HomeMy WebLinkAbout#1154- Deed; Easement and Right of Way- Maple Lane Assoc. to City of South Bend-Utility Easement 7.5' either side of a lineEASEIvIEA:T AND RIGHT-OF-WAY from
Maple Lane A3sociates, Phase Z,
to City of South Bend, Utility
Easement 1.5 feet either side
of a line described as follows:
(SEE EASEI'IENT)
LASEMENT AND RIGHT-OF-WAY
In consideration of the sum of Una Dollar (,:1e010) C
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 her-inafter described land an,J 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, includifig 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 pit -poses
both sanitary and storm sew( r ground embraced ti;i t:iin the rioA-of-way Ili 1-e"h-
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, briefly
described as follows:
UTILITY EASEMENT - 7.5 feet either side of a line described as follows:
Commencing at the northwest corner of Section 27, Township 38 North,
Range 2 East, St. Joseph County, Indiana; thence S 000 01'30" West
along the West line thereof, 1918.65 feet; thence S 890 56' 30" East,,
40.00 feet to the true place of beginning; thence continuing S 89°
58' 30" East, 69.06 feet to the common line between tracts 3 and 4
of Maple Lane Fours; thence North 53' 34' 50" East along said line
and the extension thereof, 166.66 feet to its intersection with the
extended common line between,tracts 6 and 7 in said Maple Lane Fours;
thence S 890 58' 30" East albng said extended line and along said line
itself, 219.37 feet to a point 7.5 feet East of the East line of said
tracts 6 and 7; thence S 00* 01' 30" West, 180.00 feet to the terminus
of said description.
r
To have and to hold the said easement and right-of-4ray 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 :rill 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 r
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.
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FILED FOi5 RECORD
INDEXED