HomeMy WebLinkAbout#1189- Deed; Easement and ROW - From Hahn to City of South Bend-in connection with the Orange,Colfax Connector.EASEMENT AND RIGHT-OF-WAY from
Charles W. Hahn to City of South
Bend in connection with the
Orange/Colfax Connector.
-W//a%
EASEMENT AND RIGHT-OF-WAY
In consideration of the sum of one Dollar ($1.00)
Dollars cash -in h�.nd 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, for the fo'1-,'G ing purposes namely: The right to enter
upon the herei,iafter descri `,ed 'and ,nd 9vade, 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 crater, 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 purl s..
i ,'!': F„ + n,,+ I,%, �:,. i of i mi+A+; n i!raip ci Lures
„u w.Dt v :r, : i..: 1�'....y _ - a P S�rll%
both sanitary and storm sewer ground embr,ac,d within the right -or -way he,,
after described, which is located tivithin the boundaries of a tract or uar•L'e.
of land situated in the County of St. Joseph, State of Indiana, briefly
described as fctiows:
A tract of land taken off of and from the Northeast
corner of Lot 9 as shown in the recorded plat of the West
End Subdivision, 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
9'; thence Northwesterly to a point on the North property
line of said Lot 9, 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.
X A
r cn
M —�
C
(10
CD
L . ,
•
y
�s
-2-
s:3:�3
To have and to hold the said easement unto the Civil City of South
nd, Indiana, and unto its successors and assigns forever.
And the said Grantors hereby covenant with the Civil City of South -
nd, Indiana, that they are lawfully seized and possessed of the afore -
described tract or parcel of land; that they have a good and lawful right
to sell and convey; that it is free from all encumbrances; they they will
warrant and foreva - d& end the title in quiet possession thereto against
the lawful clainis of all persons whomsoever; and that they and/or their
successors, agents, contractors or assigns warrant that they will not
engage in or authorize any construction or activity of any nature now or
in the future which will inhibit, disturb, or deny the stated purpose to
which the aforedescribed land is to be used.
And the said Grantor acknowledges that this easement is given in ex-
change for the further consideration of reduced storm water retention
drywell requirements.
And as a further consideration for the payment of the purchase price,
above stated, the grantors hereby release all claims for damage, from what-
soever 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 neuter gender are employed,
they will likewise apply to the masculine gender, whenever the contract
requires.
ST. JOSEPH COUNTY )
STATE OF INUTANA SS:
Before nie, a Notary Public, in and for said County and State,
personally appeared Charles W. Hahn
who acknowledged the execution of the ai,ove
and foregoing instrument and riyhi:-of-gray as his free and voluntary
act and deed this 28th day of February, , 1979
My c,,. uia+rission expires
January 22, 1983
Prepared by: Thomas J. Brunner, Jr.,, City Attorney
'C
Notary Public - David A. lief l s,
a resident of St. Joseph County
►.
0 3 � 13