HomeMy WebLinkAbout#915 - Deed; Easement and ROW - From Bakers Services, Inc. to City of South Bend-All that part of 30 acres of land taken from the eintire E side of the W half of the SE quarter of Sec. 21, Twp. 38 N.,Range 2 E., lying S of the Indiana E-W Toll RoadZALIN
EASEMENT AND RIGHT-OF-WAY from
International Bakers Services,
Inc. to City of South Bend, A
permanent right-of-way easement
and a temporary construction ease-
ment taken off of the S. end of
the following described tract of
land. All of that part of 30 acres
of land taken off of and from the
entire E. side of the W. half of the
S.E. 4 of Sec. No, 21, Twn. No. 38
N, Range No. 2 E., lying S. of the
Tndian,a E/W Toll Road.
(SEE EASEMENT)
.. .. .... ..
iL
CA RS E 0 , D i,
XED
EASEMENT AND RIGHT-OF-WAY
In consideration of the sum of One ( $1.00) -----------
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 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 and a temporary construction easement
taken off of the South end of the following described tract of land. All of
that part of 30 acres of land taken off of and from the entire East side of
the West half of the Southeast quarter of Section No. 21, Township No. 38
'North, Range No. 2 East, lying South of the Indiana East-West Toll Road.
A permanent right-of-way easement described as follows. Beginning at
the Southwest corner of the aforedescribed 30 acres which point is in the
South Line of Section 21, Twp. 38ti-Range 2E; thence due north a distance of
20 feet; thence due East along a line 20 feet North of and parallel to the
South line of said Section 21, a distance of 493 feet more or less to the East
property line of aforedescribed 30 acres; thence due North a distance of 20
feet along said East property line; thence due West along a line 40 feet North
of and parallel to the South line of said Section 21, a distance of 493;
thence due South along the west property line of said 30 acres, a distance of 20
feet to point of beginning. Also a temdorary construction easement for
reconstructing a drive entrance descr% d as follows: Beginning at a point
300 feet East and 40 feet North of the Southwest corner of the aforedescribed
30 acres; thence North 20 feet; thence East 25 feet; thence South 20 feet;
thence West 25 feet to the point of beginning, all in the Southeast One Quarter
(1/4) of Section 21, Twp. 3811-Range�U , German Twp., St. Joseph County, Indiana.
the
ir
- -iie reconstructingnOftsaidpdrivepentrance oorrluponn
December 31, 1977, whichever, shall first occur.
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 their hands and
seals this 19 th day of April 6.
INTERNATIONAL B
By William E. Bx
?
CORPORATE CERTIFICATION pp
BOOK 816
I , L.M. Busse certify that I am Secretary of
the Corporation executing this Easement and Right-of-way agreement:
'MaT —P---dent - of said Corporation;
half of the Corporati—on—was —tF�nrest
._ ----b
that said agreement was duly signed for and on -eFa7T of said Corporation
by authority of its governing body, and is within the scope of corporate
powers:
/Lz
Secretary L.M. Busse
STATE OF INDIANA )
)SS:
ST. JOSEPH COUNTY )
Before me, a Notary Public in and for the aforesLaiMd County and State
personally appeared William E.Busse and .. Busse
known to be President and Secretary respective �yo
In erna Bona , a ers Services Inc.
euzled di e e e u of t e a ove
'w'Fo olnTeTa t of saVT650
and foregoing instrument to be its voluntary act and deed.
Witness my hand and Notarial Seal this 19 day of--AP—riil
19,76
L1411 P
'Notary FUD11c Deborah R. Ber
19, 1978
My Commission Expires:July _ -