HomeMy WebLinkAbout#1195- Deed; Easement and ROW - From Pulliams to City of South Bend-in connection with the Orange,Colfax Connector.EASEMEN`i AND RIG!-T-OF-WAY from
Eugene & Collie Mae Pulliam
to City of South Bend in
connection with the Orange/
Colfax Connector.
T!_Z? J 5 _R c9,
EASEMENT AND RIGHT--OF-WAY
-0ir9s
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,
a
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-_.-f-_
u,non 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, repair'iFig,
and replacing and/or renewing such sewer or other facilities for all purposes
whatsoever, Mcl ucil ng bu` i�7-L by wdy u-t ural iiaye s
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 Northwest corner of
Lot 24 as shown in the recorded plat of the Studebaker and
Hines Subdivision of Part of Bank Out Lot 80, St. Joseph County,
South Bend, Indiana, beginning at the Northwest corner of said
Lot, then South along the West property line of said Lot a
distance of 5'; thence Northeasterly to a point on the South
property line of said Lot 24, which point is 5' East of the
point of beginning; thence blest 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.
I 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
.as plural: if and vjher? necessary, and that %.%,here�,er Y,nrds of neuter gender
are employed, they will likewise apply to the masculine gender, whenever
the contract requires.
7SO5349
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ST� JOSEI'ki COUtjy )
SS:
STATE OF INDIANA )
Before me, a Notary Public, in and for said County and State,
personally appeared Eugene & Collie Mae Pulliam
who acknowledged the execution of the al;uy
and foregoing instrument and right--of-way as their free and voluneary
act and deed this 28th day of February, , 1979
Ry COHNission expires :
ja.nuary 22, 1983_ ,
Prepared by: Thomas J. Brunner, No, City Attorney
W
Notary Public - David A. hells,
a resident of St. Joseph County
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