HomeMy WebLinkAbout#676- Deed; Easement ROW - From Ratajczaks- 10' wide permanent easement along the entire W. property line of Lot 55, common to and overlapping the existing 10' wide drainage ditch easement all in Lot 55EASEMENT AND RIGHT-OF-'UAY - Benjamin j. Ella
11. Ratajczak - A 10' pride permanent easement
along the entire Wes:teriy property line of Lot 55,
common to and overlapping the existing 101 wade
drainage ditch easement all in Lot 55, Meadow
View 2nd Addition, W.F. + of See. 30,, Twp. 3 N.
Range a East Centre "TwP.
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EAS�M NI "'AND RIGMIT-OF 61AY
In consideration of the sum of Ones►
Dollars cash in hand paid, receipt whereof is
hereby acknowledged, the undersigned hereby grant, bargain, sell, convey,
transfer, deliver unto the Civil Cat of S j y South Bend, a permanent easement
and right-of-way, -for the f011011irr '
g purposes nairwaly: The right to enter
upon the hereinafter described land and
'= grade, level, fill, drain, page,
build, maintain. I'4^pa3A".;
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with such bridges,, culverts, rams, and cis as may be necessary, on,
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,Ver, and across the ground embraced within the right-of-way hereinafter
0, described, further a permanent easement and right-of-way, including the ;
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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 ur oses, or
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for the sole purpose of constructing, maintaining, installing, repairing, !"
and replacing and/or renewing such sewer or other facilities for all purposes
vsha9soever, including but not by w y of limitation, drainage, structures for
both sanitary and storm sewer ground embraced within the right-of-way herein-
after described, which is located •�,dithin the boundaries of a tract or parcel
of land situated in the County of St. Joseph, State of Indiana, briefly
described as follows:
A 10 wide permanent easement along the entire Westerly property line
of Lot 55, common to and overlapping the existing 10 foot wide drain-
age ditch easement all in Lot 55, Meadow View 2nd Addition, (N.E. 114)
North East One Quarter of Section 30, Twp. 37 North Range 3 East Centre
Twp., St. Joseph County, Indiana.
Also, the JCity will relocate nine (9) fir trees from the easement to east
of the easement if necessary!for the construction of the sewer.
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Also, the city will relce act any disturbed portion of the ditch affected
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b the construction in he easement with sod. j
Also the City will allow a free hookup to the trunk sewer to the residence
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at 2011 East Southern View Drive.
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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.
And the said Grantors hereby covenant with the Civil City of
South Bend, Indiana, that they are lawfully seized and possessed of the
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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
thereto against the lawful claim of all persons whomsoever.
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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
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the �
contract requires.
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IN WITNESS WHEREOF the parties have hereunto set their hands and
seals this a+-h day of March , 1973.
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ST. JOSEPH COUNTY)
) SS:
STATE OF INDIANA )
Before me, a notary Public, in and for said County and State,
personally appeared Benjamin J. and Ella M. Ratajczak,
2011 E. S,outhern View Drive, South Bend, Indiana 46614
, / / //// / 11,010MAWO
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W el / ow/ M, W 0/0 //,//���///��l,✓/ 110M MOW , Of
who acknowledged the execution of the above
and foregoing instrument and right-of-way as their free and voluntary
act a 1jh1s 8tb day of March 1973.
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i on�,"Exp i res
Jan 2
Notary Public David A. Wells
it prepared by: James A. Roemer, Attorney
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