HomeMy WebLinkAbout#908 - Deed; Easement and ROW - From Bessire to City of South Bend-permanent ROW easement - Beginning SE corner of Sec. 28, Twn. 38 N, Range 2 E., German Twn.,S. Shore Railroad Northerly ROW and property line of the Industrial Foundation, IncEASEMENT AND RIGHT-OFwWAY from
Howard D. ssire to City of
South Bend, A permanent right-
of-way easement described as
follows:
(SEE EASEMENT)
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EASEMENT AND RIGHT-OF-WAY
In consideration of the sum of ($1.00)
Dollars cash in band 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
drain,
the hereinafter described land and 9.rade, level, fill, pave,
,na1ntain, 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
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 described as follows: Beginning at
a point 505 feet north of and 40 feet west of the southeast corner of
Section 28, Township 38 North, Range 2 East, German Township, St.
U Joseph County, Indiana, which point is in the common line of the
q South Shore Railroad northerly right-of-way line and the property line
1 of the Industrial Foundation Inc. property; thence northwesterly along
w said northerly Railroad right-of-way line to a point 517 feet north of
, and 46 feet west of the southeast corner of said Section 28; thence
due north along a line 45 feet west of and parallel to the east"line
of said Section 28 a distance of 378 feet; thence due east 5 feet;
,thence due south along a line 40 feet west of and parallel to the east
|/me of sdiU Section 28 a distance of 390 feet to the point of begin-
ning describing a S feet wide east and west and approximately 390 feet
long north and south permanent right-of-way easement, all off of part
of the east end of the following described tract of land.
A tract of land in the Southeast quarter (SE 1/4) of Section 28, Town-
ship 38 North, Range 2 East, German Township, St. Joseph County,
Indiana, Sixty (60) rods in width East and Nest, taken off of and from
the entire width of the East end of the South half of the Southeast
quarter (SE 1/4) of said Section twenty-eight (28) containing thirty
(30) acresr excepting therefrom u tract of land containing one ())
acre described as being at point on the East line of said Section
twenty-eight (28), eight hundred ninety-five (895) feet North of the
Southeast corner of said Section, running thence North on said East �
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line sixteen (16) rods; thence West parallel with the North line of
said Section ten (10) rods; thence South parallel with the East line
of said Section sixteen (16) rods; thence East ten (10) rods to the
place of beginning, and also excepting there -From a tract of land con-
taining six and 39/100ths (6.39) acres, more or less, described as
commencing at the Southeast corner of Section 28; thence S 900 00'
00" West on and along the South line of said Section 28; thence South
900 00' 00" West on and along the South line of said Section 28; said
line being also the centerline of Douglas Road, a distance of nine
hundred ninety (990) feet; thence North 00 10' 55" East a distance
of twenty (20) feet to the North line of Douglas Road and the true''
place of beginning; thence continuing on a bearing of North 00 10'
55" East a distance of six hundred twenty (620) feet; thence North
900 00' 00" East a distance of one hundred forty-seven and 971100ths
(447.97) feet; thence South 00 00' 00" West a distance of six hundred
,twenty �4.2Q 1/4ne Of,,, said Douglas Road; thence..
si th 96"�00' 00" West on and along the North line of said Douglas
Road a distance of four hundred forty-nine and 94/100ths (449.94)
feet to the place of beginning.
Also a temporary construction easement described as being 5 feet wide
East and West all along and adjacent to the West line of the afore -
described permanent easement, all off of part of the Easterly end of
the aforedescribed Industrial Foundation Inc. tract of land.
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 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 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 eir-hands and
t;,,�,
seats this 12+ h day of , 19
7,
ST. JOSEPH COUNTY
SS:
STATE OF INDIANA
Before me, a Notary Public, in and for said County and State,L
'personally appeared Howaxa D- BesslrE
who acknowledged the execution of the above
and foregoing instrument,and right-of-way as his free and voluntary
act and deed this 12th day of 19 7,. �
My commission expires
May 22, 1977
Notary Public
This instrument prepared by the City of South Bend, Indiana.
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