HomeMy WebLinkAbout#1103 - Deed; Easement and Right of Way- From Locker to City of South Bend-part of the SW quarter of the NE quarter of Sec. 26, Twp. 37 M. Range 2 E, St. Joseph County (Ireland Rd. Industrial Park Sewers)7709830
EASEMENT AND RIGHT-OF-WAY
In consideration of the suin of &I 4E (I d h
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, 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 constructinp,,, ;taintaining, 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 ,,.,mbraced within the right-of-way
hereinafter described, which is located within the boundaries of a tract or
parcel of land situated in the County of St. Joseph, State of Indiana,
br,ie'L'ly described as follows:
A part of the Southwest Quarter (4) of the Northeast Quarter
(h) of Section 26, Township 37 North, Range 2 East, St. Joseph
County, Indiana, described as follows, Viz:
Beginning at a point 968.73 feet East and 40.00 feet North of
the Southwest corner of the Northeast Quarter (4) of Section
26, Township 37 North, Range 2 East, said point of beginning
being on the North line of Ireland Road; thence North "004`-00`00"
East, 699-50 feet, j-,11ence North 90',-001-00" East, 15.00 feet;
thence South ool:-Off)'—,'joll West, 699.50 feet to the North line
of Ireland Road; thence South 90c-00'-00" West, 15.00 feet to
the point of beginning.
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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.
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 lawful
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 employed, they will likewise apply to the masculine gender, whenever
the contaact requires.
A A jOA
TITLE:
770,9812)()
ST. JOSEPH COUNTY)
) SS:
STATE OF INDIANA )
Before me, a Notary Public, in and for said County and State,
personally appeared James P. Locker
, who acknowledged the execution of the
above and foregoing instrument and tight -of -way as his free'and
voluntary act and deed this 30th day of September "107
My commission expires:
Notary Vubl/ic
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