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HomeMy WebLinkAbout#565- Deed; easement - jewelwood addEASEMENT to City - Doris J. Banaszak and of South Bend. Jewelwood 11 inf_033 BASEMENT AND, RIGHT-OF-WAY sw 74 In consideration of the sum of one ($1.00,) -ollar cash in hand paid, ra 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 tli6' following purposes namely: The right to enter upon the hereinafter described land and grade, level, fill, drain, pave, build, maintain, repair, and rebuild roads, streets, highways, together with such bridges, culverts, ramps, and cuts as may be necessary, on, over, and across the ground embraced within the right-of-way hereinafter described, further a permanent easement and right-of-way, including the perpetual right thereupon the real estate hereinafter described, at any time that it may see fit, for the purpose of constructing, maintaining and repair- ing, installing and renewing any water, 'sewee, and other utility facilities, whether used in conjunction with general street purposes, or for the sole purpose of constructing, maintaining, installing, repairing, and replacing and/or renewing such sewer or other facili- ties 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 permanent easement and right-of-way extending thirty (30) feet to the south of and adjacent to a line described as follows: Beginning at a point on the east lot line of (Page 1 of 3 pages) oULY ENTERED FOR TAKA77ON STEPHEN M. EGYRAZI AUDITOR ST. josEPH CO, INDIANA F Lot No. 40 of the Jewelwood Addition 714.4 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 W;g of Lot 30 of Ritters Proposed to Dixie Gardens -- taxing unit Key No. 2-01-01, 17.340-03 all in the NEa of Section 35, Township 37 North, lunge 2 East, Centre Township, St. Joseph County, Indiana,. 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 the beginning of the world until 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 contract requires. 4 06 IN WITNESS WHEREOF the parties have hereunto set their hands and seals this —25th day Of October 1971. Doris J. Banaszak Id, 4 ' P. Banaszak ST. JOSEPH COUNTY 3s: STATE OF INDIANA Before me, a Notary Public, in and for said County and State, personally appeared poris j. Banaszak and John P. Banaszak --, husband and wife, who acknowledge the execution of the above and foregoing easement and right-of-way as their free and voluntary act and deed this --L5ih day of WD5 210ber 1971. w,"A"i:4"4rr, P� Al -Mission Expires: 22. IQ7r Notary Public David A. 'Wells Prepared byt S,J, Crumpacker (Page 3 of 3 pages) Lot No. 40 of the Jewelwood Addition 714.4 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 W2- of Lot 30 of Ritters Proposed to Dixie Gardens -- taxing unit Key No. 2-01-01, Y7.340-03 all in the NE4 of Section 35, Township 37 North, Range 2 East, Centre Township, St. Joseph County, Indiana. 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 the beginning of the world until 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 contract requires. IN WITNESS WHEREOF the parties have hereunto set their hands and seals this 15th day of October 1971. 4 Doris J. ganas za F6hn P . Banaszak ST. JOSEPH COUNTY ) 3S: STATE OF INDIANA ) Before me, a Notary Public, in and for said County and State, personally appeared Doris J. Banaszak and John P. Banaszak . husband and wife, who acknowledge the execution of the above and foregoing easement and right-of-way as their free and voluntary act and deed this 15th day of October 1971. 1, 4ission Expires: 4mi'22. 1975 Notary Public David A. Wells Vrepared by: S.J. Crumpacker (Page 3 of 3 pages)