HomeMy WebLinkAbout#405 - Deed; ireland Road and miami Road, widened portion in the NW corner� III
a��,/ /� �
Gi
/��� //
r��/
��_.�...�..m...
.� � ��
.���
w
�" �� ,.
Uom ,any, ineo -
rrGri�1/ n'
referred to as "Grantor dei Cyr
Bend (hereinafter referred to as "City") for a period of 275
days beginning October 1 , 1966, the right
to enter upon a said strip of real estate in Section 25, Township
27 North, Range 2 East, St. Joseph County, Indiana and described
as follows:
Part of the Northeast Quarter (1/4) of the South-
east Quarter (1/4) of Section Twenty-five (25)
Township Thirty-seven (37) North, Range Two (2
East described as beginning at a point on the East
and West centerline of said Section Twenty-five,
(25), Two Hundred Sixty (260) feet West of the
— -- „_., .r (-I /dal
with the East line of said Section Twenty-five (25)
a distance of Three Hundred Fifty (350) feet; thence
West parallel to the East and, West centerline Hof
Section Twenty-five (25) a distance of Fifteen (15)
feet; thence North parallel to and with the East
line of Section Twenty-five (25) a distance of
Three Hundred Fifty (350) feet to the East and
West centerline of Section Twenty-five (25); thence
East Fifteen (15) feet along said East and West
centerline of said Section Twenty-five (25) to the
Place of beginning.
for the purpose of constructing a sewer system in a certain
easement granted by Grantor to City on the 9 day of
September , 1966 provided,however:
1. T That no ingress or egress to and from the de-
scribed real estate shall be made from the west boundary
the above described real estate;
R,
2. That City shall indemnify and 1111 ha,rnle,,s
Grantor from and against any and all claims or Suits for
damage to property or "Jury to persons,
death and for any expense to Grantor including accidental
from the construction Or maintenance, incident thereto arising
3. That this License in no way relieves City from
restrictions, if any, to which certain real estate is made
subject by deed, or otherwise, or any restrictions contained
in applicable zoning ordinances;
4. That upon completion of any work relative to said
sewer system upon the above described real estate, City will
replace, at City's expense, any sidewalks, curbs, drives,
shrubbery, lawns or other improvement to said real estate
to a condition equal to the condition of the real estate at
WITNESS our hand and seal this 9 day of
September A.D. 1966, at Indianapolis, Indiana,
INDIANA BELL TELEPHONE COMPANY,
INCORPORATED
By
F. A. Parsons, Chief Engineer
l' P
ATTEST: t�I RN, -1
'I mot
J.'R:'. Smith, Assistant Secr e tary
This Instrument prepared by Hugh Tuck Schulhof
Attorney at Law
- 2 -
Bay 6681 PAGE113
2. That City shall indemnify and save ,harmless
Grantor from and against any and all claims or suits for
damage to property or injury to persons, including accidental
death and for any expense to Grantor incident thereto arising
from the construction or maintenance of said sewer system;
3. That this License in no way relieves City from
restrictions, if any, to which certain real estate is made
subject by deed, or otherwise, or any restrictions contained
in applicable zoning ordinances;
4.That upon completion of any work relative to said
sewer system upon the above described real estate, City will
replace, at City"s expense, any sidewalks, curbs, drives,
shrubbery, lawns or other improvement to said real estate
to a condition equal to the condition of the real estate at
WITNESS our hand and seal this 9 day of
September A.D. 1966, at Indianapolis, Indiana.
INDIANA BELL TELEPHONE COMPANY,
INCORPORATED
ry
By
F. A. Parsons, Chief Engineer
r
ATTEST: c'
lay T7J . Smith, Assistant Secretary
This Instrument prepared by Hugh Tuck Schulhof
Attorney at Law
- 2 -
9 081 PAGE113
STATE OF INDIANA � SS.
COUNTY OF MARION
9 'PAGE414
M r
Before me, the undersigned, a Notary Public In
anal, for the County and State aforesald, thIs 9 day oE
September 1966, F. A. Parsons, Chief Engineer &
J. R. Smith., Asst. Secy. for Grantor, acknowledged the
execution Of the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand p
and affixed my official seal the day and year aforesaid..
