HomeMy WebLinkAbout#684- Deed; Easement ROW - From Muessel, Jr.-permanent right-of-way easement and temp. easement for grading off of the W. end of the following tract of land….EASEMENT NT ND RIGHT-OF-WAY - Richard A. Mue se l ,
Jr. - A permanent right -of- ay easement and'a
temporary easement for grading cuff of the W. end
of the following described tract of'land to wit:
The N. 5 acres of the N. of the W.30 acres of
the S. of the N.W. of Sec. 29, Twp. 7 N.
Range 3 G. a permanent right-of-way easement
described as 'being the E. 4' of the W. 54' of
the above described tract of land running approx-
imately 22 ' along ironwood Rd. A temporary con-
struction easement for grading and drive reconstruc-
tion described E+s being the P. G' of the W. 1201
of the above same described tract of land, all in
the S. 'z of the II.W. � of Sec. 29, Twp. 7 N.
Range 3 Past Penn Twp.
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RECORDER
JIT AND RIGHT-OF-WAY
described in Exhibit "A" attach�,,,
whereof is
hereby ack)nladned , the undorsigned 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
upcn the hereinafter described land and grade, level, fill, drain, pave,
build, mointain, repair, and rebuild roads, streets, highways, toyetter
with such bridyes, culverts, ramps, and cuts as may be necessary, cn,
over, an! across the ground c0raced within the right-of-way hereinafter
described' further" a percanent easement and right-of-way, including the
perpetual right bmreopon the real estate hereinafter described, at any |
time 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 i
for the sole purpose of constructing, maintaining` installing, repairirg' .
and replacing End/or renewing such Over or otter facilities for all purposes
whatsoever, including but not by *ay of limitation, drainage structures Or
both saritary and storm sewer ground e0raced within the right-of-way cerein-
after dmscritsd, which is located within the boundaries of o tract or parcel }
of land situated in the County of 3t. Joseph" State of Indiana, briefly '
described as follows: A permanent right-of-way easement and a temporary '
easement for grading off of the Nest end of the following described tract of �
land to wit; The North 5 acres of the North half of the Nest 30 acres of the
South half of the North West one quarter of Section 29, Twp, 37 North Range 3
East m permanent right-of-way easement described as be�ng the East 34 feet of
the Hest 54 feet of the above described tract of land running approximately
220 feet along Ironwood Road. Atemporary construction easement for grading and / '
drive reconstruction described as being the East 30 feet of the Kest 720 feet /
of the above same described tract of land, all in the South half of the North
West one ouarter of Section 29, Twp- 37 North Range 3 East Penn Twp St JosephCounty, Indiana.
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To have and to nold the said easement and right-of-way unto 'the
,ivil City of South Dend, 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
�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
herein grwnted, 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
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the contract requires.
� IN WITNESS W [OF the parties ave hereunto set their hands and
seals this ay of ° 1973'
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Exhibit A
The consideration for the 17asement and Right of ?-lay here-
by granted to Civil City o" South Beni is as follows:
1. Civil City of South Pvn(l a -roes th,,),t the Crantor,
Grantor's successnrin interest and assigns -are hereby Con-
veyed and rranted the ri7ht to connect and hook un
with any sewers constructed by Civil. Citv of South Bend across
or on the easement hereby granted or any sewer constructed, by
the city of South Bend within One -thousand (1,000) feet of
the boundary line of Grantor's real nronerty described herein
at any time and for any number of individual connections, pro-
vided that all such connections must lead to a user located
upon the real of Grantor described in this Easement
and Right of Way. The rig-ht of connection and hook un hereby
granted shall be without any charp-e being made by Civil City
of South Bend or any other governmental body therefor. This
right of connection and hook up without charge shall run with
and be part of the real property of Grantor described in this
Easement and Fight of Way.
2. Civil City of South Bend agrees to restore the property
of Grantor herein described after any excavation or grading
is completed, leaving the real estateof Grantor which is de-
scribed in this Easement and Right of Way in a condition sat-
isfactory to the Grantor said restoration to include but not
be limited to the following.:
a) rebuilding of driveway located on Grantor's prop-
erty described herein
b) rebuilding and resetting retaininp-, walis nresentiv
located on Grantor's real property described herein,
c) transplanting, of plant materials located on Grantor's,
real property described herein,
d) doping of Grantor's real property described herein,
and
e) replacing the stone gateposts located on qrantor's rron-
STATE OF INDIANA )
Before me, a dotary Public, in and for said County and
State, personally appeared Richard A. Muessel, Jr.
who acknowledged the execution of the above and foregoing instrument
and right-of-way as his free and voluntary act and deed
this 16th
day of June 1 1973.
My Commission Expires:
� January 22, 1975 la
Notary Public David A. Wells
This instrument prepared by: James A. Roemer, Attorney
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