HomeMy WebLinkAbout#680- Deed; Easement ROW - From Stolwyks-Sec. 30, Twp. 37 N., Range 3 E. (See Easement)I
EASEMENT AND RIGHT -OF" -WAY
141726
In consideration of the sum of Dour tlaou—ind, four hundred dollars say) no
Dollars cash in hand paid, receipt whereof is
hereby acknowledged, the undersigned hereby grant, bargain, sell, canve,Y,
transfer, deliver unto the Civil City of South Rend, a permanent easement
and right-of-way, for the following purposes namely: The right to enter
upon 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 gratancl embrac�:ed within the right-of-way hereinafter
described, further a per anent easement and right-of-way, including the
perpetual right thereupon the real estate hereinafter described, at any
ticne 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 purposes, or
for the sale purpose of constructing, maintaining, installing, repairing,
and replacing and/or renewing such sewer or other facilities -for all purposes
whatsoever, including but not byyay of limitation-, drainage structures for
both sanitary and storm sever 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 St. Joseph, State of Indiana, briefly
described as follows:
A 10' wide permanent easement and an additional 10 foot wide temporary
easement over and across the fallowing described tract of land to wit:
Beginning at a point on the East line of Section 30, Twp. 37 North,
Range 3 East; Nine Hundred Ninety-nine and nine tenths (999.9) feet South
of the Northeast corner of said section 30; thence continuing South along
the East line of said section 30, One Hundred Sixty-five (165) fe t; thence
West parallel with the North line of said Section 30, One Thousand Three
Hundred Twenty (1320) feet to the West line of the East One-half(1/2) of
the Northeast One quarter (1/4)'of said section 30; thence North along the
West line of the East One-half,(1/2) of the Northeast One -quarter (1/4)
of said section 30, One Hundred Sixty-five (165) feet; thence East One
Thousand Three Hundred Twenty (1320) feet to the place of beginning,
containing five acres, more or less.
A 10 foot wide permanent easement located as follows: Starting at the
N.E. corner of the above described tract of land; thence due West along the
North property line of said tract a distance of 492.29 feet to a point of
beginning; thence in a straight line in a Southeasterly direction to a point
in the South property line of said tract and 433 feet West of the S.E.
corner of said tract; thence due East10.59 feet; thence in a North Westerly
direction along a straight line to a point in the North property line of
said tract and 10.59 feet due East of point of beginning; thence due West
a distance of10.59 feet to the paint of beginning; also a temporary construction
easement 10 feet wide along the;,Westerly side and adjacent to the above described
permanent easement, all in the ;(N.E. 1/4) North East One Quarter of Section 30
Twp.. 37 North, Range 3 East Centre Twp., St. Joseph County,,Tnd ana.
-4�-
`
BOOK
Tbe Oit�r nill cut ao7 �ra�m rmmor�& �rnPI tbm sobjct nro7mrty into
two (2)'foot Ion0tbu �Iocm tbcm at tbm rmor of thm prnnwrty°
_/ � /
N 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
J
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, abovestated, 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
'1
as plural, if and when necessary, and that wherever words of neuter gender
are employed, they will likewise apply tu the masculine gender' whenever
the contract requires. �
IN WITNESS WHEREOF the parties have hereunto set their hands and
seals this ' ay of ` , 1973.
^ '
�
` < �
'
.��
ST. JOSEPH CCNNIy)
STATE OF INDIANA } SS:
Sefore me, a notary Public, in and for said County and State,
Personally appeared Joseph J Solwvdnc,ya-e)
59199 Ironwood Road South __�gnd Indiana 4� q
who acknowledPed the execution of the above
and fore�gpiho instrument and right-of-way as their free and voluntary
'act° od 'deedF this 17th day of Aoril 1973.
13", Corra:rfis s i on Expires:
Jan. 22, 1975
Notary Public David A. Wells
This instrument prepared by James A. Roemer.
,r