HomeMy WebLinkAbout#1150- Deed; Easement and Right of Way- From Zappias to City of South Bend- a permanent easement for highway and street purposes (SW corner of Edison & Ironwood)�'/iS .6
�1�'
EASEMENT AiiEl RT.�_z� -�- Y froma to
Joseph M. and Tina C. Zris permanent
City of South Bend, Apestreet
easement for highway and
purposes more closely descri- YSON
as follows: (S.W. CORNER OF
AND IRONWOOD) (SEE EASEMENT)
BOARD OF PUBLIC WORKS
Patrick M. McMahon, P.E., President
Thomas J. Brunner, Jr.
Peter H. Mullen
CITY of SOUTH BEND
PETER J. NEMETH, Mayor
COUNTY -CITY BUILDING SOUTH BEND. INDIANA 46601
219/284.9412
June 23, 1978
Mr. & Mrs. Joseph M. Zappia
Capri Villa
1357 N. Ironwood Drive
South Bend, Indiana
Dear Mr. & Mrs. Zappia:
The easement granted to the City of South Bend at the
S. W. corner of Edison and Ironwood in South Bend, Indiana
has now been recorded. Enclosed you will find one recorded
copy of the document which has been assigned Deed �1150.
PDC/mp
Enclosure
Very truly yours,
BOARD OF PUBLIC WORKS
r
Patricia DeClercq, Clerk
7812203
EASEMENT Atli) RIGHT -OEM -WAY
In consideration of the sum of One thousand threo hundred and no/70o
(S1,300,01)
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, maintain, 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 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 or parcel
of land situated in the County of St. Joseph, State of Indiana, brieflq
described as follows:
A permanent easement for highway and street purposes more closely described
as follows: Beginning at the point of intersection of the west right-of-way
line of North Ironwood Drive and the south right-of-way' line of East Edison
Road; thence due west along the said south right-of-way line of East Edison
Road a distance of 30.00 feet; thence along a straight line in a southeast-
erly direction to a point 30.00 feet due south of the point of beginning, and
in the said west right-of-way line of North Ironwood Drive; thence due north
along said west right-of-way line of North Ironwood Drive a distance of 30.00
feet to the point of beginning, being a triangular parcel of land taken off
of and from the northeast corner of Lot Number seven (7) in "Wooded Estates",
a subdivision in South Bend, Indiana, as recorded in Book 16, page It,
August 11, 1947 in the office of t[ie St. Joseph County Recorder, all in
Section 6, Township 37 North, Range 3 East, Portage Township, St. Joseph
County, Indiana, containing 450 square feet or 0.01033 acres.
To have and to hold the said easement and right-of-way unto the
Civil City of South fiend, In�iana, 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 lava-
iul right to sell and convey; that it is free from all encumbrances; and
that they will warrant and forever defend the title in quiet pcssessiap
thereto against the lavgful claims of all persons Vllomsoever.
And as a further consideration for the paymQnt of the purchase
price, above stated, the Grantors Hereby release all claims for damage,
from whatsoever cause, incidental to the exorcise Of any of the rights
herein granted, from the beginning of they ►•;orld until this date.
It is understood and agreed by the parti vs hereto, that .}ae► c.vcr
in the foregoing instrument the silIgular number is used, it will rer;d
as plural, if and when necessary, and that rrherever words of noute;r gender
are employed, they will likewise apply to the masculine gender, vIhurluver
the contract requires.
C
r77= -,a_.
`n L' TITLE: _ Z- Ike, -
Joseph M. and Tina C. Zappia
p.•,• ..ilWnry h•...yWnrr.�.r.r...rani-M.u�.�wwy�....•n.•rrr....—.rwW�.rrwww.. ••rw.r.r.�....uy.a,..
ST. JOSEPH COUNTY ) 7812203
SS:
STATE OF INDIANA )
Before nee, a Notary Public, in and for said County and State,
personally appeared Joseph M. Zappia and Tina C. Zappia
who acknowledged the execution of the above
and foregoing instrument and right-of-tiiay as their free and voluntary
act and deed this 12th day of Junegft,1975
My commission expires
Au"st 24, 1980
Notary Publ icHelen M. Walters
This instrument prepared by Thomas J. Brunner, Jr, City attorney.
I
T& 03
c) l
I L -W
1
SOD Ipv
L6
CID
Olt