HomeMy WebLinkAbout#673- Deed; easement - From Krill by Kompar to City of South Bend- in German Twp., Sec. 33 and Lathrop St.EASEMENT AND RIGHT-01
Krill By S.B. pampa r
Beni, in Garman Tan°.
Lathrop Street.
In consideration of the sum of $1.00
I I a rs cash in hand paid, receipt wherr�of i,,
acknov/lc-dged, the undersigned hereby grant, bargain, sell, convey,
transfer, deliver unto the Civil City of South Bend, (i permanent easement
and right-of-way, for the following purposes namely: The right to enter
� wpon the hereinafter described land and grade, level,
-- � build, maintain' repair, and rebuild roads, streets, highways, together
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with such bri�ges, 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 conrtrUcting, maintaining and
repairing, installing and renewing any water, sewer, and other utility
facilicies' whether used in conjunction with general street purposes, or
for tne sole purpose of cnnstructing, maintaining, installing, repairing,
and replacing and/or renewing such sewer or other facilities for all purposes
ver, including but not by way of limitation, drainage structures for_
both sanitary and storm sewer ground embraced within the right-of-way herein-
_ after described` which is located within the boundaries of a tract or parcel
of land situated in the County of 3t. Joseph, State of Indiana, briefly
, described as follows: A tract of land in the Northeast Quarter, Section 33,
Twp. 38 North, Range 2 East, German Twp., St. Joseph County, Indiana; described
as: Beginning at the Northeast corner of said Section 33; thence westerly oil
� and along the north line of said Section 22, sg1d line also being the centerline
of Lathrop Street, a distance of 40.06 feet; thence South 00000'00" a distance of
^ 20.00 feet to the true place -of beginning, said point also being on the existing
�^ South right-of-way of Lathrop Street; thence South 00000'00" West a distance of
5U.OQ feet; thence North 45'00'00" West a distance of 42.41 feet; thence South
�. 90000100" Nest a distance of 193.98 feet; thence North 0O°O0'00" East a distance
' of 20.08 feet; thence North 90°00'00"' East a distance of 223.98 feet to the true
' place of beginning; said tract contains 0.713 acres, more or less, taken off of
' e North side of the North East one quarter of the North East one nuarter of
Section 33~ Twp, 38 North Range,2 East German Twp., St. Joseph County, Indiana.
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� Also a tract of land 20 feat wide North and South and 223.98feet long East and
West, immediately North of and adjacent to the above described right -of -wry
` easement containing 107 acres. The total acreage of the two described �right-of-
,
, ~~.. "nc^�en+i, 22 acres.,
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MIN 79,
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To have and to hold the said easement and right-of-wa,y unto the
ivil Gity of South (lend, Indiana, and unto its successors and assir;ns
frsre:,rFer.
And the said Grantors hereby covenant with the Civil City of
Sr-jzr: Eend, Indiana, that they are lawfully seized and possessed of the
:.fr,re described tract or parcel of land; that they have a good and laiN-
,.,I right to sell and convey; that it is free from all encumbrances; and
f.
t,aat they-wM warrant and.forever defend the title in quiet
tr,ereto again t the lawful claims of all persons whomsoever.
And a,, tz further consideration for the payment of the pur&ase
price„ above stated, the Grantors hereby release all, claims for dan"Iou,
frorr whatso(,,vr:r cause, incidental to the exercise of any of the righ,r
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 Blender
are employed, they will likewise apply to the masculine gender, whenever
the contract requires.
Iri WITNESS
WHEREOF the parties have hereunto set their hands and
seals this / Y! �� day of _'�r'�%��� � 1973.
k
OF PUBLIC WORKS Nicho�
�(���� Nicholas F. Krill
R Z FIRST BANK AND TRUST ,C MPAN'Y OF SOUTH
INDIANA$ TRU EE,'OF T J"O'YCE KRILL GO
»,.
By_
S. E. Kamgar, Vice President
and Trust Officer
ST. JOSEPH COUNTY)
) SS:
STAVE OF INDIANA )
Before me, a notary Public, in and for said County and State,
personally appeared Nicholas F. Krill and_,_._T..{ompa�ce.. Pe?d�
Trust Officer
... _............
_ who acknowledged the execution of the above
and foregoing instrument and right-of-way as their free and voluntary
act and deed this /.2- day of _ �= 1973.
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a9y-4. qnids aR., Expi res
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` Notary Public