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Home My WebLink About#916 - Deed; Easement and ROW - From Bakers Services to City of Sout Bend-a permanent right-of-way easement taken off of the S end of the following tract of land, Part of the SW quarter of the SE quarter of Sec. 21, Twp. 38 N...EASEMENT AND RIGHT-01F-WAY from International Bakers Services, Inc. to City of South Bend, A permanent right-of-way easoment taken off of the S. end of the following described tract of' land - Part of the S.E. 34 of Sec. 21, Twp. 38 N., Range 2 E. of the Second T?rincipai Meridian (SEE EASEMENT) � One -------------------~-In consideration of ' the um or (41uu) 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 hght-of-way^for the following purposes namely: The right tnenter upon the hereinafter deacribed ��-- 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 en� easement and right-uf-way, described, further a permanent , including the perpetual right thereupon the real estate hereinafter described, at any time that tt 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 taken off of the South end of the following described tract of land: Part of the Southeast Quarter (1/4) of the Southeast Quarter (1/4) of Section Twenty-one (21), Township Thirty-eight (38) North, Range Two (2) East of the Second Principal Meridian, described as begin- ning at a point in the South line of the Southeast Quarter (1/4) of said Section Twenty-one (21), said point being at the intersection of the South line of Section Twenty-one (21), and a straight line drawn between a point located One Hundred Fifty (150) feet Southwesterly from the centerline of the Indiana East-West Toll Road, at Toll Road Station 4140+50 measured on a line normal to the Toll Road centerline and another point located Two Hundred Fifty_ five (255) feet South westerly from and normal to the centerline of the Indiana East-West Toll Road at Station 4141-i�50, said point being approximately One Hundred Eighty-nine (189) feet West of the Southeast corner of the Southeast Quarter (1/4) of said Section Twenty-one (21); thence running Westerly therefrom along the South Line of said Section Twenty-one (21) to the West line of the East Half (1/2) of the South- east Quarter (1/4) of Section Twenty-one (21); thence Northerly along the West line of the East half (1/2) of the Southeast Quarter (1/4)'of Section Twenty-one (21), to the South right-of-way line of the Indiana East-West Toll Road; said point in the South right-of-way line of the Toll Road being One Hundred Fifty (150) feet Southwesterly from and measured on a line normal to the Toll Road centerline; thence running Southeasterly along a line parallel to and located One Hundred Fifty (150) feet Southwesterly from the centerline of'said Toll Road centerline measured along lines normal to the Toll Road centerline to a point in said South right-of-way line of the Toll Road located One Hundred Fifty (1150) feet Southwesterly from the Toll Road centerline at Station 4140+50; thence run- ning Southeasterly in a straight line a distance of approximately One Hundred Three (103) feet to the point of beginning, said parcel of land containing Ten 1//// r i yi> being commonly known as Cleveland Road i S B(GK 1 - .-n C. Joseph County,, Indiana. A permanent right-of-way easement described as follows: Starting at the South- west corner of the above described 10.9 acres which point is in the South line of Section 21-38N-R2E, German Twp., St. Joseph County, Indiana; thence due North 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 1143 feet more or less; thence due North 20 feet; thence due West along a line 40 feet North of and parallel to the South line of said Section 21 a distance of 1143 feet more or less; thence due South 20 feet to the point of beginning. All in the Southeast One Quarter (1/4) of Section 21, Twp. 38N-R2E, German Twp., St. Joseph County, Indiana. Trrtr,,:.:, 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 isunderstood 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 day of April BY William E . Bus ` I, LMBussecertifythatam Secretary of u/� Corpwruciun exeuux/nA this Easement ang Right-of-way agreement: e- half of the Corporation was the f said Corporation; �that said agreement was duly signed of said Corporation ! by authority of its governing body, and is within the aoupo of corporate Secretary LM Busse STATE OF INDIANA /uS; Before me, a Notary Public in and for the aforesaid County and State personally appeared William E.Busse and LM Busse known to be PresIdent —and Secretary respectively of International Bakers Servicea Tnr. who on behalf of said Corporation acknowledged the execution of the above and foregoing instrument to be its voluntary act and deed. Witness my hand and Notarial Seal this 1976. ission Expires: July 19,1978 19 day of Apil Notary PUblic Deborah R. Be y BOOK 81 2 5 5