HomeMy WebLinkAbout#718 - Deed; easement and ROW - From Kennedy & Baldoni to City of South Bend-lot of land in the SW quarter of Sec. 33, T 38 N, R2EEASEMENT ANtD RIGHT-OF-WAY from Rob
L. Kennedy and Louis F. Baldoni, J
(BEACON BOWL, INC.) , tO City of Sr
Bend, A. lot or parcel of land in t
S.W. Quarter of Section 33, Townsh
38 North, Range Two Bast.
STATE OF INDIANA
SS:
ST. JOSEPH COUNTY
Before me, the undersigned, a Notary Public in and for
. ......... . ... -aetid, county and State, personally appeared R&b6i
and Louis F. Baldoni, Jr., known by me to be the President
and Secretary of Beacon Bowl, Inc., an Indiana corporation,
and acknowledged the execution of the foregoing Basement and
Right -of -Way for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name
and affixed my official seal this 11th day of June, 1974,
kGuy H. McMichael, Notary Public
My Commission Expires:
May 8, 1978
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BooK, 787
169004
EASEMENT AND RIGHT-OF-WAY
N11111
�Vl C-;
In consideration of the sum of Three Hundred ($3(mro.00�.y"
Dollars cash in hand paid, receipt whereof is hereby acknow-
ledged, the undersigned hereby grant, bargain, selif convey,
transfer, deliver unto the Civil City of South Bend, a per-
manent easement and right-bf-way, for the following purpose,
namely: for the purpose of constructing, maintaining and re-
pairing, 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 re-
newing such sewer or other facilities for all purposes what-
soever, including but not by way of limitation, drainage
structures for both sanitary and storm sewer ground embraced
within the right-of-way hereafter described, which is locat-
ed within the boundaries of a tract or parcel of land situ-
ated in the County of St. Joseph, State of Indiana, briefly
described as follows:
A permanent easement fifteen (15) feet wide meas-
ured East and West and taken off of and from the
entire west end of the following described tract
of land, to -wit:
A lot or parcel of land in the Southwest Quarter
(1/4)of Section Thirty-three (33), Township Thirty-
eight (38) North, Range Two (2) East, described as
follows, viz: Commencing at a point One Thousand
Three Hundred Sixty-five and five tenths (365.5)
feet East of the Southwest corner of said Section
(33) in Township Number Thirty-
eight (38) North, Range Two (2) East; thence North
parallel with the west Line of said Section, a dis-
tance of Six Hundred Twelve (612) feet to the
Southerly boundary of Michigan Road (now known as
Lincoln Highway); thence in a Northwesterly direc-
tion along said Southerly line of said road, a dis-
tance of Si.xty-eiqht and nineteen hundredths (68.19)
feet; thence South, parallel.. with the West Section
line, a distance of Six Hundred Thirty-seven and
eleven hundredths (637.11) feet to the South line of
said Section; thence East along said South line of
said Section, a distance of sixty-two and five hun-
dredths (62.05) feet to the place of beginning.
Also an additional temporary const
ruction easement
Twenty-five (25) feet wide measured East and West
along and adjacent to the East side of the above de-
scribed Fifteen (15) feet wide permanent easement.
All in the Southwest One Quarter (1/4) of section
Thirty-three (33), Township Thirty-eight (38) North,
Range Two (2) East, St. Joseph County, Tndiana.
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.
Said easement is granted subject to the following condi-
tions to be performed by the Civil City of South Bend, Indi-
ana, to -wit:
1. The light posts affected shall be removed and
reinstalled.
2. Approximately six hundred ninety (690) feet of
fence if removed shall be replaced.
3. Any and all asphalt surface disturbed in the
construction of said sewer shall be replaced.
4. The installation of said sewer and the return
of said premises to its former condition shall
be completed August 14, 1974.
5. Anv buildings on the premises shall be pro-
tected with shoring if necessary for their
preservation.
T,_7 � - �t h ' - -I t -
at tr, _tho, p,7e .mi 5,e:�� of e GraT
!.ena t i-- the extent of one traffic: Jane,
be py-o-viacaa
7. The West Twelve (12) feet of a section of curb-
ing and c1rass at the rear of the main building
on the premises shall be levelled and surfaced.
boox '787
lot
8. In the event of failure of the sewer, the
Civil City of South Bend, Indiana, will be
responsible for any damage done to the
premises and shall restore them to their
original condition.
9. Upon completion of the construction of the
sewer, Grantor shall have the right of park-
ing privileges on said easement for its c-s-
to,mers.
And the said Grantor hereby covenants with the Civil
J.
City of South Bend, Indiana, that it is lawfully seized
and Possessed of the afore described tract or parcel of
land; that it has good and lawful right to sell and con-
vey; that it is free from all encumbrances; and that it
will warrant and forever defend the title in quiet posses-
sion thereto against the lawful claims of all persons
whomsoever.
It is understood and agreed by the parties hereto, that
whenever in the< foregoing instrumen*7 the singular num'>'-= A-s
used, it will be read as plural, if and when necessary, and
that whenever words of neuter gender are employed, they will
likewise apply to the masculine gender whenever the contract
requires.
IN WITNESS WHEREOF, this agreement is executed this
11thday of June , 1974.
BEACON BOWL, INC.
ATTEST:
'L'Zc
(SEAL), ,
Y:
Robert L.
Kennedy,s�
p dent
Secretary
M
ji%'
BOOK 787
I, Louis F. Baldoni, Jr., certify that I am Secretary
of the Corporation executing this easement; that Robert L.
Kennedy, who signed this instrument on behalf of the Cor-
poration was then President of said Corporation; that said
instrument was duly signed for and on behalf of Sala
ation by authority of its governing body, and is within the
scope of corporate powers.
F___ al ni, Secretary
(CORPORATE
' 1.
S " EAL)
STATE OF INDIANA
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for
said County and State, personally appeared Louis F. Baidoni,
Jr., known by me to be the Secretary of Beacon Bowl, Inc.,
an Indiana corporation, and acknowledged the execution of
the foregoing certification.
IN WITNESS WHEREOF, I have hereunto subscribed my name
and affixed any official seal th llth day of June, 1974.
Notary Public
Guy McMichael,
My Conniission Expires:
ine4y B, 1978
This instrument was prepared by Guy H. McMichael of Voor,
Jackson, McMichael & Allen, member St. Joseph County Bar
Association, Indiana.
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