HomeMy WebLinkAbout#1188- Deed; Easement and ROW - From Ogorek (The O'Brien Corp.) to City of South Bend-in connection with the Orange,Colfax Connector.Wr
EASEMENT AND RIGHT-OF-WAY from
The O'Brien Corporation to City
of South Bend in connection with
the Orange/Colfax Connector.
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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, se_11, convey,
transfer, deliver unto the Civil Cityof South Bend a permanent easement
and right-of-way, for the following purposes namely: The right to enter
uoon the her-i -af ."ar %inI �i l l �I u� n I • ,
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 -bray, 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
waatsoevnr, InCiu,iing Liz tiGL by wdy
both sanitary and storm sewer ground embraced within the right-of-way herein
after described, which is located within the boundaries of a tract or parce�i
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 28 as shown in the recorded plat of the College
Grove, 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 South property line of
said Lot 28, which point is 9' West of the point of begin-
ning; 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.
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7o have and to hold the said easement 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 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 wil;
warrant and forever defend the title in quiet possession thereto agai.ist-
the lawful claims 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
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.
TITLE:
THE O'BRIEN CORPORATION
L. O. Carter
Purchasing Director
CORPORATE CERTIFICATION
R. E. O g o r e k ASS,` 07"r-
certify that I am Secretary o-F
the Corporation executing this Easel_ilent and Right--of-way agreement:
Lilc�t L. O. Carter
wino signed tn15
half of the Corporation was thenf"., ;, �, � �', ,'- ,<, of said Corporation;
that said agreement was duly signed for and on ehialf of said Corporation
by authority of its governing body, and is within the scope of corporate
powers:
THE O'BRIEN CORPORATION
CR. E. Ogorek
S:°SOWiSecretary
(CORPORATE SEAL)
STATE OF 1N 11n;IA }
)SS:
ST. JOSEPH COUNTY )
Before me, a Notary Public in and for the aforesaid County and State
personally appeared L.O. Carter and a
known to be purchasing Director and Secretary respectively of
_-_ - THE OiBRIEN CORPORATTON
who on behalf of said Corporation acknowledged the execution of the above
and foregoing instrument to be its voluntary act and deed.
W-;L iess my hand and Notarial Seal this 28th day of February ,
197 9
My comill-lssloo XI} 1. cs:
Jan. 22, 1979
o'tdry Pub1 is -David A. Wells, a
res:i.dent of St.Jo seph County
This instrument prepared by! Thomas J. Bruner, Jr., City Attorney