HomeMy WebLinkAbout#834- Deed; Easement and ROW - From Pasalich to City of South Bend-15' permanent utility easement regarding the Fellows-Widener Lane Sanitary Sewer`
/ In consideration of the sum of One ($l.00)
Dollars cash i:n 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, rumps° 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 permanent utility easement lS' feet wide measured north
and south and 81.7 feet long measured east and west taken
off of and from the entire south end of the following
described parcel of land: To wit,
Beginning 66.3' feet west of the north east corner of the
south west 1/4 (One Quarter) of Section 25, Tmp. 37 North,
Range 2 East,
Bo oK 803 534
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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 m 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
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seals this day of , 1970�6_
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3T. JO3EPH COUNTY
> SS:
STATE OF 114DIANA
Before me, a Notary Public, in and for said County and State,
personally appeared Melvin and Mildred Pasalich 504 E. Ireland Road
South Bend, Indiana 46614
, who acknowledged the execution of the above
d foregoing instrument and right-of-way as their free and voluntary
act and deed this 14th day Of uly, 1975
My commission expires
Notary Public
David A. Wells
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| This instrument prepared by: James A. Roemer, City Attorney, /
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(r CY (7-1 '10/
7 -t7 CY--
thence:
thence:
thence:
cue west 61./' Teel,
due north 219.95' feet,
due east 81.71 feet to the point of beginning all in Centre
Twp,., St. Joseph County, Indiana.
Also an additional temporary construction easement 15' wide
mpAqijrpd north and south. north of and immediately adjacent
:el rof land.
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MAIL TAX BILLS TO;
MAIL DEED 'M
OAR A95tlGIAYION
PROPC,yy
AUDITOR'S RECORD
Transfer No. I--
'r"ing Unit ---
Dute —
,,a a municipal corporation)
CIVIL CITY OF SOUTH BEND,
the Grantor
Release and (Quit -Claim to EDMUND GAPINsKI and HELEN GAPINSKI
the Grantee d and valuable conslder�
for and in,'-
consideration of one Dollar ($1. 00 ) and other f1OO St. Joseph ("OulItY,
t of which is hereby acknowledged, Real Estate ill described as follows:
the reecliP Indiana
in the State Of
Lot 1jumbered T,.,renty-one (21) Of
Is First Addition to the C'" Of
r,orsucll icnolvin as 816
South Bend, more commonly
Pulaski.
Subject to all taxes, conditions and
easements that are found of record.
10
April
Signed and dated on
INDIANA 1 S . JOSEPH County, 55'
State of ---
Before niel the undersigaed, a Notary Public ill and for said County
and State, Personally appeared: K -
PETER GAMMON
T11 and IRENr'
J. Nr�,MZ Mayor and CVGY
1�cnovrn to me to be the the Civil
clerk, respectively, Of municipal
City Of South Bend, a
corporation of the State of Indiana,
and acluzoailedged the execution of the foregoing deed on
April 19 79
Notary Public
county
0
—it tiara J. se o
S.Ve<T 13yerS
Bar
February 10i 1�-980
my commission expires
Neme"fh Mayor
Peter J.
mon C;LJ�V 3
_
Irene 'K. 0amattestor
i,,printed fill""
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Prepared by
rrncY.-1 Law