HomeMy WebLinkAbout#1186- Deed; Easement and ROW - From Clifton Hurd to the City of South Bend-in connection with the Orange,Colfax Connector.EASEMENT AND RIGHT-OF-WAY
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In consideration of the sum of One Dollar ($1.00)
Dollars cash in hand paid, receipt whereof is 34'
hereby acknowledged, the undersi ned hereby "
g y grant, bargain, sell, convey,
transfer, deliver unto the Civil City of South Send, 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 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
!!hatsoever, _ i nr7>>rli no h!it not hu wav of gtri!rt!,n-eS F.)r
both sanitary and storm sewer grtound embr:cud within the right-of-way her•ei r-
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, bric-11y
described as follows:
A tract of land taken off of and from the Southeast corner of Lot
10 as shown in the recorded plat of the West End Subdivision, St.
Joseph County, South Bend, Indiana, beginning at the Southeast
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 10, 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.
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Civil City of South bend, Indiana, and unto its successors and assigns
forever.
k
e 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 tit -IL, 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
wheia nct- sbaiy, 'ai.d wherever vmrds
of incutor
gond�r
are employed, they will likewise apply to the masculine gender, whenever
the contract requires.
cG.i.,C-refl D
7S ~' a- 0
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STP JOSEPH COUNTY )
SS:
STATE OF INDIANA )
Before nee, a Nutar'y Public, in and for said County and State,
personally appeared Clifton Hurd
, who acknowledged the execution of the aLove
and foregoing instrument and right-of-way as his free and voluntary
act and deed this 28th day of February, 1979
My conuiiission 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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