HomeMy WebLinkAbout#898- Deed; Easement and ROW - From Lueneburgs to City of South Bend-permanent right-of-way easement for roadway and a temp. easement for clearing and grading from the N and E sides of the following tract of landReturft to.
EAS",*.MENT AND RIGHT-OF-WAY
157542
In consideration of the sum of ---- One
Dollars cash in hand paid" receipt NhereoF
SKERI|
R
�
hereby
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 ` '
build, maintain, repair, and rebuild roads, streets, highways, together
with such bridges, culverts, ramps$ and c6ts 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 I real estate hereinafter described, at any
time that it may see fit, for the purpose of constructing, maintaining and
repairing, installing -and renewingany 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 right-o�-way easement for roadway'and a
temporary easement for clearing and grading from the North and East sides of
the following described tract of lan�, to wit; Beginning at the North East
corner df the South East quarter of Section 30, Twp. 37 North Range 3 East;
thence West along the North line of the said South East quarter a distance of
392.46 feet more or less; thence due South a distance of 367.� feet; thence
.due East a distance of 190.04 feet; thence due North 177 feet, thence due East
200 feet to the East line of said Section 3U; thence due'North along the East
Rdturn4 to: David A. Wells, City Engineering, Ext. M-9251
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ST. JOr: PH CO.
�ND!ANA
EASEMENT AND RIGHT OE-WA1' EILw�� �"'0 , RECORD
157542 Nau 27 i ( 35 A'73
In consideration of the sum of One PAGE
ASKERl
Dollars cash in hand paid, receipt whereoREiCsORGER
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
With such bridges, culverts, ramps, and cats 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 renewingdlany 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 serer 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 right-of-way easement for roadway and a
temporary easement for clearing and grading ,from the North and East sides of
the following described tract of land, to wit; Beginning.. at the North East
corner of the South East quarter of Section 30, Twp. 37 North Range 3`East;
thence West along the North line of the said South East quarter a distance ofi
392.46 feet more or less; thence due South a distance of 367.9 feet; thence
due East a distance of 190.04 feet; thence due North 177 feet; thence due East
200 feet to the East line of said Section 30; thence due`North along the East
line of said Section 30 a distance of 190 feet to the place of beginning, all
in the North East quarter of the South East quarter: of Section 30. Two. 37
.i_- L - _
Also a permanent right-of-way 'easement along Ironwood Road located as
follows;� the West 20 feet of the East 40 feet off of the East end of
the same above described tract of land.
The temporary easement above granted is granted for a period
of one /I\ year from the data hereof, after which time it shall
terminateand be of no f urtber forcn and ef faot
permanent J3.
Jl�ght?'of-way unto the
To have and to hold the said/easement and
I Civil city of South Bend, Indiana, and unto its successors and assigns
f orever.
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 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 plurml, 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 w/Tnsss uxsncor the parties have hereunto set their hands and
seals this 31st day of October 1973.
ohl A.
ueoty . Lueomburg
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+.v�`p�c 17
ST. JOSEPH COUNTY)
STATE OF INDIANA ) SS:
Before me, a notary Public, in and for said County and State,'
personally appeared Lg,and Betty R. Lueneburg, 53282 Crestview Drive„_
k'
South Band Indiana r'
G
who acknowledged the execution of the above
and foregoing instrument and right-of-way as their free and voluntary
act and deed this 31st day of October 1973.
Mprrms"s7oW,Expires:
Af
1277
r �fi114P���.�C7y
G. Burt Ford
Notary Public
This instrument prepared by: James Roemer, Attorn
I
11"N'
i,�, of Section30, Twp. 37 orth Range 3 East Centre Twp., S
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mn
Novi 1 11 73