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HomeMy WebLinkAbout#499- Deed; South Michigan Street - South Main Street - Walter Street Sewer Area easement and ROW Lots 9, 10, 11, and 120 u to 0 0 to zo A r, o t) u �j �o o o I o I to 1' H c �4 1 cn o CJ 0 < 0 0 �j Q c p u 1 34 1 142 ti .2 8- CZ o I to E5 w p x p 1-1 o o Ij o o au 74 Ij Li 1 4� to ro �4 Ij to t4 IN CONSIDERATION of the sum of One Dollar ($1.00) and other valuable consideration, receipt of which is hereby acknow- ledged, the undersigned, xorest G. Hay, does hereby release, grant, transfer and deliver unto the Civil City of South Bend, Indiana a permanent easement and right-of-way, for the following purposes, namely; The right to enter upon the hereinafter described land and grade, level, fill, drain, pave, build, maintain, repair, and rebuild roads, streets, highways, together with such bridges, culverts, ramps, and cuts as may be necessary, on, over, and across the ground embraced within the right -of -way�ereinaf ter described, further a permanent easement and right-of-way, including the perpetual right thereupon the real estate hereinafter described, at any time that it may see fit, for the purpose of constructing, maintaining and repairing, installing and renewing any water, sewer, and other utility facilities, 0 whether used in conjunction with general street purposes, or for the sole Purpose of constructing, maintaining, installing, repairing, and replacing and/or renewing such sewer or other facilities for all purposes whatsoever, including but not by way of limitation, drainage structures for both sanitary and storm sewer facilities on, over, and across the ground embraced within the right-of-way hereinafter described in St. Joseph County, Indiana, to wit: The west thirty (30) feet of Lots numbered 9, 10, 11 and 12 in John A. Byer's Addition unrecorded, these tracts of land being more closely described as follows: Part of the Southwest Quarter (4) of the Northwest Quarter (4) lying West of the Michigan Road, of Section Twenty-five (25), Township Thirty-seven (37) North, Range Two (2) East, described as beginning on the Westerly line of the Michigan Road at a point One Hundred Twenty (120) feet Northerly from the, South line of said Section Twenty-five (25), running thence Northerly along the Westerly line of said BOOK IM EASEMENT AND RIGHT-OF-WAY IN CONSIDERATION of the sum of one Dollar ($1.00) and other valuable consideration, receipt of which is hereby acknow- ledged, the undersigned, Forest G. Hay, does hereby release, grant, transfer and deliver unto the Civil City of South Bend, Indiana a permanent easement and right-of-way, for the following purposes, namely; The right to enter upon the hereinafter described land and grade, level, f ill, drain, pave, build, maintain, repair, and rebuild roads, streets, highways, together with such bridges, culverts, ramps, and cuts as may be necessary, on, over, and across the ground embraced within the right -of -waiereinaf ter described, further a permanent easement and right-of-way, including the perpetual right thereupon the real estate hereinafter described, at any time that it may see 4 fit, for the purpose of constructing, maintaining and repairing, 4 installing and renewing any water, sewer, and other utility facilities, whether used in conjunction with general street purposes, or for the sole purpose of constructing, maintaining, installing, repairing, and replacing and/or renewing such sewer or other facilities for all purposes whatsoever, including but not by way of limitation, drainage structures for both sanitary and storm sewer facilities on, over, and across the ground embraced within the right-of-way hereinafter described in St. Joseph County, Indiana, to wit: The west thirty (30) feet of Lots numbered 9, 10, 11 and 12 in John A. Byer's Addition unrecorded, these tracts of land being more closely described as follows: Part of the Southwest