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Home My WebLink About#913 - Deed; Easement and ROW - From Place & Amt to City of South Bend-permanent right-of-way easement 20 & 25' wide, E&W, and 1101' long N & S, Described as (see easement)BO( A Z I R E C 0 k 0 R D 1�� i i o 9 BOG�`� s T E rl A Z I R E C 0 k U 1, yED � Romn'E.r==um,P.E. Director, Public Works r e�^ = � ~ ` CITY Of SOUTH BEND - Reply To: ` Department of Public Works ---M6y-2l, 1976 ` Mr. Roper, Esq. First Bank Building South Bend" Indiana Dear Mr. Roper: Enclosed please find copies of three (3) right-of-way agreements affecting the Place properties on 8endix Drive and as~they were -recurded, Thank you once again for your cooperation and expeditious handling of this matter. Very/tr'Uly yours, - --- David A. Wells, P.E. -Manager Bureau of Design & Administration DAW/mkm Enclosures ——---'-- ---- et '- es--f-the-northe°s+corn;r of ihe Southeast 1/4 of said Section 28; thence, due West a distance of 48 feet; thence, in a northeasterly direction a distance of 172 feet to a point 168 feet North of and lO feet West of the point of beginning; thence, due North along a line 55 feat West of and para- llel to the Euyt, line of said Section 28 u distance of 260 feet; thence in a Northeasterly uirect/on a oisrance ur /oU,/o rcer no and 5 feet East of the point of b�ginning; thence d feet along a line 40 feet West of and parallel to th thence due West a distance of S feet: thence due So along a line 46 feet West of and parallel to the Eas to the point of beginning, all taken off of the East � � In consideration of the sum of Dollars cash in hand 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 upon the hereinafter described land and grade, level, fill, drain, pave, build, maintain, repair, and rebuild roads, streets, highways, together « with , culverts, �m�, 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 u 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 20 and 26 feet wide East and Nest and 1101 feet long North and South, more closely described as follows: Starting at the Northeast corner of the Southeast 1/4 of Sec. 28-38N-R2E^ German Twp., St. Joseph County; thence, due South along the East line of said Sec- 28 a distance of 177 feet; thence, due Uest a distance of 20 feet to the true 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 1101 feet; thence due West a distance of 25 feet; thence, due North along u line 45 feet Nest of and parallel to the East line of said Section 28, a distance of 419 feet; thence, due East a distance of 5 feet: thence, due North along a line 40 feet West of and parallel to the East line of said Section 28, m distance of 682 feet; thence due East a distance of 20 feat to the true point of beginning. Also a temporary construction ea�emcnt described as follows: Beginning at a point 1277,8 feet South of and 45 feet West of the Northeast corner of the Southeast 1/4 of said tion 28; thence due Uest a distance of 48 feet; thence, in a northeasterly direction tj » u distanceof 172 feet to a point 168 feet North of and lU feet Nest of point of beginning; thence due North along a line 55 feet West of and para- tmelnthe East lie of said Section 28 u distance of 250 feet; thence in a Northeasterly direction a distance of 150.75 feet to a point 568 feet North of and 5 feet East of the point of be ' ginning; thence due South a distance of 150 feet along a line 40 feet West of and parallel to the East line of said Section 28; thence due West a distance of 5 feet; thence due South a distance of 419 feet along a line 45 feet Ilest of and parallel to the East line of said Section 28 to the point of beginning, all taken off of the 'Easterly pm""" of Boa 816 -�� ' � �� .2 describedtract to wit: 80QK A tract of land beginning at the Northeast corner of the Southeast Quarter of Sectionr.28,'Township 38 North, 'Range 2 East; thence South along the East line of the.Southeast Quarter of Section 28, 1277.8 feet; thence South 890 o West 9900"feet; thence North o° 30" West 1285.5 feet to the North line of ;said Southeast Quarter of Section 28; thence East alonq the North line of containing',29.02 acres. Out of the above property there was conveyed to Indiana and Michigan the following described property: Place of commencing is the Northeast corner of the Southeast Quarter of Section 28, Township 38 North, Range East of the Second Principal Meridian, St. Joseph County, State of Indiana; thence South no degree 03 Minutes East 177.00 feet; thence West 983.53 feet; thence North no degree 17 minutes 10 seconds East 177.00 feet; thence East 322.50 feet; thence North no degrees 03 minutes West•65.00 feet; thence East 660.00 feet; thence South no degrees 03 minutes East 65.00 feet to the place of commencing. Containing 4.98 acres. Subject to right-of-way of Maple Road, 138 K.V. Tower Line and St. Joseph County zoning. 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 he ,contract requires. IN WITNESS WHEREOF the parties have hereunto set their hands and 76 seals this 16 th day of _ April 1913 .; The St. Jos pTh Banck'ee& T ust Comm tatn , as Mmut?r'Vir ilr . t lac ed� ro He� Last By✓�.l[.. i�� i Dana e1 T,: C'ura-v. a n rt t rr" r C; .n ST. JOSEPH COUNTY) :a°ra SS : STATE OF INDIANA cr r� 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 19 A. My commission expires November 25, 1978 ..-� Notary Public 14oseph A. Roper r ST. JOSEPH COUNTY ) > SS: STATE OF INDIANA ) 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 righty-f-way to be their voluntary act and deed on behalf of such Bank this 16th day of April , 1976. Joseph A. 12 p r, Notary Public My Commis.$ion Expires: November, 25, 1978 Prepareds;by the City Of, South Bend Indiana. 7 H„ i