HomeMy WebLinkAbout#1190- Deed; Easement and Right of Way - From Slaters to City of South Bend-Part of the SW quarter of the SW quarter of Sec. 33, Twp. 38 N., Range 2 E. (Lucky Steer Sewer)9®
EASEMENT.' AND RIGHT-OF-WAY from
Julia E. Aikens to City of South
Bend in connection with the Orange/
Colfax Connector.
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FSEf,ENT AND RIG�IT-OF-WAY
in consideration of the suwil of One Dollar $L.QQ)
_.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 easemeni;�
and right-of-way, for 'the following purposes namely: The right to enter
upon the herainaftti- described land and grade, level, fill, drain, pave,
build, maintain, re)air, and rebuild roads, streets, highways, togecher
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 repl aci rtc! :nd/or renewing such sewer or other facilities for al 1 pu,-. _),
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both sanitary y and s to;•m sever ground embraced wi t:ii n the r-i ght-of-v dy her•L
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 88 as shown in the recorded plat of Commissioner's
Subdivision of Part of Bank Out Lot 79, St. Joseph County,
South Bend, Indiana, beginning at the Northwest corner
of said Lot, then South along the l•lest property line of
said Lot a distance of 5'; thence Northeasterly to a
point on the North property line of said Lot 88, 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.
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To have and to hold the said easement and right-of-way unto the
Civil City of South Send, Indiana, ,and unto its successors and assigns
forever.
And the said Grantors hereby covenant with the Civil City of
South Send, 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
a5 plural. if and t.�hAn nprprsary: �,hd that urFjprayer ,ipr�lc nF pe if.Ar nnnrinr
are employed, they will likewise apply to the masculine gender, whenever
the contract requires.
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ST. JOSEPH COUNTY )
} SS:
STATE OF INDIANA
Before me, a Notary
Pub ic, in
and
for said County and State,
personally appeared
Julia
E.
Aikens
who acknowledged the execution of the above
and foregoing instrument: and right-of-way as her free and voluntary
act and. deed this 28th day of February, 1979
1 -
1'1y Commission 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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