Quarter (4,) of the Northwest Quarter (a) lying West of the Michigan Road, of Section Twenty-five (25), Township Thirty-seven (37) North, Range Two (2), East, described as beginning on the Westerly line of the Michigan Road at a point One Hundred Twenty (120) feet Northerly from the South line of said Section Twenty-five (25), running thence Northerly along the Westerly line of said 6 and Michigan Road One Ilundred (1.00) ffee', tlacmcc cbae West One FAindred 1?iqbQv-bvn (JJ32) thEMCC Sc�uthcrly and parallel vAth the said Mich igan [Z(oad a dist-ance of Fifty (50) feet; tbencm flue East, Th i r9-y-'[:.wo (32) thenc(..' Southur I y an vA qara I I n I vviLh Ll lip, sC,a M i,ch ig an Road a distance of Fifty (50) fee�- �:�c�) t pc)inL due West of the U beq'mninq; Llienc,-o due Ri,rst,, Onci fknldred Fifty to the We".'�tcl'Ly uf tyre sa[d mJr-'hiqz1n rxid. the k.'ALaco of ljejxi(-, 1,ot-,s NUT]Lt`)(3t:cd (9) anx.l Ten (10) and (32) feet, CA' LCYt, NkAML)G2-1'("(J S''xt'e(m in 1-Jalln 1-tyey-s Add-Ld -ion. SLODiect to higliways. Also, p,jj-t. of the South(,ast Swrter (Q) of the Northwest. Qw;'}Iter (!i) ( f Suctum luenty-five (25), 11,11irty- -';CVC"M (37) Nk)Lth, B M I C J C TWO (2) East,, d(as(:r..Lhx,-,d as beynlrr'{ at, a '11%tv,ter t-y (20) fec.-t Nr,:)t,,-th and Five g-dund'red Tv,/enty-f.. avc-(525) feet East of SoUlhwest. cormn, A L h (2 N t hWO' St Q �'a a I, tx�" r (L'4 s ,a id n t " y-F'rvu (25), 'Pownshly) abirty-moven (37) North, Ramp u4n (2) East yo, j ch p"m t is on the 54) r U; I ine a f r n I and fhDad One 1�hjml to�(qt ],II f I :i 2) E(�:E,'t Of l'i o (a,. a t 1 '1- n �,, r) t� L CC, r a 1, 1 1, 1 q N o r t 1 F o (4 ) cj (-cj r, (,: crs F LC L L L , c) 1-1 c u, Ti d r e d 0 t,,,L ,,y,,jjc,j viti, Ejanarly line of thib, Streck East Onu mndmd O f l y (1150) ecat parallel Ovith Lhe NiorHfr. I.Lne of lLoL�'old koaid Lo line of Michigan SUOuL; Umnce 'SouAhI-J',/ L-he West 1. in M zetthc '- mce W(-.�""' StXeet (00 HUnd]C(2(,3 (100) f" 11anq the North line (A ireland Road ()nc HundrcdFifty (150) f c u l Vo Lhe place of bei.r1q, Lots Num_ bured Elmien (11) <Md TwC1vQ (1.2) n �Jye�j:,s Pr"oj.x,)Sed AdWjon, Pxceptim4 nareform tha!'Lt. r-)art by the StUe of Indiana ouid the StaLe HQtway Depunment fut" a CODI'E-"Y' SLCbj(�'('t tO k-""(,Jr)L zklj Subjucit LO the exisLinq held l-,ly Indiar�a & MiAblgmi Electric Umpany and z(.�)ninc-� To bave and to ImId Hic S,-A,id, easeinent and riqhL-of-way tjQC-', Civil. City ():f �l , � T, j"t S()Ltjj Berl, JL:ana., and unto its successors And Llwc, granons herebv covP-ol,1-11- with th(-CivL]. C'I'ty' Of SC:.cuth beu)aJ' lmjii:maa t-i)at, they are lawflallySErJ.Z(.d ind txact or parcol of lamcD that they, have a (food and 1"awfo], �,ind t.,jicit, �j.t- is free frorrial.l �31 BOOK 7JIj WAGE 'encumbrances; and that they will warrant and forever defend the title in quiet possession thereto against the lawful claims of all persons whomsoever. And as a further consideration for the payment of the purchase price, above stated, the grantors hereby release all claims for damage, from whatsoever cause, incidental to the exercise of any of the rights herein granted, from the beginning of the world until this date. it is understood and agreed by the parties hereto, that wherever in the foregoing instrument the singular number is used, it will be read as plural, if and when necessary, and that wherever words of neuter gender are employed, they will likewise apply to the masculine gender, whenever the contracts require. IN WITNESS WHEREOF, the parties have hereunto set -their 1968. hands and seals this day of c Ce) C) 'S Attest: STATE OF INDIANA ) SS: ST. JOSEPH COUNTY Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Forest G. Hay who acknowledged the execution Of the foregoing Easement and Right -of -Way as his free acid ,voluntary act and deed for the uses and purposes set forth, my notarial seal thise day Of 'C omission Expires: Notary Pulj?lic