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HomeMy WebLinkAbout#695h- Deed; Easement and ROW - From Coquillard-Ireland & Ironwood Rd. Project, R&S 48I ST-10SIEPH 00. N D J i� n 16 2 07 Phl 'N B 00 KldJ' P A G E gO E U C, E: tNE BASKER RECOF?,DER ~ In consideration of the sum of____ ' bIe consideration 8OM@MN One dollar and other good and , receipt whereof is hereby acknowledged, the unders.igned hereby grant, bargain, sell, convey, -_� � deliver unto the Civil City of South Bend, a permanent easement i and right nfwa�, for the following purposes namely: The right to enter � 3upon the hereinafter described land and grade, level, fill, drain, pave, �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 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: The west lO feet of Lot 16 more closely described as follows: Be- ginning at the northwest corner of Lot 15, thence; due south along the west property line of Lot 15 a distance of 60 feet to the southwest corner of Lot 15^ thence;, ` due east a distance oflO feet, thence; due north along a line parallel to and 70 feet east of the west property line of Lot lG a distance of 60 feet,� thence; due west a distance of lO feet to the northwest corner of Lot 15^ the point of beginning, all in Lot lS in the recorded plat of the "OriginalTown of Highview"� all in the southwest one quarter of 5ection'29, Twp- 37, North Range 3 - East Penn Twp., St, Joseph County, Indiana. the right �,berp-b «� , ~exerveU to �Vo-o-o ~" Inc., an u�` its »u«ne»oora and ao i�/c recording hereof the Civil City of S000, and, by yhereby accepts and grants to V000�"to Bend, India na c»rporetiuo ao��ta a«eeeoo�o �odoc'" an Io�ianaright to co' 000i�ou, the Permanent uoeot to for use by said «oo»oexooro and assigns " Inc. and its "Ioewero bere^oz«000- rog an' or this inotn'�u�t o� the real estate deserlbed umenrelatingowned by Vo o, Inc.°�=p»o:"I'd a=migoo~ being ^~yw+����» gay a�r�or its successors z»r any connecting --~ ~��^ �~^ or opsno^ "�oect1n I g charge �^ � of any nature. � To have and tohold the said easement and right-of-way unto the Civil City Of South Bend, Indiana, and untn its successors and assigns forever. ' � �. And the said Grantors h ' �'�qy covenant with the Civil City of South Bend, Indiana, that they are lmwTolly 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 i� f that they will warrant and fn ,ree from all encumbrances; and ' revar �efeu� 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 dam from whatsoever cause, incidental to thedamage, exercise herein granted, from the beginning of tof any of the rights the world until this date. It is understood and agreed by the partips 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'portiea have hereunto set their hands and ` seals this ' day of 1973. io VVCO, INC., ~' an Indiana,corporation . ' . the right hereby reserved to Voco, Inc. an Indiana corporation the recording " its successors and assigns, and, by hereby t hereof, the Civil City of South. Bend y accepts and grants to Voco, Inc. Indiana corporation, and its successors and assigns, ' right to connect to for use b ' an Indiana cessors and assigns Y said Voco the permanent ereafter constructed covering all -sewers heretoforeorand its suc- in this instrument or relatingany 'Part of the real cent realty now owned by Voco, Inc. wit}�out r VcicoQ any adjacent realty now and assigns, rein re i- Inc., or its successors for an qu3red to pay any hookup fee or Y connecting ,fee or connecting; charge costs g 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. w And the said Grantors hereby covenant with the Civil City of South Bend, Indiana, that they are lavrfully 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 _?6h day of f- h", 1973. VOCO, INC., an Indiana corporation B� ✓ George C. ,,sCoq uil "ard, its President :�/ BOOK�1 au 7 ST. JOSEPH COUNTY) SS: STATE OF INDIANA Before me, a notary Public, in and for said County and State, personally appeared -V-0C'Q , -DW- -86s- CGM&tQ G 14 ----------- I ------- ar-d-j- 4. es -90020- qulilard, Fresluent --- a-H-7—ff� 1 '' ' , I !a - said Voco,corpora on such officer andforand on behalf of Inc., ,xvft 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 —Y 1973. My Commission) ExP ices: 7 1,417-3 en E l CUI-L-L ota ry Public This instrument was prepared by Raymond S. Andrysiak for and on behalf of the Civil City of South Bend, Indiana. C V ""�lJ