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Home My WebLink About#1128- Deed; Easement and Right of Way- From Muia to City of South Bend-Beginning at point of intersection of E. right-of-way line of N. Ironwood Dr. and the N. right-of-way line of E. Edison Rd.4f ®®,Z f EASEMENT AND RIGHT-OF-T,�AY from Eugene C. Muia to City of South Bend, Beginning at the point of intersection of the east right- of-way line of N. Ironwood Dr. and the N. right-of-way line of E. Edison Rd. (SEE EASEMENT) BOARD OF PUBLIC WORKS Patrick M. McMahon, P.E., President Thomas J. Brunner, Jr. Peter H. Mullen Fr . CITY of SOUTH BEND PETER J. NEMETH, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 March 17, 1978 Mr. Eugene C. Muia Muia Construction Company 1818 S. Main Street South Bend, Indiana Dear Mr. Muia: Enclosed you will find one recorded copy of the Easement and Right--of--Way Agreement for the Northeast Corner of Edison and Ironwood. Very truly yours, BOARD OF PUBLIC WORKS t� Patricia DeClercq, Clerk Enclosure 219/284-9412 �._� .,.... .. t.._ _ - --.n...•:a+rrw..,onwo.+.e....Hwy,wew...r..a...au,..y..d,...,. ........«. ....._--... ....,.....,.. .. .....,........,.. ...�.. ...,.... -... .. 'n' EASEMENT AM) PlIXF-OF.AW1 In consideration of the sum of one thousand one hundred - - - - "00.00) Dollars cash in hand Paid, receipt whereof is hereby acknowledged, the undersigned hi_rcby 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, ramps, and cuts as may be necessary, over, and across the ground embraced within the right-of-way hereinafter described, further a permanent easement and right -of -gray, i ncl udi n _7i:he -- perpetual right thereupon the real estate hereinafter described, at` -any = time that it may see fit, for the purpose of constructing, maintain g and repairing, installing and renewing any water, sever, 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 gray 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 fol l oars : A permanent easerent for highway and street purposes more closely described as follol;.s: Beginning at the point of intersection of the east right-of-way line of I,'orth Ironwood Drive and the north right f-ti;ay line of East Edison E:oad; thence due east along the said north right-of-ti!ay line of East -Edison Road a distance of 27.00 feet; thence alor:n a'straight line in a northwesterly direction a distance of 3M.90 feet more or less to a point 28.00 feet north of the point of beginning and in the said east right-of-t•ray line of North Ironwood Drive; thence due south along the said east right-of-way line of North Iron;vood !hive a distance of 20.00 fp(ct to the place of beginning, all taken off of and front the southti,,,est corner of certain unplatted land in Section 32, Tot-rnship 38 North, mange 3 East, Clay Toa:nship, St. Joseph County, Indiana, containing 378 square feet or 0.0 ;(`7 acros. The beginning point above described is also described as a point forty (40) feet East and :forty (40) feet North of the Southwest corner of Section 32, Township 38 North, Range 3 East, and this easement is expressly given on the understanding that the begin- ing point -as described in this easement are one and the same. " r� To have and to hold the said easement and right-of-way unto the Civil City of South fiend, Indiana, and unto its successors and assigns forever. And the said Granters hereby covenant with the Civil City of South Bend, Indiana, that they are la'Ifully seized and possessed of the aforedescriberl 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 mill warrant and forever defend the title in quiet possession ;:hereto 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 whe}-ever in the foregoing instrument the singular number is used, it will be read as plural, if and when necessary, and that t.herever words of neuter gender are employed, they will likewise apply to the masculine gender, ti:henever the contract requires. iT)UiA Title: � i -3- sEPH COUNTY ) OF INDIASS: NA ) Before me, a Notary Public, in and for said County and State, personally appeared Eugene C. Muia -_ who acknowledged the execution of the above and foregoing instrument and right-of-way as Ills free and voluntary act and deed this 11th day of July, 1977 by commission expires 10/24/79 LeRoyFowler Notary Public i. , RI QC V l% • -.1 E 1 • '+ E -� �; 1. _ . ��,a `' ' (. J . / f CQ "I0 Y:' /19. .� , � 1i ;1 _ pis/' ��'; �� C.a\��1'�` __ �I j:..•cft, � ••�•��- j'1- •' �� Za Z raJ , o C3 fi `- �O S �03i�r'l f y E `�� ,erg ✓ �+ ` ; � �e J O _ : ��-� � , • � t + q �'� V La's t ~ �' Y •'`.i/ `L� �'.• rI �.. ��- .�.-` y - w i => I1 permanent easement for highway and street: purposes more closely described as fol iovis: Beginning at the point of intersection of the east right-of-way line of Plorth Ironwood Drive and the north right -of -tray line of East Edison Road; thence due east along the said north right -of -%,lay line of East Edison Road a distance of 27.00 feet; thence alone a straight line in a northwesterly direction a distance of 0�,90 feet roore or less to a point 28.00 feet north of the point of beginning and in the said cast right -of -gray line of North Ironwood Drive; thence due south along the said cast right-of-way line of north Ironwood Drive a distance of 20.00 feet to the place of beginning, all taken off of and from the southvrest corner of certain unplatted land in Section 32, Township 38 North, Range 3 East, Clay Tolalisilip, St. Joseph County, Indiana, containing 370 square feet or 0.(+s;7 acres. The beginning point above described is also described as a point forty (40) feet East and forty (40) :Feet North of the Southwest corner of Section 32, Township 38 North, Range 3 East, and this easement is expressly given on the understanding that the begin- ing point -as described in this easement are one and the same. W.'R 6 1. 0 "; s! 74 � it, , 7 pi ST. T FfLED R L-* C- R D. LXE ) ril, --- -, 'I I t Mr; 1 6 1, 0 ;, 3 A" ' 7 U-Q ST� FELED D