HomeMy WebLinkAbout#509 - Deed; Easement - Gilmer Park for sanitary and storm sewerin band paid, receipt whereof is hereby acknowledged, the undersig;.
hereby grant, bargain, sell, convey, transfer, deliver unto the Ci-
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
11iai:z1�a1,,n,1nq 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 boundaries of a tract or parcel of land situated in the
County of St. Joseph, State of Indiana, briefly described as follows:
A Permanent Easement extending seven and one-half (7-1/2)
feet South of a line 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 90 feet along the centerline
of Ritter Street extended to the East line of the Wa Lot 30
Ritters Pro. to Dixie Gardens -- taxing unit 2-01-01 ;
17-340.03
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
the afore described tract or parcel of land; that they have
and lawful right to sell and convey; that it is free from al
brances; and that they will warrant and forever defendthe title'�n"f°
yj�Nol I
quiet possession theretoagainst 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
Yn yes 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 15th day of January-1 1971 .
w
°' c. '
gra
STATE OF INDIANA )
SS.
ST. JOSEPH COUNTY )
Before me, a Notary Public, in and for said County and State,
pers 4na lly appeared Doris J. BBanaszak and John P. Banaszak
who acknowledge the execution of the above and foregoing
s6nd°nt,°as their free and voluntary act and deed this f day
r
197 /
61
my Commission Expires: otar P 6 1'c
i
This Instrument prepared by: i.J, Crump
.. ,/,,,,.,,,,,,,,,a
I
9105*
EASEMENT
In consideration of the sum of one Dollar ($1,00) cash
in band 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 boundaries of a tract or parcel of land situated in the
County of St. Joseph, State of Indiana, briefly described as follows:
A Permanent Easement extending seven and one-half (7-1/2)
feet South of a line 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 90 feet along the centerline
of Ritter Street extended to the East line of the Wh Lot 30
Ritters Pro. to Dixie Gardens -- taxing unit 2-01-01 '-
17-340.03
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 described tract or parcel of land; that they have a good
and lawful right to sell and convey; that it is free from all encum-
BOOK 734 PAGE617
bou 734 Phu 618
ell,
brances; and that they will warrant and forever defend the title ink";
quiet possession thereto against the lawful claims of all persons
whomsoever.
And�s 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 __1_5th_day Of January 1971
Li
STATE OF INDIANA
) SS:
ST. JOSEPH COUNTY )
Before me, a Notary Public, in and for said County and State,
b nally appeared Doris J. Banaszak and John P. Banaszak
who acknowledge the execution of the above and foregoing
/as their free and voluntary act and deed this 14r day
197/
My Commission Expires: NoAarylpibivb'
This Instrument prepared by: S.J. Crumpacker