HomeMy WebLinkAbout#1192- Deed; Easement and ROW - From McFarland to City of South Bend-in connection with the Orang,Colfax Connector.-0+lr(�a-
BASEMENT AND RIGHT-OF-WAY from
Pauline McFarland to City of
South Bend in connection with
the Orange/Colfax Connector.
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EASEMENT AND RIGHT-OF-WAY f'
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In consideration of the suin of One_ Dollar_(_$1,00)
hereby acknowledged,
_Dollars cash in hand paid, receipt whereof is
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 herei naf ter descri 5nd l Find and ;rare' 1 evel , fi 1 i , drai n, 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 purpose:
woa•tsoever, lnciuding buz no, �f ' I t.C1LIU113 UICtIII(A C S .i'U Lui':�
both sanitary and storm sewer ground embraced within the right-of-way her---:in--
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 17 as shown in the recorded plat of the Studebaker
and Hines Subdivision of Part of Bank Out Lot 00, St. Joseph
County, South Bend, Indiana, beginning at the Northeast
corner of said Lot, then South along the East property line
of said Lot a distance of 5'; thence Northwesterly to a
point on the North property line of said Lot 24, 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-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 acid when necessary, end that wherever words of neuter gender
are employed, they will likewise apply to the masculine gender, whenever
the contract requires.
SL JOSEPH COUNTY )
STATE OF INDIANA
Before me, a Notary Public, in and for said County and State,
personally appeared Pauline McFarland
vrho acknowledged the execution of the above
and foregoing instrument and right-of-way as her
. free and voluiit«rY
act •,and. fleed t1jis 28th day uF —February, 1979
fir..
'e6.1u11ission expires
January 22, 1983
Notary Public - David A. Wells,
a resident of St. Joseph County
Prepared by: Thomas J. Brunner, Jr.,, city Attorney
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