HomeMy WebLinkAbout#1148- Deed; Easement and Right of Way- From Portage Place Apartments, Sec. 1 A 40' strip of Land for highway purposes in the N half of Sec. 27, T 38 N, R 2 E, St. Joseph County, IN'*// y
EASEMENT AND RIGHT-OF-WAY from
Portage Place Apartments, Section
I - A 40' strip of land for highway
purposes in the North half of
Section 27, T 30 N, R 2 E, St.
Joseph County, Indiana, more particularly
described as follows;
(SEE EASEMENT)
7811806
EASEMENT AND RIGHT-OF-WAY
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In consideration of the Sum of
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-way, for the following purposes namely: The right to enter
upon the hereinafter described Land and grade, level, fill, drain, pave,
build, maivitaih,..repair, and rebuild roads, streets, highways, together
with such bridges, culverts, ramps, and cuts as may be necessary, on,
over, and across the qround 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 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 --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:
A 40-foot strip of la nd for highway purposes 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 00001'
30'W along the West line of said Section 27, 1999.65 feet; thence S 89'
58' 30" E 2954.33 feet to the centerline of Portage Road, said point
being the true place of beginning; then N 230 16' 15" W along said
centerline 1145.00 feet; thence S 660 43' 45" W 40.00 feet; thence
s 230 16' 15" E, 1127.78 feet; thence S 890 58' 30" E, 43.55 feet to
the place of beginning.
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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.
OWNER ;�
PORTALS! PLA E APARTMENTS, SECTION II
To /4 ,3 -T- P/gri 1
TITLE:
PP-FPFST.
JOSEPH COUNTY }
STATE OF INDIANA ) SS.
7811806
Before me, a Notary Public, in and for said County and State,
personally appearded John T. Phair, a_rtnAr
1� ,_ Qf PnrtaApartments
Section I
, who acknowledged the execution of the
above and foregoing instrument and easement as _ his free and voluntary
act and deed this gth day of j ;"" , 1978,
My Commission expires:
7/14/8Q''
ST. JOSEPH COUNTY )
SS:
STATE OF INDIANA }
Jane Kretz ,NOTARY PU C , residing in
St. Jb eph County, Indiana
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Before me, a Notary Public, in and for said County and State,
personally appeared w John T. Phair, partner, of Poltacre Place
Apartments, Section Il
, who acknowledged the execution of the
above and foregoing instrument and easement as __his free and voluntary
act and deed this g th day of Tune , 1978
C
My= Coomrni'ss.n= expi res:
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Jane . Kretz , NOTARY K ICE residing
in S,. Joseph County, Indiana
Prepared by: Thomas J. Brunner, Or.,, City Attorney
4
FILED 1,-CC'D
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