a long
M chord of One Hundred Twenty-four and Fifty-seven Hundredths (124.57)
feet, a chord bearing of South, Thirty-five Degrees, Fifteen Minutes,
to Forty-two Seconds West (S35015'42'"W), an arc dicta of One Hundred
011"
pipe, and electrical conduit and the excavated dirt on either side
of said easement ONLY DURING THE PERIOD OF CONSTRUCTION AND
INSTALLATION of any of the above and foregoing sewers, etc.
First Party reserves the right to construct buildings and
structures across the: right of way and easement granted above
i provided, however, there shall not be a weight bearing wall within
the right of way and casement which would exert pressure or weight
on the: sewer pipe, water mains, or electrical conduits. Any
N
LEGAL DESCRIPJ'ION
OF
PERMANENT SEWER EASEMENT
PROPERTY OF
THE CORPUS CHRISTI CHURCH
A portion of the Northeast Quarter tl/4) of the
Southwest Quarter (1/4) and a portion of the Northwest Quarter (1/4)
of the Southeast Quarter (1/4) of Section 27, Township 38 North,
Range 2 East, and a part of the City of South Bend, German and
Portage Townships, St. Joseph County, Indiana; more particularly
described as follows:
Syr Commencing at the Northeast corner of the Southwest
Quarter (1/4) of Section 27, Township 38 North, Range 2 East; thence
(N89057103"W), along and with the north line of the aforesaid Southwest
Quarter (1/4) of Section 27, a distance of Three Hundred Thirty- three
and Fifty-two Hundredths (333. 52) feet; thence South Zero Degrees,
Ten Minutes, Fifty-seven Seconds, East (SO0010157"E), a distance of
Four Hundred Sixty-six and Nineteen Hundredths (466. 19) feet to the
point of beginning; thence South Sixty-four Degrees, Thirty-one Minutes,
Fifty -Seconds, East (S64031150"E), a distance of Fifty-five and
Fifty-nine Hundredths (55. 59) feet; thence South Eighty-nine Degrees,
Fifty-eight Minutes,, Seventeen Seconds, East (S89058117"E), a distance
of Six Hundred Forty-eight (648. 00) feet; thence northeasterly along an
arc concave to the northwest with a radius of One Hundred Twenty (120. 00)
feet, a long chord of One Hundred Sixty-three and Seventy-three Hundredths
(163.73) feet, a chord bearing of North Forty-seven Degrees, Zero
Minutes, Forty-two Seconds, East (N47000142"E), an arc distance of
One Hundred Eighty and Nineteen Hundredths (180.19) feet; thence
continuing northeasterly along an are concave to the southeast with a
radius of One Hundred Seventy (170. 00) feet; a long chord of One Hundred
Severity -six and Forty-seven Hundredths (176.47) feet, a chord bearing
of North Thirty-five Degrees, Fifteen Minutes, Forty-two Seconds, East
(N35015142"E), an arc distance of One Hundred Eighty-five and Fifty-four
Hundredths (185. 54) feet; thence North Sixty-six Degrees, Thirty-one
Minutes, Forty-two Seconds, East (N66031142"E), a distance of One
Hundred Thirty-three and Sixty -One Hundredths (133.61) feet to the
center line of Portage Avenue; thence South Twenty-three Degrees,
Twenty-eight Minutes, Eighteen Seconds, East (S23028'18"E), along and
with the center line of Portage Avenue a distance of Fifty (50.00) feet;
thence South Sixty-six Degrees, Thirty-one Minutes, Forty-two Seconds,
West (S66031142"W), a distance of One Hundred Thirty-three and Sixty-
one Hundredths (133.61) feet; thence southwesterly along an are concave
to the southeast with a radius of One Hundred Twenty (120.00) feet, a long
chord of One Hundred Twenty-four and Fifty-seven Hundredths (124. 57)
feet, a chord bearing of South, Thirty-five Degrees, Fifteen Minutes,
Forty-two Seconds West (S35015142"W), an arc dist of One Hundred
000P 711�
First Party reserves the right to construct buildings and
structures across the right of way and easement granted above
provided, however, there shall not be a weight bearing wall within
the right of way and easement which would exert pressure or weight
on the sewer pipe, water mains, or electrical conduits. Any
' n
BON 031 mcdh
M
Thirty and Ninety-seven Hundredths (130, 97) feet; thence continuing
southwesterly along an are concave to the northwest with a radius
of One Hundred Seventy (170. 00) feet, a long chord of Two :Hundred
Thirty-one and Ninety-five Hundredths (231. 95) feet, a chord bearing
