HomeMy WebLinkAbout#677- Deed; Easement ROW - From Whitmer-10' wide permanent easement along the entire E. property line of Lot 54 common to and overlapping the existing 10' wide drainage ditch easement, also a temp. construction easement described as...T AND RIGHT-OF-WAY - Rose A. Whitmer
ide,permanent easement along the entire
y property l i ne of Lot 54, common to and
ping the existing 10' wide drainage ditch
t, also a temporary construction easement
ed as follows. the W. 10' of the C. 201
54 in Meadow View 2nd Addition, al in the
of 'Sec. 30, Twp. 37 N. Range 3 E. Centre
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EASEMENT AND RIGHT-OF-WAY
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^ In consideration of the sum of One
BOOK
� l7ars'cauh 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-way, for the following-purpc3ses namely: The right to enter
upon the hereinafter described Ian6 and grmde, level, fill, drain° pave`
bui7d° maintain, repair, and rebuild roads, streets, highways" together
*ith such bridges, culverts, ramps, and ctfts as may be necessary, on,
over, and across the ground embraced within the right-of-way hereinafter
described, further a permanent Pasepent and right-of-way, including the
�perpetual right thereupon the real estate hereinafter described, at any
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� time that it oN)y see fit, for, the purpose of constructing, maintaining and
repairing, -installing and mg"any water, sewer, and other utility
facilities, whether used in conjunction with general street purposes, or
,. for the sole purpose of constructing, maintaining, instnllingv repairing,
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� and replacing and/or renewing such sewer or other facilities for all purposes
whatsoever, including but not by,vimy of limitation, drainage structures for
both sanitary and storm sewer ground embraced within the right-of-way herein-
after described, which is lacated,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 lD foot wide permanent easement along the entire Easterly property
line of Lot 54, common to and overlapping the existing 10 foot wide
drainage ditch easement, also a temporary construction easement described
as follows: the west lO feet of the East 20 feet of lot 64 in Meadow
View 2md Addition, all in the (N.E. 1/4) North East One Quarter of Section 30,
Tep. 37 North Range 3 East. Centre Twp., 3t. Joseph County, Indiana.
Also, tb� Cit� n�z0wu�tm o^d t|`�t portiu� of t�o eusomuot
tb�t i's t&c roost -ruction, mo(d illst�LIIutiotl
Of tb'
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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
And the said Grantors hereby covenant with the Civil Ci ty 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
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
f the world until this date.
herein granted, from the beginning o
It is understood and agreed by the parties hereto, that wherever
i . n the foregoing instrument the singular number is used, it will be read
as, plural, if arnd 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.
VIT.-TUSS VME�EOF the parties have hereunto set their hands and
s e al this day of 1973.
/V
Ts'
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BOOK 7$ PAGE V6
ST. JOSEPH COUNTY)
STATE OF INDIANA ) SS:
Before me, a notary Public, in and for said County and State,
personally appeared-_. Pose A. Whitmer, 1942 E. Denslow Drive,
..._._South Bend, Indiana 46614
who acknowledged the execution of the above
andforegoing instrument and right-of-way as her
free and voluntary
r't and X'de?d this 22nd day of March
1973,
y✓ C`onyd $t`i on' Expires .
22, 1975
Notary Public David A. Wells
This instrument prepared by: James A. Roemer
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