HomeMy WebLinkAbout#990- Deed;Easement ROW From Board to City of South Bend-a permanent right-of-way easement described as Beginning at a point 2616.14' N of the SW corner of Sec. 27, Twp. 38 N, Range 2 E.Return to Engineering ext 251
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EASEMENT AND RIGHT-OF-WAY
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In consideration of the sum of One ($1.00)
in
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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 described as follows: Beginning at a
point 2616.14 feet north of the southwest corner of Section 270 Township 38
North, Range 2 East, German Township, Saint Joseph County, Indiana,
which point is at the intersection of the west line of said Section 27 and the
east and west center line of said Section 27; thence due east 40 feet; thence
due north along a line 40 feet east of and parallel to the west line of said
Section 27 a distance of 666.4 feet; thence due west a distance of 40 feet to
the west line of said Section 27; thence due south along the west line of said
Section 27 a distance of 666.4 feet to the point of beginning, all taken off of
the west end of the following described tract of land.
Beginning at a point in the center of the Maple Road, which is likewise the
center of the West line of Section Twenty-seven (27), Township thirty-eight
(38) North, Range Two (2) East; thence East with the center line of said
Section Sixteen Hundred and (2he and Sixtenths (1601. 6) feet to the West line
of land owned by the Board of Commissioners of St. Joseph County; thence
North Six Hundred and Sixty-six and Four -tenths (666.4) feet; thence West
Sixteen Hundred and One and Six -tenths (1601.6) feet to the center line of
the aforesaid road; thence South Six Hundred and Sixty-six and Four -tenths
(666.4) feet to the place of beginning,
nning, all in Section 27, Township 38 North,
Range 2 East, German Township, Saint Joseph County, Indiana.
To have and to hold the said ex7.sement 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
aforedescribed 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 Amnlnvael_ +hav w;17 --- ---A
IN WITNESS WHEREOF the parties have, hereunto set their hands
and seals this 31s t day of August , 1976.
BOARD OF COMMISSIONERS OF
Attest:
County Auditor
I
This instrument prepared by the City of South Bend, Indiana.
BOOK I �AU543
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INDIAN
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RECORDER