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HomeMy WebLinkAbout#695f- Deed; easement and ROW - From Coquillard-Ireland & Ironwood Rd. Project, R&S 48EASEMENT AND RIGHT-OF-WAY Ireland and ironwood Road Project, R S 48 - Voco, Inc. by: George E. Coqu i l lard, President., ti� :`� ,r n y �. ^'.sas aaa � ,cz✓,ea:.a�I. (p Boa 781 PAGE- l' i/ rfl7f'NT ANQ RIQ11T OF W1flY 160,33 ' In consideration of the sum of One dollar and other goodand valuable consideration 00MMzx0aGtK-tPT*WWrXVd, receipt whereof is a. a 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 9 rade level, ra,,pave fill drain,,pave, 9 , 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 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, d 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 f of land situated in the County of St. Joseph, State of Indiana, briefly rn c,. ! described as follows: c-) w e G: E The north end of Lot 13 more closely described as follo�vs'^ E•,: Beginning at the northwest corner of Lot 13, thence; south aloe the west property line of Lot 13 a distance of :r"�w "`� 62 feet g p p Y �z• f f!7 C 7 _ C. �;, thence;. in a straight line in a north easterly direction to a poin _:; 22 feet south of and 21 feet west of the northeast corner?. r of said Lot 13, thence; due east along a line parallel to and 22 feet south of the north property line of Lot 13 a distance of 21 feet to the east property line of Lot 13, "thence; due north along the east property line of Lot 13 a distance of 22 feet to the northeast corner of Lot 13, thence; due west along the north property line of Lot 13 a distance of 60 feet to the northwest corner of Lot 13, the point of beginning, all in Lot 13 in the recorded plat of the "Original ; Town of Highview° all in the southwest one quarter of Section 29, Twp. 37 - North Range 3 - East Penn Twp „ St. Joseph County, Indiana. Subject to the right hereby reserved to Voco, Inc., an Indiana corporation; its successors and assigns, and, by the recording hereof, the Civil City of South Bend, Indiana hereby accepts and grants to Voco, Inc., an Indiana corporation, and its successors and assigns, the permanent right to connect to for use by said Voco, Inc. and its suc— cessors and assigns, all..sewers heretofore or hereafter constructed covering any part of the real estate described in this instrument or relating to any adjacent realty now owned by Voco, Inc. without;Voco, Inc., or its successors and assigns, being required to pay any hookup fee'or costs for any connecting fee or connecting charge of any nature. 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. u 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 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 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 26th day of nn tahe r , 1973• VOCO, INC., an Indiana corporation George C,11ard, its President BOOK I C BOOK 781 PAGE 88 ST. JOSEPH COUNTY)a. SS: STATE OF INDIANA Before me, a notary Public, in and for said County and State, personally appeared ---------- * ------- -------- 9QW,4- George C. "Coquiliara, President of vbd-o-;--En--c-.--,--a-n--I-nUl-a-n-a--corpora -tTon, and as such officer and for and on behalf of said Voco, Inc., xwft acknowledged the execution of the above and foregoing instrument and right-of-way as his free and voluntary act and deed this 26th day of October 1973. My,:, xpl r es M - , , N §71:Z 4" en ublI McG1 Notary C This instrument was prepared by Raymond S. Andrysiak for and on behalf of the Civil City of South Bend, Indiana. I 9 1601 �OA`KS CERTIFIED COPY OF RESOLUTION I, George C. Coquillard, do hereby certify that I am the duly elected, qualified and actinfr President of Voco, Inc., an Indiana Corporation, and that the following is a true, correct and exact copy of a Resolution adopted. by the Board of Directors of voco, XXIC. au a op,clal mt�euing auly called and held on the 24th day of October, 1973. 1 do further say that said Resolution has not been altered, rescinded or amended and is in full force and effect. Said Resolution is as follows, to -wit - "Be it resolved: That Voco, Inc. is hereby authorized to convey to the Civil City of South Bond by four separate instruments certain permanent easements and rights -of -way for use by the City for street and utility purposes for the sum of Forty Thousand Dollars ($40,0o0.o0), which real estate is generally located on property owned by Voco, Inc. in the West end of the South 1/2 of the North West 1/4 of Section 29, Two. 3'7 North Range 3 East Penn Twp., St. Joseph County, Indiana and in Lots 13, 14 and 15 in the recorded plat of the original Town of High View located in the South West 1/4 of Section 29, Twp. 37 North Range 3 East of Penn Twp., St. Joseph County, Indiana; and the President is authorized to execute said instruments for and on behalf of said Corporation." The undersigned further states that he is the duly elected President of said Corporation and that there is on file in the records of said Corporation a Resolution or By-law to the effect that the President is authorized to convey any interest in real estate on behalf of the Corporation and to execute all necessary instruments, in onnno,i-.i— that said Corporation shall be bound by all instruments and executed by the President, and that said Resolution or By-law has not been altered, rescinded or amended and is in full force and effect at this date. BOOK psi;{ In Witness Whereof. I have hereunto set my hand and seal this 24th day of October, 1973. GepTrge t Uoquillard,, President o' Voco, Inc. STATE OF INDIANA ) ) Ss. ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for said County and State., on this 24th day of October, 1973, personally appeared George C. Coquillard, as President of Voco, Inc., and acknowledged the execution of the foregoing instrument. Witness my hand and official seal. 0 notary Public Myarrfmssion Expires: This instrument prepared by Robert M. Parker, Attorney at Law, 609 Odd Fellows Building, South Bend, Indiana 46601.