HomeMy WebLinkAbout#747- Deed; Easement and ROW - From Thompsons to City of South Bend-easement for the maintenance of a sanitary sewer crossing over Lot 30, Jewelwood Add., Center Twp., St. Joseph CountyEASEMENT AND RIGHT-OF-WAY from Dennis
J. and Lynn D. Thompson to City of
South Bend, An easement for the main-
tenance of a sanitary sewer crossing
over of No. 30, jewelwood Addition,
Center Township, St. Joseph County, IN
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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,l,and,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:
An easement for the maintenance of a sanitary sewer crossing over Lot•.No. 30,
Jewelwood Addition, Center Township, St. Joseph County, Indiana, -As hereby
granted to the City of South Bend, Indiana and is more particulary described
as follows; Beginning at the Southeast corner of Lot No. 30 of said Jewelwood
Addition; thence North along the East line of said Lot 30 (said East line also
being the West right-of-way line of Ruby Street -"50 foot right-of-way), 18.00
feet; thence Southwesterly along a line to a point on the -South line of said
Lot 30 (said'South line also being the North right-of-way -line of Topaz°Street
50 foot right-of-way) that is 60 feet West of the Southeast corner of said
Lot 30; thence East along the South line of said Lot No. 30 and along the North
line of said Topaz Street, 60 feet to the Point of Beginning.
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To have and to hold the said easement and right -of -gray 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
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 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 of 197f.
57
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ST. JOSEPH COUNTY )
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STATE OF INDIAtIA ` )
Before me, a Notary Public, in and for said County and State,
personally appeared Dennis J. and Lynn,D. Thompson
,'who acknowledged the execution of the above
and foregoing instrument and right-of-way as their" free and voluntary
act and deed this 26th day of October 1974.
My commission expires October 10, 1976.
��'�•'►'1,' /' e.,- `�,.... Cie, R eat `
Notary Public Sarmite Conrad
Prepared by: James A. Roamer, City Attorney.
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This is to certify that we surveyed Pha above pro *fly and And that the build'
imgs stood strictly wdMn.16 ti46 limes and that than a,r no encroachments,
- r'. ; pgrstered land Swwyor't "lQ'L'J~
ENGINEERING, 'PLANNING
:SERVICES
INCORPORATED
MISHAWAKA SOUTH' eEf1R
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