HomeMy WebLinkAbout#695c- Deed; Easement and ROW- From Jacksons to City of South Bend-Ireland & Ironwood Rd. Project, R&S 48���
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In consideration of the sum ofDollars
Dmlla�s cash in hand paid, receipt whereof is
hereby acknowledged, the undersigned hereby grant, bargain, sell, convey,
hansfer, deliver unto the Civil City of South, Bend, a permanent easement
and right-of-way, for the following purposes namely: The right to enter
on 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 cuts as may be necessary` on,
over, and across the ground embraced within 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"amy water, sewer, and other utility
facilities, whether used in conjunction with general street purposes, or
for the sole purpose of constructing, maintaining, installing, repairfng,
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 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 Indiana, briefly
described as follows:
thence;
thence,
thence;
The North 10 feet of Lots Q and lO in the recorded plat of the
"Original Town of Highview" more closely described as follows:
A parcel of land lO feet wide North and South and 128 feet long
East and West taken off of and from the entire North end of said
Lots Q and lU in the plat of "Original Town of Highview" all in
the (S.W. 1/4) South West One Quarter of Section 29, Twp. 37
North Range 3, East Penn Twp., St. Joseph County, Indiana.
Also a temporary easement for slope reconstruction and drive
rebuilding; described as follows: Starting at the northwest
corner of Lot lO°
due south a distance of 10 feet along the west property line of
Lot 10 to the true point of beginning,
further due south along the west property line of Lot (O a distance �
of 28 feet,
due east a distance of 120 feet to the east property line of Lot 9, ^�
it
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�h along the east property line of Lot 9 a distance of
due,west a distance of 120 feet to thebeginning, all
from lots l8 and in,the plat of "Original, Town of Hhghviaw»
in the south west one quarter of Section 29, Twp, 37 North,
Range B~East, Penn Twp." St, Joseph -County; Indiana.
This temporary easementwill expire October Dl, 1974. As a
further consideration, the City agrees 'to�,protact`and indemnify
the damagetote Chinese `-Bm,tree"located approxi-
mately `atQtati`on'G3+78~ If the tree risdastroyed-;doring,c*nstruction,
' the City agrees that the value of the tree is$750.00 if no replacement
is made or the tree will be replaced with a tree satisfactory to the
nwners
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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 suocessors 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 io free from all encumbrances; and
that they will warrant and forever defend the title in quiet pnssession
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 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 neoessary` 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
ea 197,1
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. JOSEPH COUNTY
3S:
STATE OF lNDIANA \
Before me, u notary Public, in and for said County and State,
personally appeared C
South Bend, Indiana 4661
who acknowledged the execution of the above
and.,foregoing i d right-of-way as free and voluntary
act--'o4'.6eed� this 15th day of
61
Notary Public David A. Wells
This instrument prepared by: James A. Roemer, City Attorney `
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