HomeMy WebLinkAbout#1231- Deed; Easement -from MCR Development Partnership- (CLEVELAND ROAD SEWER PROJECT)-# /4:X3
EASEMENT AND RIGHT-OF-WAY from
MCR Devel.on,nent Partnership -
(CLEVELAND SEWER PROJECT)
BOARD OF PUBLIC WORKS
Patrick M. McMahon, P-E., President
Thomas J. Brunner, Jr.
?cter X. Mullen
CITY Of SOLITH B EN.D
PETER J. NrMETH, Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDiANA 46501
219/284-9412
October 2, 1979
MY. I, aes P. Conboy, Jr.
Lar d. a,, k of Indiana, Inc.
513 1. Michigan Street
South Bend, Indiana
Dear Mr, Conboy:
Enclosed are the recorded copies of the easp!Aents
Laranted to the City of South Bend by Lester 0. and Fierr_e
M. Replogle, MCR Development Partnership and North
Central Indiana Development Partnership.
Very truly yours,
BOARD OF PUBLIC WORKS
0
Patricia DeClercq, Clerk
PDC/mp
Enclosures (3)
a distance ot 315 teet more or less to ine east properly
line; thence south along said east property line a distance
of 50 feet to the point of beginning, all in the northeast T„
One Quarter (1/4) of Section 19, Township 38 North, Range _
2 East, German Township, St. Joseph County, Indiana.
79�0004
EASEMENT AND RIGHT-OF-WAY
In consideration of the sum of One
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 hereinafter 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:
Commencing at the northeast corner of Section 19, Township
38 North, Range 2 East; thence south along the east line
of said Section 19 a distance of 1,096.03 feet; thence
west along a line 1,096.03 feet south of and parallel to
the north line of said Section 19 a distance of 1,322.50
feet more or less to the east property line and the point
of beginning; thence west along a line 1,096.03 feet south
of and parallel to the north line of said Section 19 a
distance of 315 more or less to the east right-of-way line
of the U.S. 31 Korth By-pass; thence north along the said
east right-of-way line of the U.S. 31 North By-pass a
distance of 50 feet; thence east along a line 1,046.03 feet
south of and parallel to the north line of said Section 19
a distance of 315 feet more or less to the east property
line; thence south along said east property line a distance
of 50 feet to the point of beginning, all in the northeast..,
One Quarter (1/4) of Section 19, Township 38 North, Range
2 East, German Township, St. Joseph County, Indiana.
Grantors shall have the right to change the location of t}
ad easement, reserving to grantees adequate access to sewer
water pipes and lift station. There shall be no "hook-up" cha
or "tap" charges to these sewer sd
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 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.
MCR Development Partnership
C_ \
Davit3 L. Ma ki ws,
Japes P. Conboy, Jr.
�
1
1 1
'
,.
i '�
4
i
�
..
��
:C5,