HomeMy WebLinkAbout#695i- Deed; Easement and ROW - From Coquillard-Ireland & Ironwood Rd. Project, R&S 48. s.
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EASEMENT AND RIGHT-OF-WAY
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~ In consideration of the sum of one dollar
.uable consideration 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
upmn the hereinafter describedlamd undgrnde, level,f�]l° draiV, -
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build, maintain, repair, and rebuild roads, streets highways, ^ '
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with such bridges, culyer ,,mmps. and cdt�as may henecessary, 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
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repairing, installing and renewingany water, sewer, and other utility
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` facilities, whether used in conjunction with ge — l street purposes, or
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for the sole purpose of constructing, maintaining, installing, repairing,
. and replacing and/or renewing such s6wer 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 looated.wdthin'the boundaries of a iract or parcel
of land situated in the County of St. Joseph, State of Indiana, briefly
described as follows: A temporary easemen' for fill slope and o permanent '
easement and right-of-way r sewer and roadway taken off of the South Nest
corner and the West side of the following described tract of land to wit:
The South half of a 30 acre tract of land taken off of and from the West end
of the South 1/2 of the North West 1/4 of Section 29, Twp. 37 North Range 3
East Penn Twp. r St. Joseph County, Indiana. —A permanent right-of-way located
as follows: beginning at the South Nest corner of the North West 1/4 of Section 29
Twp. 37 North Range J East; thence due East along the center line of said Section
29 a distance of 500 feet; thence due North a distance of 40 feet' thence due
Nest along a line parallel to and 40 feet North of the center line
of said Section
29, a distance of 368 feet; thence in a North Westerly direction �n a straight line
to point, 121 feet North and 40 feet East of the South West corner
of the North
..Kest 1/4 of said Section 29 o distance of l23 feet l Y '
, plus or minus; thence due worth
along a line parallel to and 40 feet East of the
-West
�line of said Section 29 a
distance of 541 feet; thence due Hest a distance of 40 feet to the Nest line of
said Section 29; thence due South along the Nest line of said Section 29 o distance
of 062 feet to the place of beginning also a temporary easement for fill and slope '
along Ireland Road and a temporary easement along Ironwood Road for-s\opea and
channel change Tmcated as follows: a temporary easement 16 feet wide North and
South immediately North of and adjacent to the aforementioned permanent right-of-way
easement along Ireland Road and a temporary easement 60 feet wide East and West
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immediately East of and adjacent to the aforementioned permanent right-of-way ease-- `
ment along Ironwood Road, all in South 1/2 of the North Nest 1/4, Sectiun���'��
Txp. 37 North Range 3 East Penn Twp., %t. Joseph County, Indiana.
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Subject to the right hereby reserved to Voco, Inc., an
Indiana corporation,
the recording hereofits successors and assigns, and, by
, the Civil City of ,
hereby accepts and grants to Voco, South BendIndiana
Inc., an Indiana
corporation, and its successors and assigns, the permanent
right to connect to for use by said Voco, Inc. and its Permanent
suc-
cessors and assigns, all" sewers heretofore or hereafter
in constructed covering any part of the real estate described
Voco
this instrument or
owned relating to any adjacent realty now
, Inc. witj�out�
and assigns,
,Voco, Inc.,
being required or its successors
gns, 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.
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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 isused, 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 nnf.nher , 1973.
VdCO, INC.,
an Indiana corporation
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= ueoge C. oquillard, its President
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ST. JOSEPH COUNTY)
SS:
STATE OF INDIANA
Before me, a notary Public, in and for said County and State,
personally appeared -lose
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George C.— Coquillara,
Fres en o I Voco , Inc. an ;i5 1ana
such officer and for and on behalf of said Voco, Inc. �5`6rpor-a-fi`on, and as
%X14ft 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.
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orarry ublic
This instrument was prepared by Raymond S. Andrysiak for and on behalf of the
Civil City of South Bend, Indiana.
BOOK 781 . PAGE 91
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