HomeMy WebLinkAbout#1198- Deed; Easement and ROW - From Taylor & Dungey to City of South Bend-in connection with the Orange,Colfax ConnectorEASEMENT AND RIGHT-OF-WAY from
Thomas Z. Taylor & Julia Dungey
to City of South Bend in connection
with the Orange/Colfax Connector.
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EASEMENT AND RIGHT-OF-WAY
In consideration of the sum of _-- nn)
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 desci-41,fd 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
rsoa..c,li+' r)n drainane ,tru,; f;wes 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, briefly
described as follows:
A tract of land taken off of and from the Northeast corner
of Lot 14 as shown in the recorded plat of the Stover's
Subdivision of Sank Out Lot dl, St. Joseph County, South Bend,
Indiana, beginning at the Northeast corner of said Lot, then
South along the Fast property line of said Lot a distance of
5'; thence Northwesterly to a point on the North property line
of said Lot 14, which point is 5' West of the point of begin -
nine; thence East a distance of 5' to the point of beginning.
All in the Northwest One Quarter (1/4), Section 10, Township
37 North, Range 2 East, -Portage Township, St. Joseph County,
Indiana.
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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 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
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as plural, if and wi,An necessary, L-,d that �Aerever ::ord, of neuter g"C:d�-•r"
are employed, they will likewise apply to the masculine gender, whenever
the contract requires.
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ST. JOSEPH COUNTY )
STATE OF INDIANA SS:
Before me, a Notary Public, in and for said County and State,
personally appeared Thomas E. Taylor & Julia Dungey —�
who acknowledged the execution of ttie <jl,uve
and foregoing instrument and, right-of-way as .their free and voluntary
act and deed Lhls 28th day of --February, 1979.
My Commission expires
January 22, 1993
Prepared by: Thomas J. Brunner, Jr.,, City Attorney
Notary Public -- David A. dells,
a resident of St. Joseph County
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