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HomeMy WebLinkAbout#1142- Deed; Easement -From Portage Place Apartments to City of South Bend- a 30' utility easement in the N half of Sec. 27, T. 38 N, R 2 E, St. Joseph CountyEASEMENT fro --a Portage Place Apartments, Section V, to City of South Bend, a 30' utility easenienc in the N. z of Section 27, T 38 N, R 2 E, St. Joseph County. (SEE EASEMENT) // ez EASEMENT In consideration of the Sum of the Dollars cash in hand paid, receipt whereof is i hereby acknowledged, the undersigned hereby grant, unto the Civil City of " �f South Bend, a permanent easement for the following purposes nameiy3 The right to enter upon the hPrpiv±afo-^� dam^_=.�r'he*� leind and grade, level, fill., drain, maintain, repair, as may be necessary, on, over, and across the ground embraced within the easement hereinafter described, further a permanent ease meat, 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, or for the sole purpose of constructing, czai�tn'dr���aa installing, repairing, and replacing and/or renewing such sewer or oth©r facilities for all purposes whatsoever, including but not by way of Hnitat%ns, drainage structures for both sanitary and storm sewer ground embr@ced within the easement herein -after described, which is located on the tract of land situated in -he Countv o4' St. .io eijh, Stage of Indiana, described as folIc"sR raf CM- �0U'rlLl`PY r?,,T'.ENT :, :<<� - L- A 30 foot utility casement in the North Half of Section ?7, T 3S N', R 17, :;t. Joseph Cowity, Indiana, more particuiar'y described ris follows: Golr.'zenci.n- ,at the ';orthwe�:t corner -of said S)ec.ti on 27; thenct; S 00 01 ' 30" 14 .•:lonE tf�e West line of said Section ?7, 1966.t5 feel,; Hence S?°5g'30"� ^1?9032 feet to the true place o' bel:-inni.n ; t.;,ence continuing S 89058'30" r, 811.66 feet to the centerline of Portage Road; thence Sr 23016'15" F. along said center! i.ne 3, .66 feet; thence 11 Mo53r30„ V4.58 foot,; faience N 0000113011 30.00 feet to the place of begi nni nr;. 7870 12 To have and to hold the said easement unto the CiVi] City of South Send, Indiana, and unto its :successors and assigns forever. And the said Grantors hereby covenant with the Civil City of South ®rand, Indiana, that they are lavifuliy seized and possessed of the afroredescrib�cJ tract or parcel of that they have a good and lawful right to sell and convey; that i•6- is free from all encumbrances; and that they will t1arrant and forever defend %.he title in quiet Possession thereto against the lawful chic.;s of all persons whomsover. And as a further consideration for the payment of the purchase price, abovo stated, the grantors hereby release all claims for damage, from whatsoever cnuso, 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 s-haravor -;rd `ho foregoing instrument the singular number is used, it will be read as pl UV8a v if and when necessary, and that zy;harever words of neuter gender are e.y,ployed, they will likewise apply to the f-t culine gender, whenever the cone -act re- qui res. OWNER ( PORTAGE P Tlnl<: S1rCTIOP V .TO/ -ilk -- PHAIR 7807842 JOSEPHt' COUNTY ) SS: STATE OF INDIANA ) Before me, a Notary Public, in and for said County and State, Personally appeared John T. Phair, Partner, Portage Place Apartments, Section V ,who acknowledged the execution of the above and foregoing instrument and easement as a free and voluntary 27th �i_t..�tt and deed this day of April 1978 r ;4 r * r v comet ssiOn ,,April 30, 1980 �G�f�c�t%t �U777 Notary Public Patricia M. DeVliegher A Resident of St. Joseph Connty Mortgage St. Joseph Mortgage Co., In. ice resident 70 /-W K. O o RW 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. por5�art Vice President, St - Josenh Mor craggQo 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 Anri7 9 1978 ssion expires: r1l 30, 1980 PatriciaNR arleNNY,9her A Resident of St. Josenh Countv 450