HomeMy WebLinkAbout#681- Deed; Easement - From Knabs-Part of the E. half of the NE quarter of Sec. 30, Twp. 37 N., Range 3 E. (See Easement)the E. a of the N.E. * of Sec. 3u, Twp. 31 N.
,Range 3 East (See Easement).
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E U G E #i E,� A S K E R
RECORDER
EASEMENT
in consideration of the sum of One Tho sand, One H ndred Dollars
($1,100.00) cash in hand paid, receipt whereof is
� hereby acknowledged,
the undersigned hereby grant, bargain, sell, convey, transfer, de-
liver unto the Civil City of South Bend, o permanent easement and right-
of-way, for the following purposes, namely: The right to enter upon
the hereinafter described land at any time that it may see fit, for
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^ the purpose of maintaining and repairing, installing, and renewing any
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' water, sewer, and other utility facilities, whether used in conjunction
with general street purposes" or for the sole purpose of maintaining,
installing, repairing, and replacing and/or renewing such sewer or
other facilities for all purposes whatsoever, including but not by way
of limitation, drainage structures for both sanitary and storm sewer
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facilities or for flood control purposes, on, over and across the
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ground embraced within the right-of-way hereinafter described, which
is located within the boundaries of u tract or parcel of land situated
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in the County of St. Joseph,Stateof Indiana, briefly described as —
/ follows:
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A lU foot wide permanent easement and an additional lO foot wide
temporary easement over and across the following described tract
of land to'w[t: Part of the east 1/2 of the N.E. 1/4 of Sec. 30,
. 37 North Range 3 east beginning at a point on the east line
�- LLof section, 1166.07 feet south of the N.E. corner of said
'u��ection 30; thence further south a distance of 223.88 feet;
h mce due west 501.28; thence due north 223.90 feet: thence
um —~due east 601.28 feet to the point of beginning containing opprox-
- �*9�tely 2.5 acres more or less, all in the northeast 1/4 of Sec. 30,
'37 Range 3 East Centre Twp-, St. Joseph County, Indiana.
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�� cz O foot wide permanent easement located as follows: Starting at
—� 1�i" N.E. corner of the above described tract of land; thence due
west along the north property line of said tract a distance of
443.00 feet to the point of beginning; thence in a straight line
An u southeasterly direction to a point in the south property line,
which point is 353 feet west of the southeast corner of said
tract; thence due east a distance of 10.59 feet; thence in a
straight line in a northwesterly direction to u point in the north
property line and 10.59 feet east of the point of beginning; thence
due west m distance of 10.59 feet to the point of beginning, also
a temporary construction easement lU feet wide along the westerly
side and adjacent to the above described permanent easement, all
in the (N.E1/4) northeast one quarter of Section 30, Twp. 37
North 3East Centre Twp St Joseph County Indiana
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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 aforementioned described tract or parcel of land; that they have
^ a good and lawful right to sell and convey; that it is free from all
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encumbrances; and that they will warrant and forever defend the title
� in quiet possession thereto against the lawful claims of all persons �
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 and after 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 likewise apply to the masculine gender,
whenever the context requires.
As a further consideration, the City agrees that the residence
existing at this dote ot4O2l South Ironwood Drive may hook up to the
trunk sewer at no charge. In addition, the City agrees to remove
the existing fences in the path of the construction, and after the
construction is completed to replace the fence in its present condition.
Inthe event of damage to the fence, the City agrees to repair or
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replace the damaged portion of the fence. In addition, the City agrees
to restore the surface disturbed by the construction at least to the
condition that existed prior to construction and to remove all brush, limbs,
` wood, etc. resulting from clearing of brush and trees incidental to and
resulting from the saver construction.
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IN WITNESS WHEREOF the parties have hereunto set their hands
an8 seals this—,�y of ly73
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STATE OF INDIANA
) SS:
Before me, u Notary Public, in and for the said County and State,
personally apeared Oscar and Mary Knab who acknowledged the execution
o f he above and foregoing easement as their free and voluntary act
this Lstday of Nay
, 1973'
gommfssion expires: Jan. 22, 1975.
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David A. Wells, Notary Public
This instrument prepared by` James A. Roemer.