HomeMy WebLinkAbout#506 - Deed; Airport Industrial Park Sewer Phase 389967
EASEMENT
In consideration of the sum of One Dollar ($1.00) cash in
hand paid, receipt whereof is hereby acknowledged, the undersigned
'hereby grant, bargain, sell, convey, transfer, deliver unto the civil
City of South Bend, a permanent easement and right-of-way, for the
following purposes, namely, The right to enter upon the hereinafter
described land at any time that it may see fit, for the purpose of main-
taining and repairing, installing and renewing any water, sewer, and
other utility facilities, whether used in conjunction with general street
purposes, or for the sole purpose of 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 or for flood
control purposes, on, over, and across the ground embraced within the
right-of-way hereinafter described, which is located within the boundaries
of a tract or parcel of land situated in the County of St. Joseph, State
of Indiana, briefly described as follows:
A tract of land in the Southeast quarter (1/4) of Section 28,
T38N, R2E, German Township, St. Joseph County, Indiana.
Commencing at the Southeast corner of said Section 2B; then
N 00000'00" E on and along the East line of said Section 28, said
line also being the centerline of Bendix Drive, a distance of
1353.92'; -thence S 46045'00" W a distance of 27.46' to the West
line of Bendix Drive, the true place of beginning; said tract
being 30.00' wide and centered on a line continuing on a bearing
of S 46 0 4510011 W a distance of 444.58'; thence S 80 0 30'00" W a
distance of 427.401; thence S 00 000100" W a distance of 202.50';
said tract contains 0.74 acres, more or less.
To have and to hold said easement and right-of-way unto the Civil
City of South Bend, Indiana, and unto its successors and assigns
forever.
And the said Grantors hereby covenant with the Civil City of south
Bend, Indiana that they are lawfully seized and possessed of the afore -
described tract or parcel of land, that they have a good and lawful
L/
right: to sell and convey; that it is
free from all 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 and after -this date.
It is understood and agreed by the par -ties 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 contacts require.
IN WITNESS WHEREOF the parties have hereunto set their hands
and seals this 11th day of January 1 1971 .
THE SOUTH BEND TRIG
E
By:
ATTEST": f is Vic resident
rC.I.I. Tre
p
Z C",
E 7".
Secretary
State of Indiana
0
SS:
St. Joseph County
Before me, a Notary Public in and for said County and State-, peEqonail
y
appeared Warren _.G._'eJhee1er, Jr, and Franklin D. Schura. Jr. , to me
personally known and known to be the Vice President and Secretary
South , and acknow-
.cospc-�c-tively of The Bend Tribune
ledged execution of the above and foregoing easement for and on behalf
of said corpora
tion as its voluntary act and deed. '
Notary uh is
My Commission Expires: March 6, 1971