HomeMy WebLinkAbout#1136- Deed; Easement and Right of Way- From Lung to City of South Bend-Beginning at point of Intersection of the E. right-of -way line of N. Ironwood Dr. and the S. Right-of-way line of E. Edison-0/®,36
EASEMENT AND MIGHT -OF -WAY from
Dallas Lung to City of South Bend,
Beginning at the point of inter-
section of the east right-of-way
line of N. Ironwood Dr. and the
S. right-of-way line of E. Edison.
(SEE EASEMENT)
TO: Division of Engineering
From; Board of Public Works
Re: North ironwood Drive .Ea.semgnt
Attached is a recorded cony of the Easement and Right -of -Way
from Dallas 'Lunch in regard to North Ironwood Drive. This
cony is .for your files.
ME D OF PUDLIC WORKS
Patricia DeClercq, Clerk
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7806034
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EASE14ENT AND RIGHT-OF-WAY
In consideration of the sum of __ne thousand fifty dollars 4 1,050.00)
Dollars cash in hand paid, receipt whereof is
hereby acknowledged, the undersigned hereby grant, bargain, sell, convey, mom
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 describer; land and grade, Levui, fill, drain, pave,
build, maintain, repair, and rebuild roads, streets, highways, together ry`
with such bridges, culverts, ramps, and cuts as may be necessary, on,
over, and across the ground embraced within the right -of -tray 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 -bray 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 permanent easement for highway and street purposes more closely described
as follows: Beginning at the point of intersection of the east right-of-
way line of North Ironwood Drive and the south right-of-way line of East
Edison Road; thence due east along the said south right-of-way line of East
Edison Road a distance of 27.00 feet; thence along a straight line in a south
westerly direction a distance of 38.18 feet more or less to a point 27.QO
feet due south of the point of beginning and in the said east right-of-way
line of North Ironwood Road; thence due north along the said east right-of-
way line of North Ironwood Road a distance of 27.00 feet to the point of
beginning, being a triangular parcel of land taken off of and from the north
west corner of Lot Lettered "A" in "Edison Park" a subdivision in South Bend,
Indiana as recorded in Book 17, page E, March 24th, 1948 in the office of
St. Joseph County Recorder, all in Section 5, Township 37 North, Range 3 East,
Portage Township, St. Joseph County, Indiana, containing 364.50 square feet
or 0.0084 acres.
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7806034
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; Unfit they have a good and law-
ful right to sell and convey; that it is free from all encumbrar,cc,; 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 �rorld until this date.
It is understood and agreed by the parties hereto, that vrhercver
in the foregoing instrument the singular number is used, it will be reed
as plural, if and when necessary, and that r-:herever t.rords of neuter gender
are employed, they will likewise apply to the masculine gender, whenever
the contract requires.
ST, JOSEPH COUNTY
STATE OF INDIANA � S5:
Before me, a Notary Public, in and for said County and State,
personally appeared Dallas Lunn
who acknowledged the execution of the above
and foregoing instrument and right-of-way as his free and voluntary
act and deed this third day of Argil, 1978
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�,Iy, comirr� s i exg i res .
Notary Publ i c
David A. Wells
This instrument was prepared by: Tho0as J. Brunner, Jr., City Attorney.
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FILED FOR RECORD