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HomeMy WebLinkAbout#1248- Deed; EASEMENT AND RIGHT-OF-WAY from Lester Replogle and Ferne Replogle to City of South Bend. (SEE EASEMENT) (RE, CLEVELAND SEWER)'pia v� EASEMENT AND RIGHT-OF-WAY from Lester-�ePlogle and Ferne Replogle to City of South Bend. ( SEE EASEMENT) 14 c, 04- 1 vG /c 0 CITY ®f SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 i.n _ BOARD OF PUBLIC WORKS Patrick M. McMahon, P E-, Prealdcnt Richard L, Hill Josoph E. Nornan Mr. & Mrs. Lester Replogle 16550 Roosevelt Wyatt, Indiana Dear Mr. & Mrs. Replogle: June 19, 1980 Enclosed is the Easement from you to the City of South Bend. The Easement has now been recorded and this copy is for your records. Very truly yours, BOARD OF PUBLIC WORKS Barbara J. Byers, Clerk BJB/mm Enclosure r Olive Road a distance of 50.06 feet, said point tieing the -P. true point of beginning; thence further north al6nn the east right-of-way ,/ line of Olive Road a distance of 1026 feet more or less to the south right-of-way line of Prick; Road; thence Y east along the south right -of --way line of Crick Road a distance Of 1 5 nn feet; thence south alone a line parallel to and 15 feet east of the east right-of-VIa'y line of Olive Road a dis- tance of 1026 feet more or less to a point on an existing eastment andfiftemfeet east of the point of beginninn; thence west along an existing eastment a distance of 15.00 feet to the true point of beainnine. All in the northwest One Quarter (1/4) of Section 1p, Township 38 north, Ranne 2 East, nerman Township, St. Joseph County, Indiana. 219/284-9412 soug.)00 3 Iay� F1�SEi�Tfi Gfi i -OF-MAY In consideration of tA2 sum of r RETO DU r JL,'i 3 .: -9 P i s ' 60 ST. JO::_Pi I N !_0 1% FILED FOR FECC?D One ----------__ Dollars cash in hand paid, roceipt whereof is hereby acknowledge;, the !undersigned hereby Zrant, 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 lard and grade, level, fill, drain, pave, build, maintain, repair, and rebuild roads, streets, highways, together sith such bridges, culverts, ramps, and cuts as may be necessary, on, over, and across the ground owbraced 0 thin 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 sale 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 Joth 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 situaten in the County of St. Joseph; State of 1. diana, briefly described as follows: Commencing, at the northeast corner of Section 19, Township 38 Horth, Ranee 2 Fast, German Township, St. Joseph County, Indiana; 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 2,640.00 feet more or less to a point in the north -south centerline of said Section 19 and the east property line; thence Further west along a line 1,nQF,03 feet south of and parallel to the north line of said Section 19, a distance of 1,300.00 feet more or less to the east right-cf-way line of Olive Road; thence north along' the east right -of -away line of Olive Road a distance of 50.00 feet, said point heinp the true point of beginning; thence further north alonq the east right-of-way line of Clive Road a distance of 1026 feet more or less to the south right-of-way line of Prick Road; thence a east along the south right-of-way line of Brick Road a distance of 100 feet; thence south along a line parallel to and 15 feet east of the east right -of -gray line of Olive Road a dis- tance of 102E feet more or less to a point on an existing eastment andfifteeifeet east of the point of beginning; thence wrest along an existing eastment a distance of 15 .00 feet to the true point of beginning. All in the northwest One Quarter (114) of Section 19, Township 38 North, Range 2 East, nerman Township, St. Joseph County, Indiana. I 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, l.ndiana, 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 encum4rances; 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 seated, 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, vlhen�-ver the contract requires. OJ305:3 ! COUNTY ) SS: ANDIANA ) _3- Before one, a Notary Public, in and for said County and State, personally appeared -Lester Replogle and Ferne Replogle ti,na acknowledged the execution of the above and foregoing instrument and easement as _ their---_—_— - free and volan -ary -ict and doed this 5th -—day of __.June, 1980— . P9y ;ognjission expires: kA .63-o0Q, March 16. 1984 �rotary f�u3�lie Donald M. Wroblewski � a resident of St. Joseph County, Indiana > Prepared by: Richard Hill, City Attorney.