HomeMy WebLinkAbout#1147- Deed; Easement- From Portage Place Apartments to City of South Bend-Section V-A 30' strip of land in the N half of Sec. 27, T 38 N, R 2 E, St. Joseph County, INEASEMENT from Portage Place
Apartments., Section V - A 301
strip of land in the North half
of Section 27, T 38 N, R 2 E,
St. Joseph County, Indiana, more
particularly described as follows:
(SEE EASEMENT)
BOARD OF PUBLIC WORKS
Patrick M. McMahon, P.E., President
Thomas J. Brunner, Jr.
Peter H. Mullen
Cf TY of SOUTH BEND
PETER J. NEMETH, Mayor
COUNTY -CITY BUILDING SOUTH BEND. INDIANA 46601
June 23, 1978
2191284.9412
Mr. John T. Phair
nortage Place Apartments
2427 Bow Court
South Bend, Indiana 46628
Dear Mr. Phair:
The easements granted to the City of South Bend at
Portage Place in South Bend, Indiana have now been recorded.
Enclosed you will find recorded copies of the documents which
have been assigned Deed 01147 and Deed #1148.
very truly yours,
BOARD OF PUBLIC WORKS
Patricia DeClercq, Clerk
PDC/mp
Enclosures (2)
EASEMENT
In consideration of the Sum of
Dollars cash in hand paid, receipt whereof is
hereby acknowledged, the undersigned hereby grant, unto the Civil City of
South Bend, a permanent easement for the following purposes namely: The
right to enter upon the hereinafter described land 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-
ment, 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, maintaining,
installing, repairing, and replacing and/or renewing such sewer or other
facilities for all purposes eshat-soever, including but not by way of limitations,
drainage structures for both sanioary and storm sewer ground embraced within
the easement herein -after described, which is located on the tract of land
situated in the County of St. Joseph, Sate of indium, .'.cLC ;he'd as follows —
Legal Description C_'
30 Foot Utility Easement-'
A 30-foot strip of land in the North half of Section 27, T 38 N, R 2 E, `
St Joseph County, Indiana more particularly described as follows:
Commencing at the Northwest corner of said Section 27; thence S 000 01' 30" W
along the West line of said Section 27, 1968.65 feet; thence S 890 58' 30" E
455.00 feet to the true place of beginning; thence continuing S 890 58' 30" E
1584.32 feet; thence S 00° 01' 30" W, 30.00 feet; thence N 89° 58' 30" W,
1584.32 feet; thence N 000 0130" E, 30.00 feet to the place of beginning.
To have and to hold the said easement 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 Send,
Indiana, that they are lawfully seized and possessed of the aforedescribed
tract or parcel of land; that they have a qood and lawful 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 whomsover.
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 re-
qui res.
IV
OWNER
PORTAGE/f LACE APARYM SECTION
LENDER
LORAIN NATIONAL BANK - ORAI OHIO
TITLE:
OWNER
,.PORTAL
I r
'St. JOSEPH COUNTY)
)SS:
STATE OF INDIANA )
Before me, a Notary Public, in and for said County and State, personally
appeared Wallace F. Holladay, general partner, of Portage Place
Apartments, Section V, y
who acknowledged the execution of the above and foregoing instrument and easement
as his free and voluntary act and deed this 9th day of June 1978
KY Commission expires:
7/14/80
ST. JOSEPH COUNTY)
) SS:
STATE OF INDIANA )
Jane G. Kxetz, Notary is
reside g in St. Joseph County, IN
Before me, a Notary Public, in and for said County and State, personally
appeared S. G. Pi'or President and
R. B. Bacon, Sr. Vice Presiden
who acknowledged the execution of the above and foregoing instrument and easement
,
as their free and voluntary act and deed this day ofQL_�� , 1978
My Commission expires:
..nia i. "%iarckall lwcyc 1; Public `t
"L.1i f,'ounty, Ohio
0*11,1•.1s-0or Expires scot. 22'• 1080
ST; JOSEPH COUNTY)
)SS:
STATE OF INDIANA )
Before me, a Notary Public, in and for said County and State, personally
appeared Wallace F. Holladay, general partner,of Portage Place
Associai��s
who acknowledges the excution of the above and foregoing instrument and easement
as _ his and voluntary act and deed this 91 h day of June 1978
My Commission -expires:
7/14/80 9
Jan G. Kretz, Not y Public
res'ding in St. Joseph County, IN
Prepared by: Thomas J. Brunner, Or., City Attorney
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