HomeMy WebLinkAbout#685- Deed; easement ROW - From Muessel, Jr., Settlor of Muessel 1969 Trust-Part of the E. half of the N.E. quarter of Sec. 30, Twp. 37 N., Range 3 E. (See Easement)EU,a ..hw.S
RE 0RD iZ'
In consideration
sum of money desnrIoed In ExhiU1t ''x" otturhod here,
a nart hereof' receipt whereof
hereby ac',',nc�,,-ledqed, the undersigned hereby grant, bargain, sell , convey ' d
transfer, deliver unto the Civil City of South Send, a permanent easer,-,2nt
arid right-of-way, for the follc,,iing purposes namely: The right to enter
upon the hereinafter described land arid grade�, level, fill, drain, pave,
t�'ufld, m5intain, repair, and rebuild roads, streets, highways, together
with such brid�es, culverts, rxmps, and ccts as may he necessary, on,
and across the ground embraced within the right-of-way hereinafter
,
�^ described, further a permanent easem.ent and right-of-way, including the
perpetlual right thereupon the real estate hereinafter described, at any
time that it may see fit, for the purpose of constructing, maintaining and
repairing, installing and reneoin "any water, sewer, 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 sexer or other facilities for all purposes
whatsoever, including but not by -way of limitation, drainage structures for
both sanitary and storm sewer ground embraced within the right-of-way herein-`
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after described, which (s located x��h�n the boundaries of a tract or parcel
of land situated in the County of It. Joseph, State of Indiana, briefly
described as follm/e:` A 10 fnmt wide permanent easement and an additional
lU foot wide ter,-,, easement over and across the following described tract
of land to wit: ;art of the East half (E 1/2) of the North East one quarter
~ (N.E. 1/4) of Section 30, Twp. 37 North Range 3 East, beginning at a point
on the East line of said section, 1388.97 feet South of the North East corner
of said section; thence further South along the East line of said section
406,67 feet; thence due West, 972'68 feet; thence due North 405.57 feet; thence
due East 972.68 feet to the point of' beginning. Containing 9.06 acres plus or
minus all in the East half of the North East one quarter of Section 30, Twp. 37
North Range 3 East Centre Twp., St, Joseph County, Indiana.
A 70 foot wfde.permanen1 easement located as follows: Storting at the North East
corner of the above described tract of land; thence due West along the North prop-
erty line of said tract a distance of 353 feet to a point of beginning; thence in
a South Eas�erl, direction in a straight line a distance of 432 feet plus or minus
to a point in txc South property line of said tract which point is 208 Kest of the
' South East corner of said tract; thence due East a distance of 10.59 feet; V�ence
in a :urth Westerly direction in a straight line a distance of 432 feet p/us or
minus to a point in the North property line of said tract and 10.59 feet due East
of the point of beginning; thence due Hest along said North pruperty line a distance
~
of 10.59 feet to the place of beginning, also a 10 foot wide ten�orary construction,
� easement immediately adjacent to and along the entire Westerly side uf,the abuve
' described permanent construction easement, all in part of the East half (E 1/2)
of the H3orth East one quarter (N.E. l/4) of Section 3O, Twp. 37Murth Range East
Centre Twp. St. Joseph County, Indiana.
/1
l n� r"ltiiit Of—l'ril`f C'i1Se G�r•IMt 12 ft't"lV 4' id( lo(:,ltfi'l i"1'1 foll 71C�','1`;q;
feel pf the L ;12 fr.et of t.hu, ahi:o"v tilt cl,i1�vd Lrr�ct, of
a�1 c� a tul:'{lorOly construction e'v' !i+crtL 30 k:('C t:idl, it,c,.ted
11ol,rs; the 5est 30 feet of the East 62 f(!t:-t of t.hc utrovc r.lescrib C
,tract of land.
to have and to hold the said easem nt 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
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 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.
It is understood and agreed by the parties hereto,'that wherever
in the foregoing instrument the singular number is used, it will be read ;.
t;
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 j
seals this �a_ _ day of 1973.
Civil City of South Bend
r.
ATF OF TNT)TAIA
JOSEPH COU11TY
Before me, the und,er-,1�nerl, a llot�lry T)uhlic in end for said County and
Statc, personally qnnearerl:
Richard A. Muessel, Jr., Settlor of Muessel 1969 Trust and
Rollin Z. Farrand and James R. Seitz, Board of Public Works of South Bend, Ind.
a acknowled7,ed the execution of the rorep7otn7 Easement and
5h Fxhibits A and B.
