HomeMy WebLinkAbout#1227- Deed; Easement and ROW - from Brethren Care of South Bend, Inc. A TRACT OF LAND IN THE Southwest Quarter of Section 20, Township 37 North, Range 3 East, St. Joseph County, Indiana more particularly described as follows_�_..w„«xw.g. .term•. "^r 117M X^4v I
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EASEMENT AND RIGHT-OF-WAY
n conside
ration of the sum of Ten ($10.00)
Dollars cash in hand paid, receipt whereof is
by acknowledged, the undersigned hereby grant, bargain, sell, convey,
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 and 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 facili-
ties for all purposes whatsoever, including but not by way of lim-itation,
drainage structures for both sanitary 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:
A tract of land in the Southwest Quarter of Section 20, Township 37
North, Range 3 East, St. Joseph County, Indiana, more particularly
described as follows:
Beginning at a point on the West line of said Southwest
Quarter 700 feet North of the Southwest Corner thereof; thence
North 0 degrees 04 minutes 04 seconds West on and along said
West line being also the centerline of Ironwood Road a distance
of 319.84 feet to the Southerly line of a tract of land con-
veyed to Topsfield Development Corporation by instrument recor-
ded in Deed Record No. 67 ' 8, Page 560 in the office of the
Recorder of St. Joseph County, Indiana; thence North 89 degrees
55 minutes 52 seconds East 54.00 feet along sald SouchvrXy a�c;
thence South 0 degrees 04 minutes 04 seconds East parallel to
the West line of said Southwest Quarter 319.55 feet; thence South
89degrees 37 minutes 07 seconds West 54-00 feet to the Point
of Beginning, containing 0.396 acre.
79i91-1-,U
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 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 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 is used, it will be read as plural, if and
when necessary, and that whenever words of neuter gender are employed, they will
likewise apply to the masculine gender, whenever the contract requires.
DATED this, 2 i day of March, 1979.
BRETHREN CARE OF' SOUTH BEND, INC.
By:
Howard R. Goodhew, President
Prepared by Richard L, Mintz, 1221 St. Joseph Bank Building
South Bend, Indiana
r-
APPROW-D
BOARD Of PUBLIC WORKS
M. McMahon
r. Brunner, Jr.
Mullen
CORPORATE CERTIFICATION
1, Charles W. Roemer, certify that I am Secretary of the Corporation exe-
cuting this Easement and Right -of -Way Agreement; that Howard R. Goodhew, who
signed this Agreement on behalf of the Corporation, was then President of said
Corporation; that said Agreement was duly signed for and on behalf of said
Corporation by authority of its governing body, and is within the scope of cor-
porate powers.
Oar:lle, W. Roemer, Secretary
0
COi�ORAig
STATE OF INDIANA
SS:
ST. JOSEPH COUNTY )
Before me, a Notary Public in and for the aforesaid County and State, per-
sonally appeared Howard R. Goodhew and Charles W. Roemer, known to be President
and Secretary, respectively, or Brethren Care of South Bend, Inc.) who on behalf
of said Corporation acknowledged the execution of the above and foregoing
instrument to be its voluntary act and deed.
Witness my hand and Notarial Seal
this g day of March, 1979.
3�bliC
Richard L. Mintz,
Residing in St. Joseph County, Indiana
My commission expires February 10, 1981