HomeMy WebLinkAbout#1191- Deed; Easement and ROW - From Williams to City of South Bend-in connection with the Orange,Colfax Connector.;0:�it9t
EASEMENT AND RIGHT-OF-WAY from
C. J. Williams and Lucille
Wiliams 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, copvcy,
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 descri bed 1Z' rid? 2nd gr au�., level , fi 11 , 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
whatsoever, including i ut
both sanitary and storm sewer ground embraced within the right--of-gay hercin-
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 Southeast corner of
Lot 21 as shown in the recorded plat of the College Grove,
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 9'; thence Southwesterly to
a point on the South property line of said Lot 21, which point
is 9' West of the point of beginning; thence East a distance
of 9' 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. k
9
To have and
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 when necessary, and that wherever words of neutn`^ gel dcr
are employed, they will likewise apply to the masculine gender, whenever
the contract requires.
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Before sue, a Notary Public, in and for said County and State,
personally appeared C. J. Williams and Lucille Williams
who acknowledged the execution of Ow aLuvc
and fnr2yoind instrument and right -of -•ray as their free and voluntary
act and deed this 28th day of February, 1979
My cowiission expires
January 22, 1983
Prepared by: Thomas J. Brunner, Jr.,, City Attorney
l
Notary Public - David A. Wells,
a resident of St. Joseph County
7-Q-J'05345