HomeMy WebLinkAbout#524 - Deed; Easement - gilmer park sewer division A5",
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E'A S E MENT 91347
5ideration of an agrement by the Civil City of South
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Bond that the undersigned shall be permitted nn to coecths o�"T C
system of the buildings at 20450 Ireland Road to the proposed seW�
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at no cost, 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 facili-
ties, whether used in conjunction with general street purposes, or
for the sole purpose of maintaining, installing, repairinS, 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, orb 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 descrAbed as follows:
A Pernanent Easement for sewer, installation and construc-
tion 15 feet wide and a Temporary Easement for sewer construc-
tion 40 feet wide adjacent to and South and/or h4st of the
herein doscribod Permanent Easement, said Permanent Easement
extending 7.5 feet on either side of a line entirely in Section,
26, Township 37 North, Range 2 East, and further described as
follows:
Commencing at the center of said Section 26; thence pro-
ceeding East on the centerline of said Section 1040.1 feet;
thence proceeding South parallel to the North and South center-
line of said Section 1609.5 feet (proceeding bearings and
distances quoted from Deed Record 448, page 236) to an original
property corner on the South side of U. S. 20, the South Bend
By -Pass; thence North I degree 29 minutes 42 seconds Ast 184-48
foot to a point on the North right-of-way line of U. S. 20;
thence North 86 degrees 23 minutes 42 seconds West 15.06 feet
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along said North right-of-way line to the point of Beginning;
tbonce North 1 degree 29 minutes 42 seconds iA�est,, approximately
528 feet; thence North 89 degrees 5, minutes 42 seconds lbst
approximately 963 feet; thence North I degree 11 minutes
02 seconds h4st approximately 800 feet to a chain link fence,
Mich is the North property line of George F. Burnett Co., Inc.
and the south right-of-way line of Ireland Road, said Basements
being entirely on the property of George F. Burnett Co., Inc.;
subject, however, to the prior Easement rights of the Arco
Pipe fine Company.
To Ove and to hold the said Easonent and right-of-wey under
the Civil City of South Bend, Indiana, and unto its successors and
assigns forever.
It is understood t1at any future buildings constructed on the
afore described parcel of land, except those owned by the undersigned,
shall pay an assessment of seven (7) cents per square foot for any
property within 150 feet of the sewer.
And, the said Granters hereby covenant with the Civil City of South
Bend, Indiana that they are lawfully seized and possessed of the afore
KForibed tract or parcel of land; that they have a good and lawful
right to sell and convey; that it in 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 service agreed to by the
Civil City of South Bend, above stated, the Wartors hereby release,
all claims Or damage, from whatsoever cause, incidental to the exer-
cise of any of'the rights herein granted, from and after this date.
It is understood and agreed by the parties here -to, that i.ffierever
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.
11"UTIESS wl-RISH"Or 111he parties have hereun�l.,o set theiz, hands
-S this 21st day of Jai'mary
STATE OF INDIANA
) ss.
ST. JOSEPH COU1,TTY )
Before me, a Notary Publ-ic in and for zad.d County and State,
Personally appeared
'to me personally knol,m., an(i
k-novrn to be the and respectively
of -1 and acknoi,,Tledged
execution of the above and foregoing easement for and on behalf of
said corporation as its volunary act and deed.
Notary Public
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