HomeMy WebLinkAbout#1196- Deed; Easement and ROW - From the Kyles to the City of South Bend-in connection with the Orange,Colfax Connector.EM,
EASEMENT K D RIGHT-OF-WAY from
James H. & Juanita Kyle to
City of South Bend in connection
with the Orange/Colfax Connector.
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EASEMENT AND RIGHT-OF-WAY -# w g .
In consideration of the sum of One Dollar ($1.00
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 Rend, 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 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 purptses
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 Southwest corner of
Lot 25 as shown in the recorded plat of the Studebaker and
Hines Subdivision of Part of Bank Out Lot SO „ St. Joseph
County, South Bend, Indiana, beginning at the Southwest corner
of said Lot, then North along the West property line of said
Lot a distance of 5'; thence Southeasterly to a point on the
South property line of said Lot 25, which point is 5' East of
the point of beginning; thence West 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. Jos -
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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-
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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 pl ur i , i i [xi�u 'vihvi1 Iiece: aaiy, acid L. ,a L wherever viords of neULer gender
are employed, they will likewise apply to the masculine gender, whenever
the contract requires.
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STa JOSFPH COUNTY )
STATE OF INMANA SS:
Before nee, a Notary Public, in and for said County and State,
personally appeared James H. & Juanita Kyle
who acknowledged the execution of the above
and fore(joi ng instrument and right-of-way as their free and voluntary
act and deed this 28th clay of February, 1979
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hiy commission expires
January 22, 1983
Prepared by: Thomas J. Brunner, Jr.,, City Attorney
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Notary Public - David A. Wells,
a resident of St. Joseph County
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