HomeMy WebLinkAbout#1226 - 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, IndianaEASEriENT AND RIGHT -OF --WAY from
Brethren Care of SOTITH BEND, INC.
a tract of land in the southwest
quarter of SEction 20, Township
37 North, Range 3 East, St. Joseph
County, Indiana. (SEE DEED)
M.
EASEMENT AND RIGHT-OF-WAY
In consideration of the sum of
Ten Dollars ($10.00).
Dollars cash in hand paid, receipt whereof is hereby
acknowledged, the undersigned hereby grant, bargain, sell, convey, transfer and
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 facilities for all purposes what-
soever, including but not by way of limitation, draining 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.
Beginning at a point on the South line of the Southwest Quarter
of said Section 20, which is the centerline of Inwood Road, 695.00
feet East of the Southwest Corner of said Southwest Quarter, com-
mencing at the Southwest Corner of said Section 20, thence pro-
ceeding North 89 degrees 37 minutes 07 seconds East 695.00 feet
along the south line of the Southwest Quarter of said Section 20,
said south line being the centerline of Inwood Road, to the true
Point of Beginning; thence North 0 degrees 04 minutes 04 seconds
West 40.0 feet; thence North 89 degrees 37 minutes 07 seconds East,
parallel to said South line and said centerline of Inwood Road
743.69 feet; thence South 0 degrees 04 minutes 28 seconds West
40.0 feet to the centerline of Inwood Road and the South line of
said Southwest Quarter; thence South 89 degrees 37 minutes 07
seconds West along said centerline of Inwood Road and the South
line of said Southwest Quarter 743.69 feet to the Point of Beginning,
containing 0.682 acres more or less.
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.
rt 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 8YA- day of
1979.
0 --
BRETHREN CARE OF SOUTH. BEND, INC.
By: Howard R. Goodhew, President
The First Bank and Trust Company of South Bend, as trustee, hereby consents
to the transfer of rights to the City of South Bend as set out in this Easement
and Right -of -[day.
FIRST BANK AND TRUST COMPANY OF SOUTH BEND
Z/Z
By: .aoHAi r=. ro X Attest 14,
b",c E
ih{15'% UYGlCF�
CORPORATE CERTIFICATION
I, Charles Roemer, certify that I am Secretary of the Corporation executing
this Easement and Right -of -Way; 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.ofr
its governing body, and is within the scope Af corporrte powers.
Charles Roemer, Secretary t
(CORPORATE SEAL)
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 Roemer, known to me to be the
President and Secretary, respectively, of 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. tip'•""
Witness my hand and Notarial Seal this day of u 1979."`
Richard L. Mintz, Not Public
Residing in St. Joseph County, Inaiant-
My commission expires: 2-10-81 ��; •... ..
J
STATE OF INDIANA )
)SS:
ST. JOSEPH COUNTY )
Before me, a Notary Public
in and for the aforesaid County
and State, per-
sonally appeared F.
Pox and Charles A, jalcott
.Inhn
known
to me to be the Vice Pres, & Trust
Officer\and`..`.:..
'. °}'°v
Assistant Secretary
respectively, of First Bank and Trust.Company
Of &015koV
edged
g
execution of the foregoing.
. M.`;.
BOARD OF PUBLIC WORKS
,1.•.�
Helen E. Berg,
Notary. Public
r, �
Residing in St. Jo eph
County, PAi-ana
-r
ick M. My commission expires:
April 12,•1983
McMahon
Prepared by Richard L. Mintz,
n•e r.
- 2 - 1221 St. Joseph
Bank Building,
South
Qto � Tii� � on
Bend, Indiana