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HomeMy WebLinkAbout#835- Deed; easement and ROW- From Pasalich to City of South Bend-15' permanent utility easement regarding the Fellows-Widener Lane Sanitary SewerIN7 EASEMENT ANDRIGHT-OF-WAY from GaryJames Fasali % to City of South Bend, a 1 ' permanent utility easement regarding the Fellows -Widener Lane Sanitary Sewer. I ON ,��*q< �ry ,r, ;ir a, i,. ,nr MN EASEMENT AND RIGHT-OF-WAY191Z311 In consideration of the sum of _ p, � g1.00) _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,,,falldrain,,,,,{� 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 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 15' 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 15.4 feet east of the north east corner of the south west 1/4 (One Quarter) of Section 25 Twp. 37 North, Range 2 East thence: due south 219.95'feet thence: due west 81.7'feet thence: due north 219.95' feet thence: due east 81.7' feet to the point of beginning all in Centre Twp., St. Joseph County, Indiana. Also an additional temporary construction easement 15' wide measured north and south, north of and immediately adjacent to the above described permanent easement, also off of the aforedescribed parcel of land. BOOK 8) naK 833 , ALE 533 _z- 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 clam 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 �'f 19+ -6 seals this day of r A, qoju'� ao'a a. �rwiivulUllNwrsr�rrh�/'W'a'ia'' STATE OF INDIAIIA ) Before me, a Hatary Iukl ic, in and for, said County and State, personally,appearerl Gary J,azes Pasil stir 7. East Ireland 'R©ad South Bend, Indiana 46614 who acknowledged the execution of the above and foregoing instrument and right-of-way as his _--free and voluntary act and deed this 14th day of Ju1�, 1975._ My commission expires Jan 22 1979 ,. Notary Public DavidA, Wells This instrument prepared by: James A. Roemer, City Attorney. rnence; uue west 0.7'feet thence: due north 219.951 feet due east 87.7' feet to the point of b,eginning all in Centre ' t G 9,t 4 N rj (,�,. ,� i� i ..:� �4'V"t � �,. �� ti yk�<�. � �7'.� i; a