HomeMy WebLinkAbout#731- Deed; Easement and ROW-From Colpaert to City of South Bend-Beginning at the N.W. corner of Plat of Bellwood 3rd unit to City, said point of beginning being on the centerline of Linden Ave. and on the N linek
EASEMENT AND R1, HT-0E- JAY ' ism
410
In consideration of the sum of One dollar and no
cents ($1.00Dollars cash in hand paid, receipt whereof is
hereby acknowledged, the undersigned hereby grant, bargain, sell, convey,
transfer, deliver unto the Civil City of South Rend, a permanent easement
annd right of way, for the following purposes namely: The right to enter
aairran the here'irna ter described land and grade, level, fill, drain, pave,
build, nrrainntain, repair, and rebuild roads, streets, highways, together
waver, and across the ground embraced with the right-of-way hereinafter
described, ianrthar° a permanent easement and right-of-way, including the
perpetual r pni1rt shaareupor'n Lhae real estate hereinafter described, at any
t'isrnr that Va rrrnn,,n" ,i s n, for, the purpose of constructing, maintaining and
repairing, n risi azI i 'i nng and renewing any water., sewer, and other utility
.F,Icilities, whether°, usefl in conjunction raith general street purposes, or
for the sole pu4rose of Cori trtiction, maintaining, installing, repairing,
and repla ,,�aa ung and./Or retnevrhg, .such ,ewer aa,r other facilities for all purposes
wlh" ," surer includ"ing but n ,nor" PaJ+ f' of limitation, drainage structures for
both sani iar,y and s-b.,wr+n ground enbnaraced within the right-of-way herein-
after described, wh i r;nir is `g urns aJ',;e d, w n "arn;n the boundaries of a tract or parcel
of land s luated in tinrn d`ir,„aur, y ay.n, wit. 3aseph, State of Indiana, briefly
described as fol l sayers a
An easement located in the North One -Half W of the North-
west One -Quarter (-h) of the Northeast One -Quarter (4-) of
Section 8, Township 37 North, Range 2 East in the City of
South Bend, St. Joseph County, Indiana, more particularly
described as follows:
Beginning at the Northwest corner of the recorded plat of
Bellwood 3rd Unit to the City of South Bend, Indiana, said
point of beginning being on the centerline of Linden Avenue
and on the North line of Section 8, Township 37 North, Range
2 East; thence West along said North line of Section 8, a
distance of 832.07 feet to the East line of Mayflower Road
projected; thence South along said East line and said East
line projected a distance of 40,feet;- thence East parallel
with the North line of Section 8, a distance of 832.04 feet
to the West line of Bellwood 3rd Unit; thence North 40 feet
to the point of beginning, subject to all rights -of -way of
record
w1u uxuv /t.5 uuc,esmors ano 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
aforedescribed 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 wordy 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 —day of July 0 __aLL__.
COLPAERT REALTY CORPORATION
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~~~-^` L. °==,=^' ,^`= ^^=~^"""`
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I _certify that I Secretarythat Hubert L. Weave17 who signed this instrument on behalf
of
Before me, aNotary Public, in and for said County and State,
personally appeared anaect L. Weaver
and Josepha a
OF
who acknowledged the execution of the above and foregoing instrument
and right-of-way as their free and voluntary act and deed this
25th day of July 1974 ^
My Commission Expires:
ry
This instrument prepared by: James A. ooemer, City Attorney.
BOOK
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