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HomeMy WebLinkAbout#1094- 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, ...CITY of SOUTH BEND PETER J. NEMETH, Mayor fi (Y COUNTY•CITY BUILDING SOUTH BEND, INDIANA 46601 BOARD OF PUBLIC WORKS Patrick M. McMahon, P.E., President Thomas J. Brunner, Jr. Peter H. MulIen October 5, 1977 Mr. &< Mrs. Robert A. De Wolf 5628 Miami Road South Bend, Indiana Dear Mr. & Mrs. De Wolf: 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 — /C-& Patricia DeClercq, Clerk PDC/mp Enclosure 219/284.9412 � � In consideration of the sum of One Dollars cash in hand paid, receipt whereof is hereby acknowledged, the undersigned hereby grant, bargain, sell, convey 1. transfer, deliver unto the Civil City of South Bend, a permanent easeme t and dght-of*ay,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, rumpo° and outs as may be necessary, on, over, and across the ground embraced within the right-of-way hereinafter described, further o 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 coostruc±ing, maintaining and repairing, installing and renewing any water, sewer, and other utility facilities, whether used in cunjunctioo 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 purPuses 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 lS feet off of and from the ' entire east end of Lot No. 7 in Part of Crest Manor Subdivision Section One, all in the went 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 easement along the entire east end of Said Lot Mn, 7. ' 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 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 he read � / as plural, if and when necessary, and that wherever words or neuter gender are employed, they will likewise apply to the masculine gender, whenever � the contract requires. ~~ -3- � � 3T. J85EPH COUNTY ' ) 5S: STATE OF IMDIANA ) Befure me, a Notary Public, in and for said County and State, personally Hv/f, 5628 Miami Road '�pP=^ South Bend, Indiana 46614 who acknowledged the execution of the above and foregoing instrument and right-of-way as their free and voluntary act and deed this 7 h d.ay of September, 1977 , Notary Public David A. Wells This instrument prepared by Thomas J. Brunner, Jr., City Attorney. " 1 0 " ',F P ��' ��.�;.