The URL can be used to link to this page

Home My WebLink About#911 - Deed; Easement and ROW - Starting at the NE corner of Sec. 28, Twp. 38 N., Range 2 E., German Twp; then due W along N line of Sec. 28 180'; then S 20' to the true point of Beginningp p q r t cash �n �� paid, receipt 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 upon the hereinafter ^ described land and grade, level, fill, drain, pave, ^ build, maintain, repair, and rebuild roads, streets, highways, together with such bridges, culverts, ramps, and outs 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 ^t ' time that it may see fit, for the purpose of constructing, maintaining and � repairing, installing and renewing any water, sewer` and other utility 1 with l street purpoyey facilities, whether used in conjunction general " or for the sole purpose of constructing, maintaining, installing, repairing, and replacing and/or renewing such sewer or other facilities for all purposes ` including b t nnt way of limitation drainage structures for whatsoever, u by , 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 n��ri��e��td�oi�d��llma. Starting at r~ f Section 28 Twp �8 North Range 2 East German the Northeast corner n ec , . , Twp St Joseph County, Indiana; then' due Vest along the North line of ^" ^ � '- — �h d south 2O feet to the said Section 28 a distance of 180 ��; thence �ja�0 ��t �u� of a� < i thence due West along a line true point of beginning; ce . ^" ."-^ ~~_ ~. and parallel to the Northline of said Section 28'a distance of 480 feet; thence to due South 20 feet; thence due East along a line 40 feet South of and parallel a distance of 21.54 feet to the true point of beginning, also a temporary construction easement described as follows. Starting at the Northeast corner of said Section 28; thence due South along the East line of said Section 28 a distance of 40*feet; thence due West a distance of 172 feet along a line 40 feet South of and parallel to the Morth line of said Section 28 to the true point of beginning; thence further due West along a line 40 feet South of and parallel to the North line of said Section 28 a distance of 91.15 feet; thence in a southeasterly direction a distance of 124 feet more or less to a point 143 feet West of and 73 feet South of the Northeast corner of said Section 28; thence in a Northwesterly direction a distance of 45 feet more or less to the point of beginning taken off of the North end of the following described 40.37 acres. A tract of land beginning at the Northeast corner of the Northeast quarter of Section 28, Township 38 North, Range 2 East; thence South along the East line of said Northeast quarter of Section 28, 2666.0 feet,to the South line of said Northeast quarter; thence West along said South line 660.0 feet; thence North and parallel to the East line of said Northeast quarter 2663.0 feet to' the North line of said Northeast quarter; thence East 660,feet to the�l eginning,,contai-ning 40.37 acres,,611 in the Northeast one quarter 38,Horth, Range 2 East, the North line of said Section 28 a distance of 488 feet; thence northwesterly County ana. � Ile OK o�cx � � �� nE �� ~ M� / rZ, / �-, �:� | ' ` ` 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 afone'descr1bw6 tract or parcel of land; that they have m 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 pusmwnuiun 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 / W herein granted, from the beginning of the world until this date, � It Is understood and agreed by the parties hereto that wherever� /[ .in ihe'foregoing instrument the singular number is used, it will be read "as"plur 1.'Jf and when / / ,- necessary, and that wherever words of neuter gender � will likewise apply to the masculine gender, whenever / , / 44'` tma res. IN WITNESS WHEREOF the parties have hereunto set their hands and 1 �76 ,e~'^ this he St. Joseph Ban 4-1 st Co � VirgilBy o �ooiu ^- Henry amc President a zruat Officer ratr'� r Ja r 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 ihe`foregoing instrument the singular number is used, it will be read pl�rr`41I"'if and when necessary, and that wherever words of neuter gender aeinpwloyed, they will likewise apply to the masculine gender, whenever tti,on,r ct requires. s IN WITNESS WHEREOF the parties have hereunto set their hands and 76 seals this day of a -1 lg, he St. Jaseeph BanT ust Camp n�1als x ut r ana Trustee un er pro RUX 'Las g o Virgil Place, decea d BY Att t:J widen & Trust Offic David Hasins i,, Sr, vice .�e Her President & Trust officer, ST. JOSEPH COUNTY "S: STATE OF INDIANA Before me, a Notary Public, in and for said County and State, personally appeared Robert B. Place and J. Henry Amt who acknowledged the execution of the above and foregoing instrument and right-of-way as their free and voluntary 76 act and deed this 16th day of April expires : er 25, 1978 ST. JOSEPh COUNTY ) SS: STATE OF INDIANA ) T 4 Notary Pub is Joseph A. Roper Before me, a Notary Public, in and for said County and State, personally appeared Daniel L-'Curry and David Hosinski, respectively Vice President and Trust Officer and Sr. Vice President and Trust Officer of the St. Joseph Bank & Trust Company, as Executor and Trustee under the probated Last Will of Virgil A. Place, deceased, and each acknowledged the execution of the above and foregoing instrument and Right -of -Way to be their voluntary act and deed on behalf of such Bank this 16th, day of April 1976. -7 ilseph A. Roper, Notary Pu6lib My,, C,ommi,s,sion Expires: N&vembe,r�, 2,5, 1978 BOOK Pr4-.nnrP.d hv bh e Cj'by of n—A fir 1*p