HomeMy WebLinkAbout#909 - Deed; Easement and ROW- From Bessire to City of South Bend-permanent right-of-way easement described as SE corner Sec. 28, Twn. 38 N., Range 2 E., German Twp........ ... . ... ......... . -111",
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EASEMENT AND RIGHT-OF-WAY 2139910,
lmconsideration ofthe
Dollars cash in hand paid,� receipt~ whereof is
,hereby acknowledged, the undersi'gnied 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
_ upon theherei1naf ter des cri bed, I and and grade, level , fi I I, drain,
�
build, maintain, 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
Untk 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 1159 feet north of and 40 feet west of the southeast corner of
Section 28, Township 38 North, Range 2 East, German Township, St. Joseph '
County, Indiana; thence due west 5 feet; thence due north along a line
45 feet west of and parallel to the east line of said Section 28, a dis-
tance of 222 feet; thence due east a distance of 5 feet to a point 40 �
feet west of the east line of said Section 28; thence due south along a '
''''~ `' '"=` west of and parallel to the east line of said Section 28
a distance of 222 feet to the point of beginningall in German Town-
ship, St. Joseph County, Indiana. Also, a temporary construction ease-
ment described as follows: Beginning at a point 1159 feet north of and
45 _feet ___ of __ southeast_~ ^,.,~. of'Section 2" .=°"°"^' 38 North
,
Range 2
3'
-2-
.aken off of part of the east end of the following described
and to -wit:
A tract of land in the SoutSt. heast q,uarter (SE1/4) of Section 28, T 38
N, R 2 E, German Townshquarter
Indiana, Sixty (60) rods
in width East and West, 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) acres, excepting
therefrom a tract of land containing one (1) acre described as begin-
ning at a 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 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 therefrom a tract of land containing 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" W on and along the south
line of said Section 28, said line being also the centerline of
Dolas Road, a distance of nine hundred nineth (990) feet, thence
N 0 10' 55" E 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 N Do 10' 55" E a distance of six hundred twenty (620) feet;
thence N 900 00' 00" E a distance of four hundred forty-seven and
97/100ths (447.97) feet; thence S 000 00' 00" W a distance of six
hundred twenty (620) feet to the north line of said Douglas Road; thence
S 900 00' 00" W on and along the north line of said Douglas Road a dis-
tance of four hundred forty-nine and 94/100ths (449.94) feet to the
place of beginning.
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 claim 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 their hands and
seals this 1 2th day of April
ST. JOSEPH COUNTY SS:
STATE OF INDIANA
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6 E 96
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Before me, a Notary Public, in and for said County and State,
personally appeared Howard D. Bessire
who acknowledged the execution of the above
and foregoing instrument and right-of-way as hi_,, free and'voluntary
act and deed this 12th day of April 9 197X.;
My commission expires
May 22, 1977
This instrument prepared by the City of South Bend, Indiana.
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