HomeMy WebLinkAbout#356- Deed; Bendix Drive, portion extending approx 714' south of intersection of lathrop street,,
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Boo 643 P,
AGREE1,1ENT OF EASEMENT
This Agreement made and entered into this ay
of C,.-, 1963, by and between the civil city of
South Bend, Indiana (hereinafter referred to as "City"), First
Bank and Trust Company of South Bend, as Trustee of the Joyce
Goff Trust, and as guardian of David Barthel, Jr., Joyce Krill
Krill, his wife, William L. Krill and Dorothy V. Krill, his wife
��' (hereinafter referred to as Grantors).
WHEREAS; the City desires to use for general street
purposes, a portion of the Grantors2 property, and
WHEREAS, the Grantors hereto are desirous of hav-
ing the City so utilize said property for general street purposes,
NOW, THEREFORE, WITNESSETH, that for and in con-
,
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serest on of One ($1,00) Dollar in hand paid the Grantors, by
tRe City, the receipt of which is hereby acknowledged, and of the
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nsiderations, and conditio
ns hereinafter stated, the
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and orshereby grant, bargain, sell, convey and warrant to the
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extent of their interest to the My, to have and to hold forever,
a perpetual right-of-way and easement, including the perpetual
right to enter upon the real estate hereinafter described with
the right, privilege and authority of the City, its assigns,
lessees, and contractors, to grade, level, fill, drain, pave,
build, maintain, repair, and rebuild a road or highway together
,with th such bridges, culverts, ramps, cuts, sidewalks and curbs, as
imay be necessary, and to construct, maintain, install, repair,
I
replace and renew water, sewer and othax, Ui-3-11+-v
�to use for general street purposes, and the further right to re -
(move trees, bushes, undergrowth, and other obstructions interfer-
ling with the street, over, along, through, and across property
owned by the Grantors situated in the Northeast Quarter ('X') Of
Section Thirty -Three (33), Township Thirty-eight (38) North,
Range Two (2) East, in St. Joseph County, Indiana. Said right-of-
way and easement being more particularly described as 20110148,'
n
Beginning at the Northeast Corner of Section
Thirty-three (33), Township Thirty-eight (38) North
Range Two (2) East; thence South along the East line
of said Section a distance of Seven Hundred Fourteen
and Forty-five Hundredths (714.45) feet; thence west
a distance of Forty (40) feet; thence north along a
line forty (40) feet west of and parallel to said
Section line a distance of Seven Hundred Fourteen and
Forty -Five Hundredths (714.45) feet; thence east a
distance of Forty (40) feet to the point of beginning.
Said parcel contains Six Hundred Fifty-six Thousandths
(0.656) acres, more or less.
The City further agrees as follows:
(a) To act in a workmanlike manner as expeditiously as
possible so as not to interfere with the use of the Grantors2
property and buildings.
(b) To indemnify and hold harmless the Grantors of any
damages, claims and judgments of any and all kind, by reason of
any action taken, thing done or work performed by the City, its
assigns, lessees, and contractors in the performance of work con-
templated under this Agreement.
The Grantors further agree as follows:
aforedescribed tract or parcel of land; and that they have a good
and lawful right to convey and grant it; that it is free from all
encumbrances; and that it will warrant and forever defend the tit]
and quiet possession thereto against the lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, the civil City of South Bend, Indiana,
First Bank and Trust Company of South Bend, as Trustee of the
Joyce Krill Goff Trust, and as, guardian of David Barthel, Jr.,
Joyce Krill Goff and Harvey Goff, her husband, Nicklas F. Krill
land Maria i® Krill, his wife, William L. KrilL and Dorothy V'.
his wife, have hereunto set their hands and seals on the above da
Civil City of South Bend, Indiana
licity, I
Boa 64 fxnj I
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First Bank and Trust Company of South
Bend, As Trustee of the Joyce Krill fi
as guardian,- f David
Goff Trust��'
Barthel
By I
Gilbert L. Vance, Vice- rest ent
and Trust officer
�"'Attest :
Step -h-e-n'-Kompar
Assistant Secretary
STATE OF INDIANA )
) SS-.
ST. JOSEPH COUNTY)
BooK 643 PACE 312
TIT—e �(rill Goff
Ha:bvey GqY)t
Nicklas F. Krill
Maria I. Kr:Lll
William L. Krill
Dorothy V. Y�rill
Before me, the undersigned, a Notary Public, in and for
said County and State, on the Y54 day of 1963, appear-
se,e-
ed Gilbert L. Vance and Stephen Kompar, respectively aAVice-Presi-
dent and Trust officer? and Assistant Secretary, and acknowledged
execution of the foregoing instrument to be their voluntary act
�G and"'dee'd on behalf of the First Bank and Trust Company of South
—Benda" Trustee of the Joyce Krill Goff,,Trust, and as guardian of
Barthel, Jr.
My Commie7z PANot�a—P—ubllc
Commisqr ROLYN M. WARRE
ion Expires: )"7
STATE CP MICHIGAN
('O[INTY O-P MASOD1 -
Before me, the undersigned, a Notary Public, in
said County and State, on the // day of 1963
IliJoyce Krill Goff and Harvey Goff, her hu ?band, and acknO
execution of the foregoing instrument to be their vo
lii -3-
[My commission Expires:
:1 and seal this
/_day of 1063-
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Notary Public
MARION It FEKRIS
DWARY PUBLIC, MASON CO. MICIL
XT COMM. EXKM SM. 24 IM
Before me, the undersigned, a Notary Public, in and for
';
said County and State, personally appeared Nicklas F. Krill and
!IMaria I. Krill, his wife, and acknowledged the execution of the
foxcgoing instrument to be their voluntary act and deed.
Witness my hand and seal this W Lday of
N 0
f"R)LD J.
14y Commission Expires:
My Commission Expires June 10, 1967
FAIMP-M
Before me, the undersigned, a Notary Public, in and for
said County and State, personally appeared William L. Krill and
Dovothy V. Krill, his wif�— a -ad ack-nowl-adcrad thcl, of th
foregoing instrument to be their voluntary act and deed.
Witness my hand and seal thisl�v)o(day of 1963.
Notary Public7-
8qql.YN M, WARREN
My Commission Expires:
Before me, the undersigned, a Notary Public, in and for
`said County and State, 'personally appeared Raymond S. Andrysiak,
"Edwin L. Davies, and Irving J. Smith, and acknowledged the execu-
J� Ition of the foregoing instrument as the voluntary act and deed of
said City.
(7L
Witness my hand and seal this '.L-4-day of 1963.
Notary Public
My commission Expires:
BOOK D643 PAcE313
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