HomeMy WebLinkAbout#912 - Deed; Easement and ROW - From Place & Amt to City of South Bend-permanent right-of-way easement taken off the E end of following described 40.37 acres…. ..... 77'
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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
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� build, maintain, repair, and rebuild roads, streets, highways, r
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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 /
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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, includivg.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 taken off the East end of the
following described 40,37 acres.
8 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 Nest 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 680 feet to the place of
beginning, containing 40.37 acres.
8 permanent right-of-way easement more closely described as follows:
Starting at the Northeast corner of the Northeast quarter of Section 28, Twp, 38
North, Range 2 East; thence due South along the East line of said Section 28* a
distance of 352.62 feet; thence due west 20 feet to the point of beginning; �
thence due South along a line 20 feet West of and parallel to the East line of�
said Section 28° a distance of 2169 feet to a point in the'North right-of-way line
of Boland Drive; thence due West 2U`feet; thence due, North along a line 48
Nest of and parallel to the Eastline of said Section 28 a distance of 2169'feet; thence
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du, East 28 feet to the point of all in the Northeast quarter of-
Section 28, Twp. 38 North, Range 8 East, German Twp., St. Joseph County, Indiana.
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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..
r �n„ It is understood and agreed by the parties hereto, that wherever
in'theforegoing instrument the singular number is used, it will be read
and that wherever words of neuter gender
as p'�,ural, if and when necessary,
to ed they will likewise, apply to the masculine gender, whenever
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the contract requires.
IN WITNESS WHEREOF the parties have hereunto se�6their hands and
i 16 th day of April_, 19M
The 6xyyut?rvirgi hun ro a ci Last 80,OK 81
o ace, ea
By
Ilan e Curry , vice
Attest_: •y Pr ident k Trust offi „ AY pace
1VIQ 13V�jL115nL1 i.-jL viSer
esid'ent & Trust Officer
ST. 30SEPH COUNTY
'STATE OF INDIANA
Before me, a Notary Public, in and for said County and State,
personally appearedplace and J. Henry AMt
. . . . Robert B-
who acknowledged the execution of the above
and foregoing instrument and right-of-way as their free and voluntary76
act and deed this 16th �day of 199&.
expires
er 25, 1978
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ST. JOSEPH COUNTY
) ss-.i
STATE OF INDIANA )
7 Notary Public
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-6f-way to be their voluntary act and deed on behalf of such Bank
this 16thday of April -, 1976. A
,'
(�seph A. Rope , Notary Public
ion Expires-
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Prepared by the City of South Bend, Indiana.