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HomeMy WebLinkAbout#748- Deed; Easement and ROW - From Place to City of South Bend-a 30' strip of ground over Lot 42, Jewelwood Subdivision, 17.5' W. and 12.5' E.EASEMENT AND RIGHT-OF-WAY from Andrew S. Place: to City of out Bend, A 30 foot strip of ground over Lot 42, Jew,elwood Subdivision, 17.5 feet Westerly and 12.5 feet Easterly. ���l�i�ii���� EASEMENT AND RIGHT-OF-WAv �yS In consideration of the sum of Cne 1.0 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 f 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 30 foot strip of ground over Lot 42, Jewelwood Subdivision, 17>5 feet Westerly, and 12.5 feet Easterly of a line described as follows: Hetinning at a point on the North line of said Lot 42, 65 feet West of the Northeast corner of Lot L2; thence Southwesterly to a point on the South line of said Lot 42 that is 100 feet West of the Southeast corner of Lot 42, to its point of termination. ALso, a 7.5 foot strip, of ground, North of and adjacent to the existing 7.5 foot easement that runs the entire width of said Lot 42 and entire width of the East 60 feet of Lot 43, excepting that part lying East of the aforementioned 30-foot easement, all in the southwest quarter of the northeast quarter of Section 352 Township 37 North, Range 2 East., Centre Township, St. Joseph County, Indiana Bp(! ft�Gf7�; EASEMENT AND RIGHT-OF-WAY 177987 In consideration of the sum of 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 outs as may he 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 sae 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 " both sanitary and storm sewer ground embraced within the right-of-way herein- � i after described, which is located within the boundaries of u tract or parcel ' of land situated in the County of 3t. Joseph, State of Indiana, briefly described as follows: \ A 3Ofoot strip of ground over Lot 42,Jewelwood Subdivision, 17.5 feet Westerly and 12°5 feet Eimterlyofuline descrilDedas follows: Beginning at a point on the North Iiuc of said Lot 42` 65 feet West of the Northeast corner of Lot 4-2; tbau*e Southwesterly to a point on the South line of said Lot 42 that in I00 feet West of the Southeast uvrmyr of Lot 42, to its point of termination. ALSO, a 7^5 foot stripof arv,nd, North of and adjacent to the �eximting7.5 foot easement that runs the entire width of said Lot 42 and entire width of the East 60 feet of Lot 43° excepting that part lying East of the aforementioned 30^footv easement, all in the southwest quarter of the northeast quarter of Section 35, Township 37 North, Range 2 'East^ Centre Township, St. Joseph County, Indiana 8 , � 83 ?A���� —,~~~" n� ' �mn rn 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 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 olalxo 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 grunted, 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 Dt:!Iur,u lilt', Ct I'luk'aly FUU1 1�' I., — - — 1— ­11-1 -..- ___­ e personally appeared Andrew S. Place who 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 1974. My commission expires October 10, 1976 Notary Public Sarmite Conrad Prepared by: James A. Roemer, City Attorney. ,a. 793 xzVt gaoK 793 ,AGE478 -77z�2 xD,-9 N fI k: ;Fz2X?,�n Rogisk ... d L..J Surveyor ENGINEERING PLANNING SERVICES INCORPORATED MISHAWAKA SOUTH SEND DRAWN a y SCALE OATE 08 No.