HomeMy WebLinkAbout#1137- Deed; Easement and Right of Way- From Marathon Oil Comp. to City of South Bend-Beginning at point of intersection of the centerline of South Bend Ave. (St. Rd. 23) and the centerline of N Ironwood Dr..0 ®,V
EASEMENT AND RIGHT -OF --WAY from
Marathon Oil Company to City of
South Bend, Beginning at the
point of intersection of the
centerline of youth Bend Ave.
(St. Rd. 23) and the centerline
of N. Ironwood Dr.; thence southerly
along the said centerline of Ironwood
Drive a distance of 100.0'.
(SEE EASEMENT)
April 25, 1973
To: Division of Engineering
Board of .Public Works
.Rex Drive Easement
Attached is a recorded copy of the Easement and Right-of--Vlay
fro::t Marathon Oil Company in regard to North Ironwood Drive.
This copy is `cr your files.
BOARD OF PUF;JIC 110RICS
Patricia DeClezca, Clerk
11�
LA) r,
All -
EASEMENT )"M RIGHT-OF-WAY j
In consideration of the sum of One Thousand Plve Hundred Forty Dollars
($1,5h0.00) MIMM cash in hand paid, receipt whereof is
hereby acknowledged, the under•siyneu iiereby grant, bargain, sell, convey,
transfer, deliver unto the Civil City of South Bend, a permanent easement
and right-of-v.,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, ramps, and cuts as may be necessary, on,
over, dnd across the ground embraced wiLhin the righL-of-way hereinafter
described, further a permanent easement and right -of -►ray, 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 liEr,itatiorl, 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 permanent easement for highway and street purpose more closely described
as follows:
Beginning at the point of intersection of the centerline of South Bend
Avenue (State Road 23) and the centerline of Forth ironwood Drive;
thence southerly along the said centerline of Ironwood Drive a
distance of 100.0 feet; thence westerly perpendicular to the center-
line of said Ironwood Drive a distance of 40 feet to the west right-
of-way line and the true point of beginning; thence continuing
westerly perpendicular to the centerline of said Ironwood Drive
a distance of 40.0 feet more or less to the present southeasterly
right-of-way line of South Bend Avenue (State Road 23); thence
northeasterly along the present southeasterly right-of-way Iine of
South Bend Avenue (State Road 23) a distance of 48.8 feet more or
less to the west right-of-way line of Ironwood Drive; thence southerly
along the west right-of-way line a distance of 28.0 feet more or less
to the true point of beginning, being a triangular shaped parcel of
land taken off of the northeastern -most corner of Lot No. 1 in Wolfe's
South Bend Avenue Addition (proposed), all in Section 31, Township 38,
North Range 3 East, Clay Tdwnship, St. Joseph County, Indiana contain-
ing 560 square feet or 0.013 acres more or ... less.
7806323
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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 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 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.
11AURION C ' 1p ?TY
r
TITLE: By
_
Vice President,
r emu..
tsr%
C
Attest:
�y
tl SZS'�.r311'{i S'EjC 'v �ir3 'y
CD
CORPORATE CERTIFICATION
I, J. F. Brucklacher �ss�seane .
the Corporation executing this !`asement andeRight-ofaway agreement: of
that G. N. Nicholson rho signed this agreement on be-
half of the Corporation was then Vice President of said Corporation;
that said agreement was duly signe for an on e a f of said Corporation
by authority of its governing body, and is within the scope of corporate
powers:
mi$ t e coretary
(CORPORATE SEAL)
_ OHIO
STATE OF PRDN )
HA11COCK )SS:
MWODS5911' COUNTY )
Before me, a Notary Public in and for the aforesaid County and State
personally appeared G.-N. Nicholson and F. H. Jones
known to be Trice President and/Secretary respectively of
Assista nt
Mara hon Oil Qom ,anv- ,
%•: o on behalf of said Corporation acknowledged the execution of the above
and foregoing instrument to be its voluntary act and deed.
Witness my hand and Notarial Seal this _ 27th day Of ----March
1978. —
Noedry Public
KAREN t. MAYS
Notary Pup31e, Slate of Ohio
My Commission Expires: My Cow ahsion Expires August 27, 1982
This instrument prepared by: Thomas J. -runner, Jr,, City attorney.
7806323
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IND I AH A
FILED FOR RECORD