HomeMy WebLinkAbout#525 - Deed; Easement - gilmer park sewer division Br-S 7"
0 OK 735 PAL E 64
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 in the County of
St. Joseph, State of Indiana, briefly described as follows:
A fifteen (15) foot Permanent Easement for sewer installa-
tion and construction, and a forty (40) foot Temporary Easement
for sewer construction adjacent to and North of the Permanent
Easement, said Permanent Easement extending seven and one-half
(7-1/2) feet on either side of a line more fully described as:
Beginning at a point on the centerline of Ritter Street
extended, said point being 974.7 feet Westerly along the center-
line of Jewel Street and 717.9 feet Southerly of the intersection
of the centerline of Jewel Street and the West line of Main
Street; thence extending Easterly along the centerline of Ritter
Street extended to the East property line of the Erma A. Searfoss
property, which is the West line of the dedication of rights -of -
way for Ritter Street.
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
I , I
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 encumbrances;
and that they will warrant and forever defend the title in quiet pos-
session 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 par -ties have hereunto set their hands and
seals this Z day of
197/
Uri
7a
7 7,
Arizona
STATE OF
Maricopa SS:
COUNTY
>
Before me, a Notary Public, in and for said County and State,
personally appeared Erma A. Searfoss
who acknowledge the execution of the above and foregoing
easement as their free and voluntary act and deed this 1 day
r) f February I Q77 1
17
735
EASEMEN
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 in the County of
St. Joseph, State of Indiana, briefly described as follows:
A fifteen (15) foot Permanent Easement for sewer installa-
tion and construction, and a forty (40) foot Temporary Easement
for sewer construction adjacent to and North of the Permanent
Easement, said Permanent Easement extending seven and one-half
(7-1/2) feet on either side of a line more fully described as:
Beginning at a point on the centerline of Ritter Street
extended, said point being 974.7 feet Westerly along the center-
line of Jewel Street and 717.9 feet Southerly of the intersection
of the centerline of Jewel Street and the West line of Main
Street; thence extending Easterly along the centerline of Ritter
Street extended-'o the East property line of the Erma A. Searfoss
property, which is the West line of the dedication of rights -of -
way for Ritter Street.
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
And the said Grantors hereby covenant with the Civil City of South
;4+
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 encumbrances;
and that they will warrant and forever defend the title in quiet pos-
session 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 day of 197/
7'"
ear ,
Arizona NJ
STATE OF
Marieopa ) 5S mac, r -
�(/ CT COUNTY
Before me, a Notary Public, in and for said County and state,
personally appeared Erma A. Searf4ss
who acknowledge the execution of the above and foregoing
easement as their free and voluntary act and deed this 1 day
< ru�u,dlsrra✓ �
of February 1971 Q
^t • rrJ *�
My Commission Expires:y
Notary Pub la c
My COMMISSW Expires Jan. 3,197S ppyy
BED®IC 735 PACE 65