HomeMy WebLinkAbout#1193- Deed; Easement and ROW - From Tubervilles to City of South Bend-in connection with the Orang,Colfax ConnectorEASENILNT AND RIGHT-OF-WAY from
Herman & Ida Tuherville to City
of South Bend in connection with
the Orange/Colfax Connector.
EASEMENT AND RIGHT-OF-WAY
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 Bend, a permanent easement
and right-of-way, :-or the following purposes namely: The right to enter
;Lec. %anci and grade, 'level , fi it , 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, rep,.iri,,g,
and replacing aced/or re,iewi ng such sewer or other fac i 1 i ti es for all purlios:.5
whatsoever, including but not by 1-;ay of limitation, drainage structures r_r
both sanitary and storm se►-rer, ground nmhracc; d wi-_,dn the right-of-way herein
after described, which is located �,;ithin 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 Southeast corner of
Lot 1 as shown in the recorded plat of the Oak Grove Addition,
St. Joseph County, South Bend, Indiana, beginning at the South-
east corner of said Lot, then North along the East property
line of said Lot a distance of 5'; thence Southwesterly to a
point on the South property line of said Lot 1, which point is
5' West of the point of beginning; 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-play unto the
Civil City of South Bend, Indiana, ind 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 plura), ii- and when necessary, and that wherever words of neuter gender
are employed, they will likewise apply to the masculine gender, whenever
the contract requires.
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STo JOSEPH COUNTY
STATE OF INDIA14A SS:
Before we, a ffotary public, in and for said County and State,
Personally appeared Herman & Ida Tuberville
who acknoviledged the execution of t!j(: at.uvc
and foregoing instrument and right: -of -way as `their free and voluntary
act .and deed this 28th day of February, 1979
My conuui ssi on expires ram.
January 22, 1983 L.. -
Notary Public David A. Wells,
a resident of St. Joseph County
Prepared by: Thomas J. Brunner, Jr.,, City Attorney
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