HomeMy WebLinkAbout#675- Deed; Easement - From Bartells-permanent easement for the construction and maintenance of a trunk sewer located as a 10' wide N and S easement taken from the entire E. side of the following tract of land- beginning on the S. line of...m nent easement, all in the S. E. - of Sec 19,
Twp. 37 N. Range 3 E. Portage Tarp.,
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'7 In '.Glnsidierh pn of the Q of uno (1) 41731
rrll�aras cash in hand paid, receipt whereof is
thereby acknowledged, the undersir�nevi hereby grant, bargain, sell, c��aravey,
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transfer, deliver untothe Civil City of South Bend a permanent easement
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and right-of-way, for the following purposes namely; The right to enter
�upon the hereinafter described land and grade level, full., 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 ther aermanent easement and ri Xrt-of.wa � € � y „ including Chi f
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 r
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 r
whatsoever, 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 a
of land situated in the County of St. Joseph, State of Indiana, briefly
described as follows: A permanent easement for the construction and mainten-
ance of a trunk sewer located as follows; a 10 foot wide North and South easement
taken off of and from the entire East side of the following described tract of i
land; to wit, beginning on the South line of Section 19 Twp. 37 North Range 3
East at a point 363 feet due West of the South'East corner of said Section 19•
thence north on a line parallel with the East line of said Section 19 a distance
of 291.6 feet; thence West and parallel with the South line of said Section 19
a distance of 149.4 feet; thence South 291.6 feet to South line of said Section
19; thence East 149.4 feet to the point of beginning, also a temporary construction ,
easement 10 feet wide North and South being adjacent to and immediately to the
West of the above described permanent easement, all in the South East quarter of
Section 19, Tw 37 North Range 3 East Portage Tw , p� 9, g p. St. Joseph ounty, Indiana.
Also the City V11 allow the residence located at 1945 E. Iar�rood I2 rd to con- Sri
nect their sanitary sewer to the trunk sewer without cha,rgal
os"
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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.
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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 law-
ful right -to sell and convey; that it is free from all encumbrances; and
thaL m"ev °Au warrant and 'Forever defend the t'iu� in ,"'e' p^=^""/o"
thereto against the lawful claims of all persons whomsoever.
And as a further consideration for the payment of the purchase
Price, above stated, the Grantorshereby release all claims for damage,
from whatsoever cause, incidental �to the exercise of any of the rights
herein granted, from the beginningof the world until this date.
It is understood and agreed by the parties hereto, that wherever
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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
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are employed, they will likewise apply to the masculine gender, whenever
the contract requires.
seals this of ! , l973
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BOOP
BOOKt10 PACE c�,J
ST. JOSEPH COUNTY)
STATE OF INDIANA SS:
Before one, a notary Public, in and for said County and State,
personally appeared Bernard and Bobbie Bartell, 18125 Inwood Road,
South Bend, Indiana 46614Y _------ —
who acknowledged the execution of the above
and Foregoing instrument and right-of-way their as
xfree and voluntary
aftd deli this 3rd day of March
1973.
54, .
M °°Ccaf l ss,i n Expires ;
Notary Public David A. Wells
epared by James Roemer, Attorney.