HomeMy WebLinkAbout#880- Deed; Easement and Mutual Covenant - From Cruickshanks to City of South Bend-Commencing at a point in W line of Sec. 31, Twp. 37 N., Range 3 E., 2037.9' S of the NW corner of the NW quarter of Sec. 31, 37 N., Range 3 E., Centre Twp….FF0
EASEMENT AND MUTUAL COVENANT
In consideration of the mutual covenants contained herein, the
undersigned grantors do hereby grant, convey, transfer and deliver
unto the civil City of South Bend, Indiana, and the City does hereby
accept, a permanent easement, including a perpetual right to enter
thereupon -the real estate hereinafter described as necessary for the
purpose of constructing and painting, repairing, installing, replac-
ing and/or renewing any v;ater main, sanitary sevier or storm sewer,
said real estate being situated in the County of St. Joseph, State
of Indiana, briefly described as follows:
Commencing at a point in the West line of Sec. 31,
n,vp. 37 North, Range 3 East, 2,037.9 feet South of
-the Northwest corner of the Northwest One Quarter
(k) of Sec. 31, 37 North, Range 3 East, Centre Twp.,
St. Joseph County, Indiana,
thence; due East a distance of 198 feet to the Point of Be-
ginning which point is also the
South west corner of
Lot
No. 1.3 in Part of Crest Manor
Subdivision, Section
No.
I
-thence;
due
East 7.5 feet,
then( ,e
due
mr
South 150 f� �,t,
thence;
due
West 15 feet,
-thence,
due
North 1.50 feet,
thence,
due
East 7.5 feet to the point
of beginning, alle
11 n
Sec.
31 - Twp. 37 North, Range
1
3 East, Centre T<MTti., ,
St.
Joseph County, Indiana.
<7
The civil City of South Bend covenants to restore any and all
portions of the grantors' real estate and improvements thereon dam-
aged by the City, its agents or other utilities entering pursuant
to this easement to a condition like or better than that which ex-
isted prior to the occurrence of such damage.
04
BOOK 01
BOOK 8if ACE 24
The undersigned grantors hereby state that they are
lawfully seized and possessed of the above said real estate,
that they have a good and lawful right to grant, convey, transfer
and deliver this easement, and that they do warrant and will
forever defend their title in said real estate against all claims
wrongfully adverse to their rightful title.
The undersigned grantors do hereby release the civil
City of South Bend from all claims for damage from whatsoever
cause incidental to the exercise of any of the rights granted
herein, from the beginning of the world until this date.
This easement and mutual covenant shall be effective
only upon proper execution by the undersigned grantors and the
civil City of South Bend, Indiana.
GRANTORS:
Donald Bruce Cruickshank
Shirley Ann Cruickshank
CIVIL CITY OF SOUTH BEND
By: BOARD OF PUBLIC 14ORKS
STATE OF INDIANA
SS:
ST. JOSEPH COUNTY
Before me, the undersigned, a Notary Public in and for said
County and State,personally appeared: DONALD BRUCE CRUICKSHANK, and
acknowledged the execution of -the foregoing Easement and Mutual Covenant.
In witness whereof, I have hereunto subs name and affixed my
,ofial seal, this �_day of
f bed my
i6
W, 19
rf ssion Expires:
Notary Pubj
WIN,
-2-
/G
STATE OF INDIANA
SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for said
County and State, personally appeared: SHIRLEY ANN CRUICKSHANK, and
acknowledged the execution of the foregoing Easement and Mutual Covenant.
In witness whereof, I have hereunto subscribed my name and affixed my
v
official seal this / day of $_) , 197,5
My Commission Expires:
Nota Public
d�xri� f�
My
9
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for said
County and State, personally appeared: The Civil City of South Bend by
R.E. Farrand J.V. Barcome J.R. Seitz, its duly authorized agent in regard
to all matters herein concerned, and acknowledged the execution of the
foregoing Easement and Mutual Covenant. In witness whereof, I have
hereunto subscribed my name and affixed my official seal, thLs-
15th
P Y �-
day of December 1975 ✓"
My Commission Expires:
January 22, 1979 David A. Wells No't x r "PARPLic
t,
k F
/, a
Prepared by: Rett F. Donnelly of the law firm of PATRICK, ANDERSON
AND McDONALD, Suite 2310, American National Bank Bldg.,
South Bend, Indiana, 46601 (A/C 219-234-6066).
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