HomeMy WebLinkAbout#1229- Deed; Easement and ROW - from Lester O. Replogle and Ferne M. Replogle - (CLEVELAND ROAD SEWER PROJECT)i
EASEMENT AND RIGHT-OF-WAY from
Lester 0. Replogle and Ferne M.
Replogle -
(CLEVELAND ROAD SEWER PROJECT)
792
EASEMENT AND RIGHT -of -WAY
In consideration of the sum of One
Dollars cash in hand paid, receipt whereof
1 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 to embrace 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 sewer and storm sewer ground embraced within the right-of-
way hereinafter 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:
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Commencing at the northeast corner of Section 19, Township'
38 North, Range 2 East, German Township, St. Joseph County,
Indiana; thence south along the east line of said Section 19
a distance of 1,096.03 feet; thence west along a line 1,096.03
feet south of and parallel to the north line of said Section
19 a distance of 2,640.00 feet more or less to a point in the
north -south centerline of said Section 19 and the east property
line, said point being the true point of beginning; thence
further west along a line 1,096.03 feet south of and parallel
to the north line of said Section 19, a distance of 1,300.00
feet more or less to the east right of way line of Olive Road;
thence north along the east right-of-way line of Olive Road a
distance of 50.00 feet; thence east along a line 1,046.03 feet
south of and parallel to the north line of said Section 19 a
distance of 1,300.00 feet more or less to the north -south
centerline of said Section 19, which north -south centerline
is also the east property line; thence south along said east
property line a distance of 50.00 feet to the true point of
beginning. All in the northwest One Quarter (1/4) of Section
19, Township 38 North, Range 2 East, German Township, St. Joseph
County, Indiana.
7%--le'0002
Grantors shall have the right to change the location of road easement, reservingthe
to grantees adequate access to sewer pipes,
water pipes and lift station. There shall be no "
or "tap charges" to these sewer er7v" �`l�hook-up charges
es ,
To have and to hold the said easement and right-of-way unto the
Civil City of South Send, 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.
Lester 0. Rep og
Ferne M. Replogle
STATE OF INDIANA ) SS. ,,• J ~ �f�•
`=G .
COUNTY OF ST JOSEPH) ' ' �-•�
Subscribed and sworn to before mel this 30th day of August 19 �_r
Susan J. Foxy a sesid t ' S't o� �e h
County ''+a1111, .. p
Mu commission expires July 4, 1983.
This instrument prepared by Thomas J. Brunner, Jr., City Attorney
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