C
EASEMENT
Received of the City of South Bend, St. Joseph
County, Indiana (hereinafter referred to as "City") the sum
of One Dollar ($1.00) in consideration of which Indiana Bell
Telephone Company, Incorporated (hereinafter referred to as
"Grantor") does hereby grant and convey unto City a perpetual
right of way and easement to locate, operate and maintain one
sewer system for the purpose of drainage under and across cer-
tain real property located in Section 25, Township 27 North,
Range 2 East, St. Joseph County, Indiana and described as fol-
lows:
Fart of the Northeast Quarter (1/4) of the South-
east Quarter (1/4) of Section Twenty-five (25)
Township Thirty-seven (37) North, Range Two (2�
East, described as beginning at a point on the
East and West centerline of said Section Twenty-
five (25), Two Hundred Fifty (250) feet West of
the Northeast corner of the Southeast Quarter (1/4)
of Section Twenty -.five (25); thence South parallel
with the East line of said Section Twenty-five (25)
a distance of Three Hundred Fifty (350) feet; thence
West parallel to the East and West centerline of
Section Twenty-five (25) a distance of Ten (10)
feet; thence North parallel to and with the East
Line of Section Twenty-five (25) a distance of
Three Hundred Fifty (350) feet to the East and
West centerline of Section Twenty-five (25); thence
East Ten (10) .feet along said. East and West center-
line of said Section Twenty-five (25) to the place
of beginning.
with the right to enter upon said property for the purpose of
constructing and maintaining said sewer system subject, however,
to the following terms and conditions:
1. That said sewer system shall be placed a minimum
of four feet below the grade level existing at the above
described real estate at the date of the execution of this
instrument;
.". PAGE
py,
BOOK i'AG'Alf)
2. That no ingress or egress -to and from the de-
scribed real estate shall be made from the west boundary of
the above described real estate, except during the term of a
certain License granted by Grantor herein to City herein dated
the 9 day of September 1966;
3. That said sewer system shall be constructed in
a substantial and workmanlike manner as quickly as possible
consistent with good construction practices so that upon com-
pletion of such construction there will be no visible evidence
of said sewer system;
4. That Grantor reserves the right and privilege
to fence or place any improvement on any part or all of the
above described property;
5. That upon completion of any work relative to
said sewer system upon the above described real estate, the
City will replace, at its expense, any sidewalks, curbs, drives,
shrubbery, lawns or other improvements to said real estate to
a condition equal to the condition of the real estate at the
date of the execution of this instrument;
6. That City shall indemnify and save harmless
Grantor from and against any and all claims or suits for
damage to property or injury to persons, including accidental
death andfor any expense to Grantor Incident thereto arising
I—— '_�-"J'_'. -- c f* sald mewev system; and
7- That this Easement in no way relieves City and its
successors in interest from restrictions, if any, to which said
real estate is made subject by deed, or otherwise, or any re-
striction contained in applicable zoning ordinances.
- 2 -
A.D. 1966, at Indianapolis, Indiana.
INDIANA BELL TELEPHONE COMPANY,
INCORPORATED
By
F. A. Parsons, Chief Engineer
ATTEST
6 N, d,.f.
j,
J. R"Amith, Assistant Secretary
This Instrument prepared by Hugh Tuck Schulhof
Attorney at Law.
» TATr, Or INDIANA )
COUNTY OF MARION
Before me, the undersigned, a Notary Public in and
for the County and State aforesaid, this 9 day of _
September .1 1966, F. A. Parsons, Chief Engineer and
J. R. Smith, Assistant Secretary for Grantor, acknowledged the
execution of the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year aforesaid.
,My Commission Expires:
Notary Public
BOOK 001, PAGE 1.11'
40 5
08339
p
ro
rn CU
CD
ZZ
08&39
.....
