HomeMy WebLinkAbout#1141- Deed; Easement and Right of Way- From Portage Place Apartments to City of South Bend-a 40' right-of-way in the N half of Sec. 27, T. 38 N, R 2 E, St. Joseph County-W // 4//
EASEMENT AND RIGHT-OF-WAY from
Portage Placa Apartments, Section V
to City of South Bend, a 40' right-
of-way in the N. ;�. of Section 27,
T 38 N, R 2 E, St. Joseph County.
(SEP EASEMENT)
,rd
EASEMENT AND RIGHT-OF-WAY
In consideration of the Sure of
Dollars cash in hand paid, receipt whereof is
hereby acknowledged, the undersigned hereby grant, bargain, sell, converp.
transfer, deliver unto the CIVIL CITY of SOUTH BEND, a permanent easement
and right-of-way, for n' e foiiowing purposes namely: The right to enter
upon the hereinafter described land and grade, level, fill, drain, pave,
build, mairAzin,_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 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 r-r other facilities For all purposes
whatsoever, including but not by czar 3f ! ;..;tationH 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 of parcel
of land situated in the County of St. Joseph, State of Indiana, briefly
described as follows:
M r
40' RIGHT OF WAY -- o
A 40' foot right-of-way in the North half of Section 27,
T 38 N, R 2 E, St. .lose^h Gc;irr, •,7, ind ana, more particularly
described as follows: Ccmmencirg at the Northwest corner of
said Section 27; thence S 00001'30"W alonq the West line of
said Section 27, 1999.65 feet; thence S 890 58'30" E, 2899.89
feet to the true place of beginninq; thence continuing
S 890 58-30" E, 54.44 feet to the centerline of Portage Road;
thence N 230 16'15" W along said centerline 495.00 feet; thence
S 660 43145" W, 40.00 feet; thence S 23016'15" E parallel with
said Portage Road centerline 473.47 feet to the place of
beginning.
-.�
7807843
- CA` EASEMENT AND RIGHT-OF-WAY
In consideration of the Sum of lL�
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-ways, foi 1-uilowing purposes namely: ne right to enter .
upon the hereinafter described land and grade, level, fall, drain, pave,
build, mai�bSh,_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 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 facilities for all purposes
whatsoever, including but not by tray 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 of parcel
of land situated in the County of St, Joseph, State of Indiana, briefly
described as follows: _T1
M r
40' RIGHT OF WAY
A 40' foot right-of-way in the North half of Section 27,
T 38 N, R 2 E, St. Joseph Ccmhty, ind'ana, more particularly
described as follows: C^:rnenc.ing 3,1; the Northwest corner of
said Section 27; thence S 00001130" W along the West line of
said Section 27, 1999.65 feet; thence S 890 58130" E, 2899.89
feet to the true place of beginning; thence continuing
S 890 58'30" E, 54.44 feet to the centerline of Portage {toady
thence N 230 16115" W along said centerline 495.00 feet; thence
S 66o 43'45" W, 40.00 feet; thence S 23016115" E parallel with
said Portage Road centerline 473.47 feet to the place of
beginning.
PP,
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-
fuT 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 _-�—, ons 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 uses, 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.
OWN"K
POR GE PL CE RT t� , SECTION V
TI T� :jig i 7" �.
/ 3'ONIJ ! • PAA1/?
� S
� •• 1 E
ST. JOSERW COUNTYSS-
}
STATE OF INDIANA
Before me, a Notary Public, in and for said County and State#'
personally appeared John T. Phait, Partner, Portage Place
Apartments, Section V
,who acknowledged the execution of the
above and foregoing instrument and easement as a free and voluhtry
and deed this 27-th day of April 1978
'comini ssion expires:
Ap r l 30, 1978
Notary Public
Patricia M. DeVliegher
A Resident of St. Joseph Coun,t'
Mortgage
St. Joseph Mortgage Co., In.
Ice President
so rl ,.J ,�. 0 C, R c-s A R T
ST. JOSEPH COUNTY }
} SS:
STATE OF INDIANA }
Before me, a Notary Public, in and for said County and State,
personally appeared
John K.
Dorwart, Vice
President,
St. Joseph Mortgage
Co.,Inc.
South Bend,
Indiana
who acknowledged the excution of the
above and foregoing instrument and easement as a free and voluntary
act and deed this 27th day of April 1978
jp
.* r )My Commission expires;
A-oril 30, 1980
0-7/1 ..�
Notary Public
Patricia M. DeVliegher
A Resident of St. Joseph County
ri
IrJ4
III
FILED