HomeMy WebLinkAbout#695b- Deed; Easment and ROW - From Thomas to City of South Bend-Ireland & Ironwood Project, R&S 48In consideration of the sum of Thirtean hundrad Ufty-rd.no, and 451100
(435945) 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, 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,
build, maintain, repair, and rebuild roads, streets, highways, together
with such bridges, culverts, ramps, end cuts as may be necessary, on,
over, and across the ground embraced with the right-of-way hereinafter
described, further a permanent easement and right-of-way, including the
perpetual 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 renewing any water, sewer, and other utility
facilities, whether used in conjunction with general street purposes, or
for the sole purpose of construction, maintaining, installing, repairing,
and replacing and/or renewing such sewer or other facilities for all purposes
whatsoever, including but not by may of limitation, drainage structures for
both sanitary and storm *ewer 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 7udiana, briefly
described as follows:
The north end of lots 71 & 12 in the recorded plat
of the "Original Town
of Highview" more closely described as follows:
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/Beginning at the northeast corner of Lot ll;
west along the north property line of Lots ll Q 12
u distance of 120 feet
to the northwest corner of Lot 12°
due south along the west property line of Lot 12 a
distance of 20.21 feet,
in a north easterly direction in a straight line tp a point lQ feet due
south of the northeast corner of Lot ll and in the
east property line of
Lot llr
thence;
due north along the east property line of Lot ll a
distance of 10 feet to
the northeast corner of said Lot ll the point of beginning taken off f
avo from the e^Lira north end of u,t" 11 and , in
�
Town of Highvicw" all in the southwest one quarter
c^" p'°� or w^u ~u,19/"~,��
of Section 29, Twp. 37
North, mange s East, Penn Typ., 3t. Joseph County,
Indiana.
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Also a temporary easement for slope reconstruction
and drive rebuilding
described as follows:
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^
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'Starting at the northwest corner of Lot 12,
7hence;
due South along the west property line of Lot 12 a d1stunce of
20.21 feet to the true point of beginning,
thence, further due south a distance of 29.79 feet,
thencedue east a distance of 120 feet to a point on the east property
° 11ne of Lot ll,
thence; due north along the east property line of Lot ll a distance of
� 40 feet,
thence; in a southwesterly direction in a straight line a distance of
128,43 feet to a point on the west property line of Lot 12,
the point of beginning, all in the Plat of the "Original Town
of Highvie*" in the southwest one quarter of Section 29` Twp. 37
North, Range J East, Penn Twp,, St. Joseph County, Indiana.
To have and to hold the said easement and right-of-wny 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
L thereto against the lawful claims of all persons whomsoever.
And as m 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 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 emp7oyed they will likewise apply �o the masculine gendar, whenever
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° �^^ =wnt°`, ~°q`i,=^
IN WITNESS WHEREOF the parties have hereunto set their hands and
�
\ seals thio ay of , 1974
�lU8U�3U
3Uv.. XUOJ
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N�QJ6T� \|0`u
0U��� ' JUJ
ST. JO3EPH C0UUTY\
S3:
STATE 8F INDIAHA \
Before me, a notary Public,
in and for said County and State,
personally appeared David
L. and Mary V. Thomas (Husband and wife)
\7A28 -11 I-11 reland Road, 3outh 8end, lndiana 45514
�who
acknowledged
�
� this Bthof
February
197�^
,
~
,
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^
Notary Public David A. Wells
This instrument prepared by: James A. Roemer, City Attorney.
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