HomeMy WebLinkAbout#1181- Deed; Easement and ROW - From General Realty Company, Davis Dr. and Grant St.:#7// $/
EASEMENT AND RIGHT-OF-WAY from
General Realty Company, Davis Drive
and Grant Street.
(SEE EASEMENT)
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EASEMENT AND RIGHT-OF-WAY
In consideration of the sun of ten ($10.00)
--------------------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 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:
Beginning at the intersection of the North
right of way line of Davis Drive and the
West right of way line of Grant Street;
thence North along said West right of -n
way line of Grant Street a distance of,_t�.
130 feet; thence in a Southwesterly direc-
tionto a point in the North right of way
line of Davis Drive (this point being 120 0
feet West of the point of beginning);
thence East along the North right of way
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of Davis Drive I20 feet to the point of
beginning. All in South Bend, St. Joseph
County, Indiana.
To have and to hold the said easement and right-of-way 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
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 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 wherever
in the foregoing
instrumeot 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.
GENERAL REALTY COMPANY,
A PARTNE SHXP
ARTHUR SCHULMAN
PARTNER._
ST. JOSEPH COUNTY )
STATE OF INDIANA SS:
Before me, a Notary Public, in and for said County and State,
personally appeared Arthur Schulman
, who acknowledged the execution of the
above and foregoing instrument and easement as his free
and voluntary act and deed this 12th day of December, 1.97E
My convni ss'ion expires:
Jan. 22, 1979
X,
tdotary Public - David A. Wells,
a resident of St. Joseph County
Thomas J . Brunner, Jr., City Attorney.
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