HomeMy WebLinkAbout#822 - Deed; easement and ROW - From Tuckers-Northwest corner Bendix & LathropEASEMENT AND RIGHT-OF-WAY
In consideration of the sum of $1.00 and other considerations
' 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 /
ad land and grade, level, fill drain, e
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 construction, 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-
' ofter 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 tract of land in the S.E. 1/4, Section 28, T38N, R2E,
German Township, St. Joseph County, Indiana; described as:
�
Beginning at the S.E. corner of said Section 28; thence �
westerly on and along the south line of said Seotion28,
said line also being the centerline of Lathrop Street,
a distance of 540,00 feet; thence u distance
of 20.00 feet to the true place of beginning, said point '
also being on the existing North right-of-way of Lathrop
thence S 90"00'00" W a distance of 449,94 feet,
thence N `"10156" E a distance of 20.00 feat; thence
N 90'00^00" E a distance of 449.88 feet; thence S
��....... .. �� .��_ __ _, .� "� t..4- 4— 4�. .l — "-F
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 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
IN WITNESS WHEREOF the parties have hereunto set their hands and
seals this 8,h day of August 1974.
STATE OF INDIANA , ST . JO5EPH COUNTY, SS:
Before me, a Notary Public, in and for
said County and State personally appeared
Leonard F. Tucker and Leonard R. �4!
�ard�°�rl�uc sr, artner
Tucker, P;alttners,,', Who acknowledged
execut9� n P h' c"ab,6Vo and foregoingfir/
instrui ie tkais; £3E :c1mY, q'ogu�t 1�74' onard R. Tucker, Partner
be said easement and right-of-way unto the
dianu, and unto its successors and assigns
k .~. b, ,""pnnn+ with ,he Civil City of
mm u� »m." °""^",= ,.^~J .~.~~— .��— _- ~
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 frmn 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 singularnumberis 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
IN WITNESS WHEREOF the parties have hereunto set their hands and
seals this doy of ^ 1974'
STATE OF INDIANA,8T. JOSEP8COUNTY° 88:
Before me, a Notary Public, in and for
I
4ZSG6I
�
F/F_ PARTIAL MORTGAGE RELEASE
FOR VALUE RECEIVED, the St. Joseph Bank and Trust Companyr),So�th,,,B
Indiana, hereby releases from the operation of a mortgage executed by-jLedna"�,'d"'Fl. E � � '
Tucker and Leonard R. Tucker, partners, doing business as Tucker Reai" ny,
dated April 15, 1971 and recorded April 15, 1971 in Mortgage Record 1023 Page
273, of the records of St. Joseph County, State of Indiana, the following described
real estate, to -wit:
& tract of land in the S.E. �4, Section 28, T38N' R2E` German Township,
S1. Joseph County, Indiana; described as:
Beginning at the S.E. corner of said Section 28; thence westerly
on and along the south line of said Section 2"), said line also
being the centerline f Lathrop Street, a distance of 5400O feet'
0 f beginning, said point also being on the existing North right
of -way of Lathrop !Street; thence S 90 00'00" W a distance of 449.94
20.00 feet to the place of beginning; said tract contains 0.21 acre,
more or less.
It should be understood, however, that this is a partial release only
anoperates erxtes to release from said mortgage the foregoing described real estate only,
d that the said mortgage is to remain in full force and effect as to the remainder
of the real estate therein.
IN WITNESS WHEREOF,the said St. Joseph Bank and Trust Company, South Bend
Indiana an Indiana Corporation, has caused its corporate name to be signed and its President
seal affixed and attested by its duly authorized officer Joel D. Gruber,
and David Haber Assistant Cashier, this 7th day of /Au £Lt, 1974.
3T. JOSEPH BANK AND TRUST COMPANY,
^» ~ SOUTH BEND, \NoIAw&
Joel D. Gruber, vice-Preside-iM
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STATE OF INDIANA rn ~�J
SS:
COUNTY OF ST. JOSEPH )
Before me the undersigned, a Notary Public in and for said County and Statethis 7th
day of August 1974 personally appeared the within named Joel
D. Gruber— ice-Pres-fdent and David Haber, Assistant Cashier of the St�. Joseph R21'
that respectively signed t6e-curHporate mume and affixed and attested the corporate
seal of the said corporation to the foregoing instrument for and on behalf of said
corporation, as its voluntary act and deed, for the uses and purposes therein men-
tiuned.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed ,
official,seal.
Marqy- "Pec WNory —Public
my commission expires: November 9, 1977
This instrument prepared by: � Joel �