HomeMy WebLinkAbout#508 - Deed; easement - gilmer park for sanitary and storm sewer91053
EASEMENT
In consideration of the sum of One Dollar __J$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
maintaining 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 seven and one-half (7-1/2) foot wide and a fifteen (15)
foot wide Permanent Easement, and a forty (40) foot Temporary
Easement adjacent to and North of the herein described Permanent
Easement, said Permanent Easement being more fully described as;
Extending seven and one-half (7-1/2) feet North of the
Westerly 90 feet and seven and one-half (7-1/2) feet on each
side of the 240-foot continuation of a line, said line being
more fully described as:
Beginning at a point on the East Lot Line of Lot No. 40 of
the Jewelwood Addition 717.4 feet South of the centerline of
Jewel Street, said point being on the centerline of Ritter Street
extended; thence proceeding Easterly 330 feet along the center-
line of Ritter Street extended to the East line of the Maud L.
Ritter Perkin's property or more fully described as -taxing unit
17.340-iz
To have and to hold the 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
734 5
A
BOOK 734 PAGE616
described tract or parcel of land; that they have a good and lawful
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 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 context, requires.
IN WITNESS WHEREOF the parties have hereunto set their hands and
seals this 2nd day of
STATE OF INDIANA
SS:
ST. JOSEPH COUNTY
February 19�7 1
Before me, a Notary Public, in and for said County and State,
personally appeared George W. Perkins and Ruth R. Carey
who acknowledge the execution of the above and foregoing
eas"eme6t-,,a�`,',their free and voluntary act and deed this 2nd day of
Pe �riaxar 4 1971
my CQmmiss * 10' n Expires: Notary Public
January PL-T, 1975 David A. Wells
:Z1 71
Tjjis Instrunieiat prepared by: S.J. Crumpacker
7,
91050
0
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
maintaining 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,.inthe County of
St. Joseph, State of Indiana, briefly described as follows:
A seven and one-half (7-1/2) foot wide and a fifteen (15)
foot wide Permanent Easement, and a forty (40) foot Temporary
Easement adjacent to and North of the herein described Permanent
Easement, said Permanent Easement being more fully described as:
Extending seven and one-half (7'-1/2) feet North of the
Westerly 90 feet and seven and one-half (7-1/2) feet on each
side of the 240-foot continuation of a line, said line being
more fully described as:
Beginning at a point on the East Lot Line of Lot No. 40 of
the Jewelwo,od Addition 717.4 feet South of the centerline of
Jewel Street, said point being on the centerline of Ritter Street
extended; thence proceeding Easterly 330 feet along the center-
line of Ritter Street extended to the East line of the Maud L.
Ritter Perkin's property or more fully described --as taxing unit
2-01-01
17.340-12
To have and to hold the 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
Boax 734 PAGE615
4 73phi 16
BOOKw
described tract or parcel of land; that they have a good and lawful
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 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 context requires.
IN WITNESS WHEREOF the parties have hereunto set their hands and
seals this 2nd day of February 1971 .
STATE OF INDIANA ) 4
SS:
ST. JOSEPH COUNTY )
Before me, a Notary Public, in and for said County and State,
personally appeared George W. Perkins and Ruth R. Carey
who acknowledge the execution of the above and foregoing
easineA.t-as'^,their free and voluntary act and deed this 2nd day of
Febxtary �-� s` 1971 ,
a t
my Commi s,�bn.Expires: Notary Public
Janwaty.22, 19'75 David A, Wells
This Instrument prepared by: S.J. Crumpacker x"
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