The URL can be used to link to this page

Home My WebLink About#679- Deed; easement ROW - From Geisler-10' wide permanent easement along the entire E. property line of Lot 39, common to and overlapping the existing 10' wide drainage ditch easement, also a temp. construction easement described as…EASEMENT AND RIGHT-OF-WAY - Lucille D. Geisler A 101 wide permanent easement along the entire Easterly property Iine of Lot 39, common to and overlapping the existing 101 pride drainage ditch easement, also a temporary construction easement described as follows- beginning at a point in the N. property 'line of Lot 39, which point Is 101 'J. of the N.E. corner of 'Lot 39; thence further W. 10, ; thence in a straight line in a South Westerly direction to a point 201 W. of the S.E. corner of Lot 39 thence due E. 101; thence N. Easterly along a. line parallel to and 101 W. of the Easterly; property line of Lot 39, a distance of 201.74' to the point of beginning; all in Lot 39, Meadow View 2nd Addition N.E. 1 of Sec. 30, Twp. 37 N. Range 3 E. Centre Trip. St. ,Joseph County, IN. CUBOOK l EASEMENT AND RI(19-{1- _.141727 In consideration of the sum of� f Dollars 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-way, for the following purposes namely: The right to enter rrpan 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 embrMaced within the right-of-way hereinafter described, further a permanent easement and right-of-way, including the perpetual right thereupon the r'al estate hereinafter described, at any time that it may see fit, for t'e 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 constru(ting, maintaining, installing, repairing,. and replacing and/or renewing such sewer or other facilities for all purposes whatsoever, fncludfng but not bye Way of 7 rmt tatron',' aral,fi ge Stti uCtuYeS )ai" both sanitary and storm sewer grund embraced within the right-of-way herein- after described, which is located within the boundaries of a tract or parcel i of land situated in the County of St. Joseph, State of Indiana, briefly described as follows: A 10 foot wide permanent easement along the entire Easterly property line of Lot 39, common to and overlapping the existing 10 foot wide drainage ditch i � easement, also a temporary construction easement described as follows: laeginniing at a point in the North property line of Lot 39, which point is 10 feet West of the North East corner of Lot 39; thence further West 10 feet; �o thence in a straight line in a South Westerly direction to a paint 20 feet West of the South East corner ofLot 39; thence due East 10 feet; thence North i, Easterly along a line parallel to and 10 feet West of the Easterly property j line of Lot 39, a distance of 201.74 feet to the point of beginning; all in Lot 39, Meadow View 2nd Addition,(N.E. '1/4) North East One Quarter of Section 30, ,. 7wp. 37, North Range 3 East Centre 7wp., St. Joseph County, Indiana. Southern Oi Also, the City will provide freelhookup to the residence at 1938 E. View to the trunk sewer. No local sewer assessment shall be applied to this i; property. i/� Also, in the event the eavespout�drainage system is damaged during construction, the City will replace, or repair, the damaged portion at no expense'to the ad- jacent property owner at 1938 E,�(Southern View Drive. Also, the distrubed portion of the easement shall be replaced with sod. ME,, j 4 To have and to hold the said easement and right-of-way unto the Civil City of South Pend, Indiana, and unto its successors and assigns forever. And the said Grantors hereby covenant with the Civil City of South Pend, 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 r; that they wi 77 warrant: and Afi"orovi d, r. d kh« «a a ro t . w;,W, w� ��,,„ 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. f VF i y i 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 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 claimsof 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 until , . herein granted, f thebeginning of the world unt begi this s date. � It �s understood and agreed by the parties hereto, that wherever ' ' ' , in the foregoing instrument the sinngular 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 I apply to the masculine gender, whenever the contract rcquires ^ IN WITNESS WHEREOF the parties have hereunto set their hands and { sealsCID /�� day of , 1973. CID LJ Gr Lrj ` | � ' � ` / *�*�m� �� -ST. JOSEPN CQUNTY) .S�� ' ! STATE OF lN8IAM& ) , Before me, a notary Public, in and for said County and State' personally appeared e, —South Bend, Indiana 46614 who acknowledged the execution of the above and foregr0ng instrument and right-of-way as her loth —day of AP il 1973. ' This instrument prepared by: James A. Roemer