HomeMy WebLinkAbout#1093- Deed; Easement and Right of Way- From Martins to City -a 7.5' wide (E&W) permanent easement described as being the W 7.5 of the E 15' from the entire E end of Lot 6 in Part of Crest Manor Sub. Sec. 1, all in the W halfof Sec. 31, Twp. 37BOARD OF PUBLIC WORKS
Patrick M. McMahon, P.E., President
Thomas J. Brunner, Jr.
Peter H. Mullen
CITY of SOUTH BEND
PETER J. NEMETH, Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
October 5, 1977
Mr. & Mrs. William T. Martin
5614 South Miami Road
South Bend, Indiana
Dear Mr. & Mrs. Martin:
The Board of Public Works has accepted and recorded
the easement agreement in connection with the Crest Manor
Sewer Project. Enclosed you will find one copy of the
easement for your records.
Very truly yours,
BOARD OF PUBLIC WORKS
Z'
Patricia DeClercq, Clerk
PDC/Mp
Enclosure
219/284-9412
In consideration of the sum of c�j' C,�/' " )
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 riQht-of-way^ for the following purposes namely: The right to enter
upon the hereinafter ƒ%]l°�ro�n. 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 7.5' wide (measured east and west) permanent easement described
as being the west 7.5 feet of the east 19 feet off of and from the
entire east end of Lot No. G in Part of Crest Manor Subdivision
Section One, all in the west one-half of Section 31, Township 37
North, Range 3 East, Centre Township, St. Joseph County, Indiana.
This 7.5 feet wide easement is immediately west of and adjacent
to the existing 7.5 feet wide eastment along the entire east end
of said Lot No. 6.
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\ 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.
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� And the said Grantors hereby covenant with the Civil City of
South Bend, Indiana, that they are lawfully seized and possessed of the
afurudescribed tract or parcel of land; that they have a good and law-
ful to sel I —d convey; -- it is free— from — I encunibrance------~
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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
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as P,7ura7, if and when necessary, and
that wherever words of neuter gender
are employed, they will likewise apply to the masculine gender, whenever -
the /
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� contract requires, !
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ST. JOSEPH COUNTY )
) SS:
STATE OF INDIANA )
Before me, a Notary Public, in and for said County and State,
personally appeared William T. and Jo Ann Martin, 5614 Miami Road,
South Bend, Indiana 46614
who acknowledged the execution of the above
and fore oing instrument and right-of-way as their free and voluntary
gdi,dejv s loth day of September, 1977 ,
n eYos�k
ommis,sion ,spires / ✓
,r,ax�y�22; 1979 %�� ..�,
Notary Public
e
,.. David A. Wells
This instrument prepared by Thomas J. Brunner, Jr., City Attorney
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