HomeMy WebLinkAbout#746- Deed; Easement and ROW - From Dominiacks to City of South Bend- a 7.5' strip of ground, N. of and adjacent to the existing 7.5' easement, that runs the entire width of Lot 44 and the W. 60' of Lot 43, Jewelwood SubdivisonCity of south Beni,, A ✓.5 toot strip
of ground', North of and adjacent to
.he existing 7.5 fret easement, that
tuns the entire width of Lot 44 and
the hest. 60 feet of Lot 43, je elwood
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BOOK ?AGE
RECCRptEri 411A
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EASEMENT AND RIGHT-OF-WAY
In consideration of the sum of one ($1.00)
Dollars cash in hand paid, 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
upon the hereinafter described land and grade, level, fill, drain:, pave,
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 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
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 constructing, 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:
A 7.5 foot strip of ground, North of and adjacent to the existing 7.5 foot
easement, that runs the entire width of Lot ld4. and the West 60 feet of Lot 43,
Jewelwood Subdivision.
Also, a 2.1 foot strip of ground, East of and adjacent to the existing 7.5 foot
easement, that runs the entire West side of Lot 44 Jewelwood Subdivision, all in
the southwest quarter of the northeast quarter of Section 35, Township 37 North,
Range 2 Fast, Centre Township, St, Joseph County, Indiana.
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93 A89
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.
And the said Grantors hereby covenant with the Civil City of
fSouth Bend, Indiana, that they are lawfully seized and possessed of the
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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 w!17 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
seals this day of , 197�.
7
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ST. JOSEPH COUNTY
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STATE OF INDIANA )
Before me, a Notary Public, in and for said County and State,
personally appeared Jerry Dmmi iack and Roberta omniniack _
, who acknowledged the execution of the above
and foregoing instrument and right-of-way as —free and voluntary
act and deed this 26th day of 0ctnber , 1974~
My commission expires �
October lU, 1976
Prepared by: James A. Roemer^ City Attorney.
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Notary Public sarmite Conrad
500K 793 PACE 82
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