HomeMy WebLinkAbout#923 - Deed; Easement and ROW - From Prussners to City of South Bend-Commencing at NE corner of Lot 17 in Homeland Add and commencing at the NW corner of Lot 16 in Add.lo\j\
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EASEMENT AND RIGHT-OF-WAY P
DEPARTMENT OF ENGINEERING
—Dollars cash in hand paid, receipt whereof is BOOK 817 468
hereby acknowledged, the undersigned hereby grant, bargain, sell, convey,
transfer, deliver unto the Civil City Of South Bend, a permanent Casement
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 sucti 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
perpetWil 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 descrIbedwhich i located , c swithin the boundaries of a tract or parcel
of land situated in the County of 3t^ Joseph, State of Indiana, briefly
described as follows:
A permanent easement described as follows:
Commencing at the north east corner of Lot 17 in Homeland Addition,
the point of beginning,
THENCE; due south, along the east property line of Lot 17
a distance of 120 feet more or less to the south east corner of
said Lot 17,
` THENCE; west a distance of 7.5 feat along the south property
' line of Lht 77,
�
THENCE; north u distance of 720 feet more or less to the
line of twing Avenue and the north line of
THENCE; east o distance of 7.5 feet to the point of
beginning. .
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��. AJsV o parcel of land described as follows:
� Commencing at the north west corner of Lot 16 in said Homeland
Addition, the point of beginning,
THENCE; due south along the west property line of Lot 16
a distance of 120 feet more or less to the south west corner of
said Lot 16,
THENCE; east a distance of 7.5 feet along the south.
property line of Lot 16,
T}|ENCE; north a distance of 120 feet more or less to the
south right-of-way line of Ewing Avenue and the north line of
Lot 16,
THENCE; east a distance of 7.5 feet to the point of
beginning.
Both parcels of land being in Homeland Addition in the north west
one quarter (1/4) of Section 22, Twp. 37 North, Range 2 East,
Portage Twp., St. Joseph County, Indiana.
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 low'
ful right to sell and convey; that itis free from all encumbrances; and
V 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 mf the purchase
price, above stated, the Grantors hereby release all claims for damage,
' from whatsoever cause, incidental to the exercise of any of the right�
/
/ herein granted, from the beginning of the world until this date.
} It is understood and agreed by the parties hereto, that wherever
/
i instrument the singular number is used it will be read
in the foregoing ,
as plural, if and when necessary, and that wherever words of neuter gender
are e,p^"v°d, 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 f
BOOK OJ� V ��� ���� �K���
S3. JOSEPH COUNTY
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� +'mE OF lNDIANA )
Before me, n Notary Public, in and for said County and State,
personally appeared
`
who acknowledged the execution of the above
� and foregoing instrument and right-of-way as THEIR e and voluntary
t'2�� �ed h of November,�
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ssion
` - expires. .
Notary Public
David A. Wells
This imstromeot prepared by: James Bnwmnr" City Attorney.
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BOOS( 817 ,'AGE 4 U
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THENCE; north a distance of 120 feet more or less to the �
ssyul.kr; reff+'k.-of-way 1 i n� "If Ew n�
t_cat_ ti� , g Avenue and tiro north line of
lHUICE; east a distance of 7.5 /
feet to the
be�pinnr�y. point of fj
u 1(11'1At0 3 8
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