HomeMy WebLinkAbout#552- Deed; For sewer construction (dixie gardens ritter plat) gilmer sewer park - divisions B and C- for scn%,er K&iructlon (Dixie
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Gilmer Park Sevier - Divisions
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1316 County City Bldg.
EASEMENT
BOOK 741 PAGE 33
In consideration of the sum of One
77
($1.00) Dollar cash in hand paid, receipt whereoX
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, far"tne r0110MIng purpos
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 facili-
ties for all purposes whatsoever, including but not by way of limi-
tation, 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 situ-
ated in the County of St. Joseph, State of Indiana, briefly described
as follows:
A Permanent Easement for sewer construction and location
fifteen (15) feet wide and extending 7.5 feet on either side
of a line parallel to and 7.5 feet north of, measured perpen-
dicular to, the South lot line of Lot 9, and extending 7.5
feet on either side of a line parallel to and 7.5 feet West
of, measured perpendicular to, the East line of Lots, 4, 5,
6, 7, 8 and 9 in Dixie Gardens Ritter Plat; and
A Temporary Easement for sewer construction 34.84 feet
wide, measured perpendicular to the South line of Lot 9, and
being North of and parallel to the course herein first
described for the Permanent Easement; and a Temporary Ease-
ment for sewer construction 40 feet wide measured perpendi-
cular to the East line of Lots 4, 5, 6, 7, 8 and 9 in Dixie
Gardens Ritter Plat, and being West of and parallel to the
course herein last described for the Permanent Easement;
W/W Q
Z�X' 2'-
(Page 2 of 3 pages)
Commencing at the intersection of the centerline of
Ritter Street and Main Street; thence proceeding Northerly
approximately 237.52 feet; thence deflecting 85 degrees
26 minutes 20 seconds to the right and proceeding 49.66
feet to a Point on the West line of Lot 9 in Dixie Gardens
Ritter Plat, which point is the Point of Beginning, said
Point being Northerly along said West lot line 7.52 feet
from the Southwest corner of Lot 9; thence continuing
Easterly parallel to the South line of Lot 9, 33L_48 feqtj'",,
thence deflecting to the left 85 degrees 26 minutes
20 seconds and proceeding Northerly 302.58 feet to a point
on the North line of Lot 4 in Dixie Gardens Ritter Plat,
said point being 7.52 feet Westerly of the Northeast corner
of said Lot 4. 1
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 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.
BOOK 741 PAGE335
(Page 3 of 3 pages)
BOOK "Al PAGE336
IN WITNESS WHEREOF the parties have hereunto set -their
hands and seals this
—day of,, e"ee'e 1971.
fir •ME IST2 W1 M
) SS:
ST. JOSEPH COUNTY )
Before me, a Notary Public, in and for said County and
State, personally appeared
who acknowledge the execution
of the above and foregoing easement as their free and voluntary
act and deed this day of 1971.
Notary Public
J4Y Expires:
Prepared by James R. Kuehl