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HomeMy WebLinkAbout#1100- Deed; Easement and Right of Way- From Meersmans to City of South Bend-a permanent right-of-way easemet described as Beginning at a point 20' W. of and 171.6' N. of the SE corner of Sec. 19, Twp. 37 N...MAL EASEMENT AND RIGHT-OF-WAY from James V. & Janet M. Meersman to City of South Bend, A permanent right-of-way easement described as follows, to wit: Beginning at a point 20'W. of and 171.6' N. of the S.E. corner of Sec. 19, Twp. 37 N., Range 3 E., thence; due N. along a line parallel to and 201 W. of the E. line of said Sec. 19, a distance of 1201 more or less, thence; due W. a distance of 201, thence; due s. a distance of 1201 more or less, thence, due E'. a distance of 201 to the point of beginning, all in the S.E. k of Sec., 19, Twp. 37 N., Range 3 E., Portage Township, St. Joseph County, Indiana, containing 2400 sq. ft. (.055 acres) 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 u 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 whethor 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 r whatsoever, including but not by way of limitation, drainage structures for both sanitary and storm sewer ground embraced within the right-of-way herein- 1 | 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 described as follows. To wit: Beginning at u point 20 feet west of and 171.6 feet north of the southeast corner of | Section 19° Township 37 North, Range 3 East, � Thence; due north along a line parallel to and 20 feet west of the east line of ^ said Section lQ, a distance of 120 feet more or less, � Thence; doe west a distance of 20 feet, � Thence; due south a distance of 720 feet more or less, - _-~_Fortage township, St. Joseph County, Indiana, containing 2400 square feet or .056 acres. cz To have and to hold the said easement and right-of-way unto the Civil MY 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 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 m further consideration for the payment of the put -chase 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. kt, ts, understood and agreed by the parties hereto, that wherever in the foregoi-ng instrument the Singular number is used, it will be read as Plural. if and when necessary, and that wherever words of neuter gender are employed. they will likewise apply to the masculine gender, whenever the contract requires. IN WITNESS WHEREOF the Parties have hereunto set their hands and -3- 7705-42' LINTY ) SS: 3707 South Ironwood Road, South Fiend, Indiana , who acknowledged the execution of the above and foreging instrument and right-of-way as their free and voluntary s 12th -day of .August, 1977 ON� 1,1111 . . . . . . . . . . . . 12 0 ,y, 6a'tAi s on xpires 1979 Notary Pub] ic- David A. Wells This instrument prepared by: Thomas J. Brunner, Jr., City Attorney.