HomeMy WebLinkAbout#1185- Deed; Easement and ROW - From Portage Place Association to City of South Bend-In connection with Maple Lane Fours.EASEMENT AND RIGHT-OF-WAY from
Portage Place Associates to
City of South Bend in connection
with Maple Lane Fours.
CITY of SOUTH BEND
PETER J. NEMETH, Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
BOARD OF PUBLIC WORKS
Patrick M. McMahon, P.E., President
Thomas J. Brunner, Jr.
Peter H. Mullen
Mr. Sohn T. Phair, Partner
Portage Place Associates
2427 Bow Court
South Bend, Indiana
Dear Mr. Phair:
March 30, 1979
The Easement and Right -of -Way to the City of South
Bend from Portage Place Associates in connection with
Maple Lane Fours has been recorded and one recorded
copy is enclosed.
2191284-9412
Very truly yours,
BOARD OF PUBLIC WORKS
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Patricia DeClercq, Clerk
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Enclosure
east of the soutneasu�-
Lane Fours, Phase I.
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��[)(��JL EASEMENT AND RIGHT-OF-WAy
In consideration of the sum of
Dollars cash in hand paid, receipt whereof is hereby acknowledged, the under. --
signed 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 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
whatsoever, including but not by way of limitation, drainage structures for
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 parcel
of land situated in the County of St. Joseph, State of Indiana, briefly
described as follows:
A 15 foot Utility Easement in the north half of Section 27, Township 38
North, Range 2 East, City of South Bend, St. Joseph County, Indiana
being 7.5 feet either side of a line described as follows:
Commencing at the northwest corner of said Section 27; thence S 00
01' 30" W on and along the west line thereof, 1188.65 feet; thence
S 89 58' 30" E 462.5 feet to the true place of beginning, said
point being 7.5 feet east of the northeast corner of Lot 14 as shown
on the plat of Maple Lane Fours, Phase I; thence S 00 01' 3010 W
along the east line of the plat of Maple Lane Fours, 651.00 feet to
the point of terminus of said easement, said point being 7.5 feet
east of the southeast corner of Lot 7 as shown on said plat of Maple
Lane Fours, Phase I_
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To have and to hold the said easement and right-of-way unto the
L 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 aforedescribed
tract or parcel of land; that they have a good and lawful 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 whatever in
the foregoing instrument the singular number is used, it will be read as
plural, if an when necessary, and that wherever words of neuter gender
are employed, they will likewise apply to the masculine gender, whenever
the contract requires.
TI
ST. JOSEPH COUNTY)
) SS:
STATE OF INDIANA )
Portage Place Associates
Before me, a Notary Public, in and for said County and State,
personally appeared _\-St' a A. - --
, who acknowledged the execution of the
above and £-arY egoing instrument and easement as \_ free
and voluntary act and deed this ��� day of -Q..R kA- \G_i
My com'fili„s'sion. eypyr,es:
Nota y Public
A resident of St. Joseph County
This instrument prepared by: Thomas J. Brunner, Jr., City Attorney.
7905041
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