HomeMy WebLinkAbout#1187- Deed; Easement and ROW - From Ogorek to City of South Bend-in connection with Orange, Colfax Connection (The O'Brien Corp.)c
EASEMENT AND RIGHT-OF-WAY from
The O'Brien Corporation to City
of South Bend in connection with
the Orange/Colfax Connector.
EASEMENT AidD RIGHT-CF-WAY from
The O'Brien Corporation to City
of South Bend in connection with
the Orange/Colfax Connector.
Q�03341 -P- // 37
EASEMENT AND RIGHT-OF-WAY
In consideration of the sure of One Dollar 1.00
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 easement
and right-of-way, for the following purposes namely: The right to enter
upon the hereinafter described land and grade, level, fill, drain, pave,
build, maintain, repair, and rebuild roads, streets, highways, together
with such bridges, culverts, ramps, and cr.its 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,
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and replacing and/or renewing such sewer or other facilities for all purposes
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both sanitary and storm sewer ground embraced within the right-of-way here 7i-
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 Southwest corner of
Lot 19 as shown in the recorded plat of the College Grove,
St. Joseph County, South Send, Indiana, beginning at the South-
west corner of said Lot, then North along the 4-lest property
line of said Lot a distance of 5'; thence Southeasterly to a
point on the South property line of said Lot 19, which point
is 5' East of the point of beginning; thence West 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 unto the Civil City of
Bend, Indiana, and unto its successors and assigns forever.
And the said Grantors hereby covenant with the Civil City of Souk_Ii
Bend, Indiana, that they are lawfully seized and possessed of the aforelT
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
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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 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 o-� anv of the rights herein grant.2c'
from the beginning of the world until this date.
It is understood and agreed by the parties hereto, that where"Rr in 1:ii
foregoing instrument the singular number is used, it will be read as plu
if and when necessary, and that wherever words of neuter gender are Em!"'UYO
they will likewise apply to the masculine gender, whenever the cont!•a_r
requires. THE O'BRIEN CORPORATION
L. 0. Carter
2L_1
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TITLE: Purchasing Director
CORE CERTIFICATION
I , R. E . Ogorek ASSf0�11
the Corporation executing t}'is Easement andertify Right-ofaway agree 1ent: ry of
L;,d L. o. Carter who signed this agreement on be -
ha l F of the Corporation was then Purchasing DireetqDif said Corporation;
that said agreement was duly signe- ^for an on eia f of said Corporation
by authority of its governing body, and is within the scope of corporate
powers:
E O'BRIEN CORPORATION
/ ?�� R . E . Ogorek
5_�5s1.t�T'-Secretary
(CORPORATE -SEAL)
STATE OF 1NDIANA )
)SS:
ST. JOSEPH COUNTY )
Before me, a Notary Public in and -for the aforesaid County and State
personally appeared L.O. Carter and R.E. Ogorek
known to be Purchasing Director and Secretary respectively of
THE 01BRIEF CORPORATI('N
who on behalf of said Corporation acknowledged the execution of the above
and foregoing instrument to be its voluntary act and deed.
Witness c.y hand and Notarial Seal this 28th day of February
1979 -
Notary ublic --David A. Wells, a
resident of St. Joseph County.
My Commission Expires: Jan. 22, 1983
This instrument prepared by: Thomas J. Bruner, Jr., City Attorney