,
Tn jq1tnegs whereof, T have hereunto subscrtberl my name i.nA Iff i p q my
official seal, this 6th day of August lq73.
Rotary Public
David A. Wells
My CoTIMTs:si,o'n,expires Jan,..22.2_ 1975
was prepared by Nelson J. Vorel , Jr. , Attorney at Law.
Exhibit h
x'h consideration for the Easement and fiif;ht of Hay hers:
by granted to Civil. City of South Fiend is as follows:
1, The sum of Seven Thausa.nd Do1].ars (t7,000.00) in cash,
2, Civil City of South Bend agrees that the Grantor, and
Grantor's successors in interest and assigns are hereby conveyed
and granted the pernetual right to connect and hook up with any
sewers constructed by Civil City of South fiend across or on the
easement hereby granted at any time and for any number of Indi-
vidual'connections, provided that allAl
such'"cnnrnect ons-must, held f''`,
i
to a user located upon °`the real property of Grantor described in
this Easement and Right of Way or upon real property of r,rantor
described in Exhibit B attached hereto and made a part hereof.
The right of connection and hook up hereby granted shall he
without any char�7,e bein- made by Civil City of South Mend or any
of its agencies or subdivisions therefor. This .right of con-
nection and hook up without charge shall run with and be part
of the real property described in this Easement and Right of
Way.
3. Civil City of South Bend agrees to restore the too=
ographical slope of the nronerty of Grantor herein described
after any excavation or grading; is completed, leaving; the real
property of Grantor which is described in this Easement and
Right of Way in a condition satisfactory to Grantor.
j
„ 4. Civil City of South fiend hereby grants, delivers, .and
conveys to Grantor, his successors in interest and assigns a
permanent easement and right of way under and across the North
Sixty-three (63) feet of the following described tract of
land, located, in St. Joseph County, ?ndi,ana to wit
A':" .. a.:.,4•. r.f the 011:4"f.p7' (1/4.) of :Section
feet
ThS.r��ty (3� i ; thence Fast five hundred(`�00 �tu��.rt;_
parallel to th
South i'_.ne of the north(.' 3t'
or (l/�) of :s7i.d Section �irt�r (iG) di:,tanre.
of five hundred (500) feet to the place' of t�enin-
ni.nf*..
.lis ease. ^nt is s°rar:tt°:1 for thenurnase of �.nrrrryss and egress
to the real propert.q of Granto7, described in this Easement
and Rirht of }day and for the use by Grantor, his successors
in interest and agsiCns in con,iunction :,pith the develonment
of said real oroperty and construction of drive ways and other
streets which may intersect with the road r)resentiv existing
ay construct a road way on said
on said easement. Grantor m
easement, may, f;rade, level, fill, drain, pave, build, main-
tain, repair, and rebuild roads, streets, highways, together
with such bridges, culverts, ramos, and cuts as may be neces-
sary, on, over, and across the ground embraced within this
easement and right of way.
A lot or Parcel of land In the Northeast Quarter of
Section Numbered 30, Townshin "jum!-)ered 37 North, Range,
Numbered 3 H)-st, more nartioular3.y described as follows,
to -,,%,it : "Reginnin�; at a Point 13.65-07 feet South and.
501.28 feet West from the Northeast corner of said
Northeast Ouarter of said Section, Township and Rqnve:
thence West 471-4 feet-, thence North 223.9 feet: thence
East 471.4 feet; thence South 223.9 feet to the Place
of beginnino, and contatnK7 ?.429 acres,said
d tract
being the ,,Test 2.423 acres of a nArcel o'sland.
Part of the East Half (1/2) of the Northeast Quarter
(1/4) of Section Thirty (30), Township Thirty-seven
(37) North, RRnoe Three (3) East, bounded as follows:
Beginning at a point on the East line of said sec-
tion Thirty (30), Thirteen Hundred and Fightv-elght and
97/100th5 (1,388.97) feet South of the Northeast corner
of said section; thence South along the East line Of
said Section, Four Hundred and Five and 57/100ths
(405.57) feet; thence Test line Hundred and Seventy--
two and 63/100ths (972.68) feet; thence Nortfeeth Four
Hundred and Five and 57/100ths 005.57) , more or
less, to a point due Ye3t of the place o" beginning;
thence East Mine Hundred Seventy-two and 68/100ths
(972.68) Peet, to the place of beginning, containing
Nine and 6/100ths (0.06) apres, more or less.
This instrument was prepared by Nelson J. Mogel, Jr., Attorney at Law
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