of South Forty-seven Degrees, Zero Minutes, Forty-two Seconds,
West (S47000142"W), an are distance of Two Hundred and Fifty-five
and Twenty-seven Hundredths (255, 27) feet; thence North Eighty-nine
Degrees, Fifty-eight Minutes, Seventeen Seconds, West (N89058117°'W),
a distance of Six Hundred Ninety-seven and Eighty-two .Hundredths
(697.82) feet, thence North Zero Degrees, Ten Minutes, :Fifty-seven
Seconds, West (N00010157"W), a distance of Seventy-three and Eighty-
eight Hundredths (73 88) feet to the point of beginning
?r�'
,typed 1-31-62
First Party reserves the right to construct buildings and
structures across the right of way and easement granted above
provided, however, there shall not be a weight bearing wall within
the right of way and casement which would exert pressure or weight
can the sewer pipe, water mains, or electrical conduits. Any
BOOK 83',
i }
LEGAL. LDESC'RIPTION
OF u
PERMANENT SEXIER EASEMENT
PROPERTY OF THE CORPUS CHRISTI CHURCH
f ACE
A portion :of the Northeast Quarter (1/4) of the
Southwest Quarter (1/4) of Section 27, Township 38 North
Range 2 East, and a part of the City of South Bend, German Town-
ship, St, Joseph County, Indiana, more particularly described
as follows: ;
First,. Party reserves the righ
structures across the right of way
Provided, however„ there shall not
the right of way and casement whicx
To have and to hold said easement and right-of-way unto said
CIVIL CITY OF SOUTH BEND, INDIANA, and unto it's successors and
assigns, forever.
rphe parties of the first part do hereby covenant with THE
CIVIL CITY OF SOUTH BEND, INDIANA, that they are lawfully sehave
ized
and possessed of the real estate above described, that they
a good and lawful right to convey it, or any part thereof, that
it is free from all encumbrances, and that they will forever
warrant and defend the title thereto against the lawful claims
of all persons whomsoever.
Said CIVIL CITY OF SOUTH BEND, INDIANA., agrees to pay to
the first party any damage which may result to it's property by
reason of the construction, laying and installation of the above
and foregoing
Said, CIVIL CITY OF SOUTH BEND, INDIANA further agrees;
A. To construct the sewer pipes, water mains, electrical
conduits and necessary appurtenances in a workman -line manner as
expeditiously as possible so as not to interfere with the use
to the First Party of its buildings and property not herein
described.
B. To indemnify and hold harmless First Party of any
costs, damages, suits, claims, and judgments of any and all kind
and nature by reason of any action taken, thing done or work
p,rformed by CIVIL CITY OF SOUTH BEND, INDIANA, its assigns,
lessees, and contractors, in the constructing of sewer Pipe,
water mains, and electrical conduits and other necessary
svation -
D. To furnish and make
rer service tap, the locat
+ VA Ir i- X7 - This nrovision
electrical conduit and "to lay and i
I I _.,,.a.,. ,, - and to
First Party a
structures across
provided, however
the right of way i
on the sewer pipe
plans calling for the construction of ease
buildings or structures
which wou 1 across the right of way and ment shall be submitted
to the city Engineer of second Party for approval of that portion
of the buildings and structures that cross the.right of way and
casement before construction be undertaken.
IN 'WITNESS WHEREOF, the parties of the First Part have
be executed and subscribed by them
a these presents to I lc�-
STATE OF INDIAIqAr ST. jOSEpH COUNTY SS:
Before me, the undersigned, a Notary
public in and for said county and
State, personally appear(-,d-.
Le-,,o ley pjjrc,,' -, and
Arthur F . JJacDonald, President and
S....tary, respoctively of the
D i o c e s c 0r 0,(, t - wayne, jncorpOrctedt
and India,aa Corporation
d, ac knowled9ca thu c-,xccution Of
the, 0 f regoing -
ln' I witnd'S5 whereof, I have: horounto
nature and af f ixud my
this:��ay
offici4 "s(-,a
L�onergan
Public $Teen PIS
sion expires
Prepared by R,S, ArLdrYsiak
of
Board of public Works& safety.
This instrument was prepared k
at Law, 625 Odd Fellows Build)
INCORPORATED
an Indi ana
B
Leo A. Pursley
Arthur F. Mac Donald,
secretary
taj
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