HomeMy WebLinkAbout#897- Deed; Easement and ROW - From Lueneburgs to City of South Bend- a 30' strip of land in the NE quarter Sec. 30, Twp. 37 N, Range 3 E, for the construction, repair, and maintenance of a 30in storm sewer…ORD
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City Engineering Ext 284-9251
EASEMENT AND RIGHT-OF-W
157543
In consideration of the sum of _- 07-1�-C
Dollars cash in hand paidp(grxeipt whWe6f is
hereby acknowledged, the undersigned hereby grant, bargainjj$M� Unvey,
trans:fer, deliver unto the Civil City of S.outh Bend, a permanent easement
and right of way, for the following purposes namely: The right/to enter ;rZ) S70xm
upon the hereinafter described land and grade, level, fill, drain, pave,
build, maintain, repair, and rebuild roads, streets, together
with such bridges, culverts, ramps, and cuts as may be necessary, on, �
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over, and across the ground embraced with the right-of-way hereinafter _u
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described, further a permanent easement and right-of-way, including the �
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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 construction, maintaining, installing, repairing, �
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and replacing and/or renewing such sewer or other facilities for all purposes
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whatsoever, including but not by way of limitation, drainage structures for /
both sanitary and storm sewer ground embraced within the right-of-way herein- e
af�er described, which �s located within the boundaries of a tract or parcel �
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of land situated in the County of St, Joseph, State of Indiana, briefly
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described as follows: /
� A 30 foot strip of land in the northeast 1/4, Sec- 30, Twp. 37.
^ North, Range 3 East for the construction, repair and maintenance �
of a 30" storm sewer, said 38 foot strip being 15 feet either side �
` of a line described as follows: ^
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Commencing at a point 40 feat north and 685.37 feet west of the ,
` southeast corner of said northeast 1/4, said point being on the ^
' north line of Ireland Road, 15 feet,eaat of the southwest corner
�of that tract of land described in Deed Record Book 766, Page 433; '
' thence north parallel with the east line of said northeast 1/4 a distance c�
/ of 398.00 feet; ^
^ ` thence east parallel with the south line of.said
d oortheast l/4, a �
of 175.00 feet; '^`�
' thence northeasterly a line deflecting 4 ^OO' left with 'respect to the �
aforesaid line, a distance of 25 feet, more or less to an east line �
'- of said described tract, said point being the point of termination
for said easement.
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To have and to hold the said easement and right-of-way unto the
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Civil' City of South Bend, Indiana, and unto its successors and assigns
forever. ;
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And the said Grantors hereby covenant with the Civil City of
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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-
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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
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thereto against the lawful claim of all,persons whomsoever.
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And as a further consideration for the payment of the purchase'
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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 wards of neuter gender
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are employed, they will likewise apply to the masculine gender, whenever
the contract requires.
IN FITNESS WHE C1F the parties have hereunto set their hands and
seals this �-- day of 1973.
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(� Illv -3-
ST. JOSEPH COUNTY
SS:
STATE OF INDIANA
Before me, a notary Public, in and for said County and State,
personally appeared Nohl A. and Betty R. Lueneburg, 53282 Crestview Driv
South Bend, Indiana . who acknowledged the executioi
of the above and foregoing instrument and right-of-way as
free and voluntary act and deed this — *3 / d-T, day of 0 C%7-0 d3d-W
1973.
P
n Expires:
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Notary Public FD,
This instrument prepared by: James Roemer, Attorney at Law
BOOK.
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