HomeMy WebLinkAbout#881- Deed; Easement and Mutual Covenant - From Nemeths to City of South Bend-commencing 1917.9' S of the NW corner of the NW quarter of Sec. 31, Twp. 37 N., Range 3 E...corner of the N.W. 4 of Sec. 31,
Twp. 37N., Range 3 E. ; thence;
E. 198' to the N.W. corner of Lot
13 in Greet manor Subdivision Sec.
1, to the paint of beginning, thence,
S . 120' along the W. property line'
of said Lot 13 to the S.W. corner of
said Lot 13, thence; W. 7.5' , thence
N. 1 0' thence., E. 7.5' to the
point of beginning, all in Section
31, Twp. 37 N., range 3 E.
gA,SE,,M,D1T AND NLU.IUAL CQVEN.7 NT
En consideration of the mutual covenants contained herein,
3ersigned grantors do hereby qr'ant, convey, transfer and de-
liver unto the civil city op South Bend, Indiana, and the City does
hereby accept, a permanent casement, including a perpetual right to
enter thereupon the real estate hereinafter described as necessary
for the purpose of constructing and painting, repairing, installing,
replacing and/or renewing any water main, sanitary sewer or storm
sewer, said real estate being situated in -the county of St. Joseph,
State of Indiana, briefly described as follows:
commencing 191-7.9 feet South of the No).-thl,7est
corner of the Northwest one quarter (1/4) of
Section 31, Tv7p. 37 North, Range 3 East;
thence; due East 198 feet to -the Nort-hAiest corner of
Lot 13 in Crest 14inor Subdivision Section One
to the point of 'ber,,itnning;
thence; due South 120 feet 7,10rIg the West property line,,,
of said Lot 13 Lo the Southwest corner of said n,,,r,g , ,
Lot 13;
thence,- due West 7.5 'ieet;
thence; due Forth 120 feet;
thence; due East 7.5 feet to the point of beginning, . ......
all in Section 31, Twp. 37 North, Range 3 East,
Centre 'N7p., St. Jose County, Indiana.
The civil City of South Bend covenants to restore ally and
all portions of the grantors' real estate and improvements there-
on damaged by the City, its agents or other utilities entering pur-
suant to this easement to a condition like or better than that which
existed prior to the occurrence of such damage.
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:
Walter J./Nemeth
Donna B. Nemeth
CIVIL CITY OF SOUTH BEND
By: Board Of Public 1,yorks
STATE OF INDIANA
SS:
ST. JOSEPH COUNTY )
Before rne, the undersigned, a Notary Public in and for
said County and State, personally appeared: WALTER J. NEMETH, and
acknowledged the execution of the foregoing Easement and Mutual
Covenants. In witness whereof, I have hereunto,,subsc 1\ ribed My name
and affixed my official seal, this
'day of,,
197
My Commission Expires:
27
Notar�V Vublic
Re
-2-
X
DIANA
COUNTY
SS: BOOK 811 ;�'aE �8
Before me, the undersigned, a Notary Public in and for
said County and State, personally appeared: DONNA B. NEMETH, 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, this day of 197 -'�-
My Commission Expires: Z
Notar7 lic
ke -114 F'.
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
RI E.",Farrand, J.V. Barcome, J.R. Seitz, its duly authorized agent in
regard to all matters herein concerned, andacknowledged the execution
of the foregoing Easement and Mutual Covenant. In witness whereof, I
have hereunto subscribed my name and affixed my official seal, this
-15th day of December 1975
My Commission Expires: ---------
January 22, 1979 David A. Wells Notary public
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.
-3-
4� v