HomeMy WebLinkAbout#1091- Deed; Easement and Right of Way- From Locker to City of South Bend-Part of the SW quarter of the SW quarter of Sec. 33, Twp. 38 N, Range 2 E. (Lucky Steer Sewer)CITY of SOUTH BEND
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r PETER J. NEMETH, Mayor
COUNTY. OITY BUILDING SlJU7W BEND, INDIANA 46609
BOARD OF PUBLIC WORKS
Patrick M. McMahon, P,E., President
Thomas J. Brunner, Jr.
Peter H. Mullen
September 30, 1977`
Mx_. James Locker
Locker Realty
226 West Colfax Avenue
south Bend, Indiana
Dear Mr. Locker:
Enclosed is the copy of the recorded easement in
regard to the Lucky Steer sewer for your files.
Very truly yours,
BOARD OF PUBLIC WORKS
Patricia DeClercq, Clerk
PDC/mp
Enclosure
10%����r
EASEMENT AND RIGHT-OF-WAY
In consideration of the sum of One Dollar and 00/100
oDars cash in hand paid, receipt whereof is hereby am'nomleugeq .
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the undersigned hereby grant, bargoin, sell, cnnmev° transfer, deliver vmt«
the Civil City of South Bend, a permanent easement and right-of-way for the
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following purpose namely: The right to enter upon the hereinafter described
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land and yrouo, level, fill, maintain, repair, ^
�d^m�t�in the right-of-way hereinafter described, further
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ground �ow^�" - .
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, maintuining and repoiring, installing and
renewing any sewer, whether used in conjunction with general purposes
or for the sole purpose of conatrvcting, maintaining installing, repairing.
and replacing and/or renewing such sewer facilities, including but not
by may of limitation drainage structures for sanitary sewer ground embraced
within the right-of-way r*reinarter described, which is located within ths
boundaries of m tract or parcel nf jznd situated in the County of St.
Joseph, State of Indiana, briefly described as follows:
Part or the South moot Quarter of the Southwest Quarter of
section I} Township 38 North, Range 2 East, described as
being 570/ feat East of Southwest corner of said Section 33;
thence North 420' feet to a place of beginning; thence
East 254' feet parallel with said South line of Section 33
thence South 20' feet thence West 254/ feet; thence North 20/
,
feet to the place of begginning all being a part of the
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Southwest -4 of Section 33 township 38 North, Range 2 [eet
/St.
Joseph County, Indiana.
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To have and to hold the said easement and right -of -may unto the
Civil City or South Bend' Indiana, and unto its successors and assigns
forever.
And the said Grantors with the Civil City of
South Bend, Indiann, that thny leyfully 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; tnat i� is, Free from all encumbrances; and
that they will warrant and forever defend the title in quiet possession
thnretn against the lawful claims of all persons whomsoever.
^
' And as e further consideration for the payment of the purchase
, price, above atateu, 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 haroto, that wherever
in the foregoing instrument the singular number is used, it will be read
as plural, if and when necessary, and thaC wherever words of neuter gender
are employed, they will likewise apply to the masculine gender, whenever
the contract requires.
- -~—~- ^and foregoing instrument and right -of -may ea free and voluntary
act and deed this day of
tary rocpic V`�
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SEP ZO IC 'TI
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FILED FOR k"ECORD