HomeMy WebLinkAbout#683- Deed; Easement ROW - From Heckaman, Trustee & Priebe, Elder of Admin.-temporary easement for driveway reconstruction & permanent right-of-way easement for Rd. purposes off of W. end of following tract of land…EASEMENT AND RIGHT -OF' -WAY - Lowell Heckaman,
Trustee and George Priebe, Elder of Administra-
tion - A temporary easement for driveway reconstruc-
tion and a permanent right-of-way easement for road
purposes off of the W. end of the following de,s-
cribed tract of land, to wit: The S. 10 acres
of the N. -L of the W. 3�O acres of the S. -i of the
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N.W. 7'T of Sec. 2F, Twp. 37' N. Range 3 E. Penn Tvip. ,
St. Joseph County, IN. A permanent right-of-way
easement described as being the E. 201 of the W.
40' of the above described tract of land, with
approximately 4401 along Ironwood Rd., also a
temporary easement for reconstructing a drive
described as being the E. 80' of the W. 1201 of
same above described, tract of land, with approx-
imately 4401 allong Ironl000d Rd., all in the S.
of the N.W, 1 of Sec. 29, Trap. 37 N. Range 3 E.
Penn Twp.
OCT 3u 112 7 3
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In consideration of the sum of One thousand dollars and no cents
($I000 OV)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, u permanent easement
� and right-of-way, for the following purposes mamely: The right to enter
' upon the hereinafter described land and �grade, level, fill, drain, pave`
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build` maintain, repair~ and rebuild roads, streets, highways, together
with such bridges, culverts, ramps, and cats as may be necessary, on,
over, and across the ground embraced within the right-of-way hereinafter
described, further u permanent easement and right-of-way, including the
perpetual right thereupon the real estate hereinafter described, at eny
time that it may see fit` for the purpose of constructing, maintaining end
repairing" installing and renew1ng,aoy water, sever, and other utility
facilities, whether used in conjunction with general street purposes, or
for the sole purpose of constructing, maintaining, installing, repairing,
and replacing and/or renewing such sewer or other facilities for all purposes
r^ whatsoever, including but not by. -way of limitation, drainage structures for '
both sanitary and storm sower 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 %t. Joseph, State of Indiana, briefly
� described as follows: A temporary easement for driveway reconstruction and
^ a t i htf easement for road purposes off of the Kest end of the
� f Mn!, to wit; The South 70 acres of the North half
of the West 30 acres of the South half of the North Nest one quarter of Section 29
� Twp. 37 North Range 3 East Penn Twp., St. Joseph County, Indiana. A 7ermanent,
� right-of-way easement described as being the East 20 feet of the Nest 40 feet of
' the above described tract of land, with approximately 440 feet along Ironwood Road,
� also a temporary easement for reconstructing a drive described as being the East
OQ feet of the West 120 feet of same above described tract of land, with a[proxi-
motely 440 feet along Ironwood Road, all in the South half of the North Hest one
quarter of Section 29` Twp. 37 North Range 3 East Penn Tvp., St. Joseph County,
_ Indiana.
As a further consideration, the Citytagrees to allow the Hilltop Lutheran
Church a free hook—up to the trunk sewer in front of their property.
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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. '
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�And the said Grantors hereby covenant with the Civil City of
South Deod, 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
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� thereto against the lawful claims 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 claim 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,
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It is understood and agreed by the parties heretn, that wherever
in the foregoing instrument the singular number is used, it will be read
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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.
| IN WITNESS WHEREOF the parties have hereunto set their hands and
` seals this day of , 1973.
59
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WK
S3, J0SEpH COUNTY
) S»:
STATE OF INDIANA
Before me, a notary Public, in and for said County and State,
personally appeared Lowell He kmman Trustee and George Priebe,
-`-~~~- —'-
Elder of
Administration
«' who acknowledged the execution of the above and foregoing instrument and
11'1'v r , ig'ft-''bf-way as their free and voluntary act and deed this
6th day of June 1973.
My Commission Expires:
Notary'Public David A. Wells
This instrument prepared by: James A. Roemer, Attorney