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HomeMy WebLinkAbout#566- Deed; Easement - Jewelwood addEASEMENT AND RTGHT-OF-WAY In consideration of the sum of one ($1.00) Dollar cash in hand paid, receipt whereof is hereby acknowledged,the undersigned hereby grant, bargain, sell, convey, transfer, deliver unto the Civil City of South Bond, a permanent easement and right-of-way, for the 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, sewer, 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 thirty (30) foot wide permanent easement and right-of-way (measured north and south) immediately adjacent to and north of the westerly 90 feet and a sixty (60) foot wide permanent easement and right-of-way thirty (30) feet on either side of the easterly 240 feet of a line described as follows: DULY ENTERED FOR TAXATION (Page I of 3 pages) STEPHEN M. EGYHA71 AUDITOR ST. JOSEPH CO., INDIANA BooK 144 PAGE607, bou 744 PACE 608 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 330 feet along the centerline of Ritter Street extended to the east line of the Maud L. Ritter Perkins property or more fully described as taxing unit Key No. 2-01-01 17.340-12 , all in the NEh 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. (Page 2 of 3 pages) IN WITNESS WHEREOF the parties, have hereunto set their hands and seals this 15th day of October 1971. "George VPerkins Ruth E. Carey ST. JOSEPH COUNTY ) T ss. STATE OF INDIANA ) Before me, a Notary Public, in and for said County and State, personally appeared George W. Perkins and Ruth E. Carey.__ , who acknowledge the execution of the above and foregoing easement and right-of-way as their free and voluntary act and deed thi 15th day of October 1971. ' i 'sion Expires: an 22. 1975 Notary Public David A. Wells Prepared by- S.J. Crumpacker 0 Bou 74 PACE 699 (Page 3 of 3 pages) I 0(2' BASEMENT AND RIGHT-OF-WAY In consideration of the sum of One ($1.00) Dollar cash in hand paid, receipt whereof I• 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 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, sewer, 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 thirty (30) foot wide permanent easement and right-of-way (measured north and south) immediately adjacent to and north of the westerly 90 feet and a sixty (60) foot wide permanent easement and right--of-way thirty (30) feet on either side of the easterly 240 feet of a line described as follows: DULY EtITERED F)"R TAXAT.[ON (Page 1 of 3 pages) v ;MFHE,N NA. EGYRAZI AUDITOR '744 FAGE607 9F. JOSEPI-1 CO., INIDIANA Bon BOOK 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 330 feet along the centerline of Ritter Street extended to the east line of the Maud L. Ritter Perkins property or more fully described as taxing unit Key No. 2-01-01 17.340-12 , all in the NE-4 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. (Page 2 of 3 pages) IN WITNESS WHEREOF the parties have hereunto set their hands and seals this 15th _day of October 0 1971. - George W.`/Perkins Ruth E. Carey ST. JOSEPH COUNTY ) ) SS: STATE OF INDIANA ) Before me, a Notary Public, in and for said County and State, personally appeared George W. Perkins and . Ruth E. Carey who acknowledge the execution of the above and foregoing easement and right-of-way as their free and voluntary act and deed this­f'-4,, 15th day of October 1971. sion Expires: Prepared by: S.J. Crumpacker Notary Public David A. Wells BOOK 144 PAGE 9' (Page <3 of 3 pages)