HomeMy WebLinkAbout#672- Deed; Easement - From Sollitt to City of South Bend-Easement, W. line of Lot 269 of Cottrell's 1st Add.EASEMENT AND RIGHT-OF-WAY
In consideration of the sure of One (1) 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 Bend, a permanent easement and right -
of -W&Y
el
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 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 constructing, maintaining, installing, repairing, and replacing
and/or renewing such sewer or other facilities for all purposes what-
soever, including but not by way of limitation, drainage structures
for both sanitary and storm sewer 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 right-of-way easement for road purposed
described as follows: Beginning at a point in the
west property line of Lot 269 of the recorded plat
of Samuel T. Cottrell's First Addition to the Town
of Lowell, now City of South Bend, this point being
21 feet duo north of the southw,e,s,,t corner of said
Lot 269; thence due south along the east line of
St. Louis Street a distance of 48.8 feet to a,point
8 feet due south of the northwest corner of Lot 4
in Samuel T. Cottrellts First Addition; thence`
southeasterly along the south property line of
Sollitt Construction Company, Inc. property a
distance of 150 ,feet; thence northwesterly along
a straight line a distance of 170 feet more or less
to the point of beginning, all in the east half of
Sec. 12, Twp. 37 North Range 2 East Portage Twp.;,
South Send, St. Joseph County, Indiana containing
3,700 sq. ft. or .085 acres.
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
and lawful right to sell and convey; tnat iu is iree Lrom ui.-L
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 30th
day of October 1973.
O.mSTRUC�' TIINC.SOLLIC
BY: r
"^-
President ,
ST. JOS
STATE C
State,
cOrPOrav,ion, by Richard I. Gagnon its
President , and Robert J. Taylvr
, its — Secre'tary-Treasurer who
acknowledged the execution of the above and foregoing instrument and
right-of-way as their free and voluntary act and deed this30th
day of October 0 1973.
MY Commission Expires:
1G/13/75
ffo� ary Public
This instrument was Prepared by Robert M. Parkera Attorney, '609 Odd
Fellows BldZ-, South Bendl Indian—a--T6-6-01.