QUITCLAIM DEED ow
THIS IS A DEED dated � v; V - , , 1966) by STAFAC, INDIANA, INC., an
Indiana corporation with offices at Broadway in New York, New York 10005, and
SHELL OIL COMPANY, a Delaware corporation with offices at 50 West 50th Street in
New York, New York 10020, and BANKERS TRUST COMPANY, a New York corporation, with
offices at 16 Wal I Street in New York, New York 10015, as Trustee under an Indenture
of August 1, 1961, with STAFAC INDIANA, INC., (herein called "Stafac", "Shell", and
"Trustee", respectively), to City of South Bend, Indiana, (herein called "Grantee"):
For the sum of Eight Hundred Eighty Five Dollars ($885.00,) paid by the said
grantee, the receipt of which is hereby severally acknowledged.
1. Stafac remises, releases and quitclaims to Grantee all of Stafac's
rights, title and interest in and to the following described land (herein called
""Land"") situated, lying and being in the County of St. Joseph, State of Indiana, to -
wit:
Coll)
Beginning at a point 40' south and 301 west of the northeIM,,
corner of the SEu of sec. 25, T37N, R2E, said point being I
mi
the intersection of the south right-of-way line of Ire ndl-1:71,'—
711
Road with the west right-of-way line of Miami Road; th nce-
south along the west right-of-way line of Miami Road a dis-
tance of 47' to a point; thence northwesterly to a point on C.
the south right-of-way line of Ireland Road, said point
being 101 west of the point of beginning; thence east on the
south right-of-way line of Ireland Road a distance of 101 tom C2
the point of beginning.
2. Shell releases and quitclaims to Grantee all of Shell's right, title
and interest in the land, under the Service Station Lease between Stafac and Shell,
dated January 15, 1963 and recorded as Document No. 8902 in the St. Joseph County,
Indiana Records. Shell acknowledges that there shall not be any reduction in the
basic rent, the purchase price or any other of Shell's obligations under that Lease,
with respect to the service station premises described in Exhibit INDO6 attached to
said recorded lease, which included the land.
3. Trustee releases and quitclaims to Grantee all of Trustee's right,
title and interest in the Land under the Assignment of January 15, 1963, by Stafac Inc.
to Trustee. Recorded as Document No. 8907 in the St. Joseph County, Indiana records.
This Deed shall inure to the benefit of Grantee's successors and assigns.
EXECUTED as of the date first herein specified.
WITNESSES: STAFAC I, IANA, INC.
By
j
ATTESZ:,---�,-:�;—?-
- I —
WITNESSES:
IT SES:
C,
SHELL OIL COMPANY
By
ATTEST:
Assistant Sedr6tb
BANKERS TRUST COMPANY, a
I ,,
(INDIANA)
STATE OF NEW YORK )
) SS:
COUNTY OF NEW YORK)
Paid by
Stafac I
9-1-4-66
1.00
PP
256007
Receipt ------
St. Jose -ph Cjinty
JOSEPH 'BARBERA this A day of
19de, personally appeared STAFAC INDIANA INC., an
Indiana corporation, by LINWOOD E. GRAY and JOHN R. KIRCHNER, its President
and Secretary, respectively, and acknowledged the execution of the fore�oin,&
instrument.
tP.4
I I RAIRRBEIIA
jOF, pTq
PUBLIC, SNItoOf N&V'r York
72M
NOTARY
LAI '0'
Qualificd in Sifflolk County
Corwni,rion ME�&OU Varch 30, 1968 Not Public
x:.' 2�
CL
'3
rnuj=
BEFORE ME, DOUGLASS W. MARROWS this 0 - day of
19personally appeared SHELL OIL COMPANY, a
Delaware corporation, by E. C. MACDONALD and
its Manager,
Real Estate Division, Real Estate and Development Department, and
Assistant Secretary, respectively, and acknowledged the execution of the fore-
going instrument.
DOUMMS W. BARROWS
NOTARY PUBLIC, State of Now York
No. 31-0174400
Qualified in Now York County
Notary
Corazzissiom Expires March 30,1967
BEFORE ME, T1101vas" J. x.romm- this s day, of,
19 a, personally appeared BANKERS TRUST COMPANY, a
ca ration of the State of New York, by C and
, - D.. BLAXE LY A. fl-LOWENSTEIN
its Assistant Vice President and Assistant Secretary, respectively, and acknowledged
the execution of the foregoing instruir�irnt
"o
A
'e