HomeMy WebLinkAbout#1290- Deed; Easement and ROW - St joseph Funeral HomeEASEMENT AND RIGKT-OF-WAY from St.
JosepA Polish Roman Catholic Cemetery
Assoc. Burial Establishment to City
of South Bend, A part of Area 1 as
sAown on tl_e recorded replat of
Belleville- Unit "D", an addition
to the City of South Bend, IN, more
particularly described as follows:
(SEL. EASEMENT)
(ST. JOSEPH FUNERAL HOME
1 � T �z De" uj,"
r
83022U'7 _
EASEMENT AND RIGHT-OF-WAY
In consideration of the sum of r 1.0
t
i"
•i
O
N w
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:
A part of Area 1 as shown on the recorded replat of Belleville
Unit "D", an addition to the City of South Bend, Indiana, more
particularly described as follows:
Beginning at the Northwest corner of said Area 1; thence South along
the West line of Area 1 a distance of 181.63 feet to the true point
of beginning; thence East parallel with the South line of said Area 1
a distance of twelve (12) feet; thence North parallel with the West
line of said Area 1 a distance of twelve (12) feet; thence West
parallel with the South line of said Area 1 a distance of twelve (12)
feet to the West line of said Area 1; thence South along the West
line a distance of twelve (12) feet to the point of beginning.
Containing 144 square feet in South Bend, Portage Township,
St. Joseph County, Indiana.
W
I-vom."
/71- Z
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.
I, U`
the —Co rpooati i
8302207
CORPORATE CERTIFICATION
certify that I am Secretary of
ecuti Vth is Eas�r�ent and Right-of-way agreement:
that / C
half/bf the Co r or tion
that said agreement was
by authority of its gov
powers:
(CORPORATE SEAL)
STATE OF INDIANA )
)SS:
ST. JOSEPH COUNTY )
` who signed this agreement on be -
Os then rest I e n t of said Corporation;
my signed or and on behalT of said Corporation
ning body, and is within the scope of corporate
Secre ry
Before me, a Notary Public in and for the aforesaid County and State
personally appeared Tedy Zmudzinski and Stanley Kandzierski ,
known to be president and Secretary respec ive y o
St. Joseph Polish Roman Catholic Cemetary Ls5Qciation',,
Burial Establishment. Inc. a
who on behalf of said Corporation acknowledged the execution of the above
and foregoing instrument to be its voluntary act and deed.
Witness my hand and Notarial Seal this 10th day of February ,
/1�q / 1983
My Commission Expires:
4/16/86
Notary Public arland Y B l.ev
Res of St: Joe Co' IN
This instrument prepared by Richard Hill, City Attorney.
830ZZ07
iJtp Di,
77
ED 10 2 io
jro:-�PH CO.
111D I A N A
FOR RE' 0,
6
r3o,
, C _ 4ieral 8sY1�nox 3058
d Ir-ilarta 46619
�
South B
en -
8302206
PARTIAL RELEASE OF MORTGAGE
For value received, Sobieski Federal Savings and Loan
Association of South Bend hereby release the following des-
cribed real estate situated in St Joseph County, State of Indiana,
to -wit:
A part of Area 1 as shown on the recorded
replat of Belleville Unit "D", an addition
to the City of South Bend, Indiana, more
particulary described as follows;
Beginning at the Northwest corner of said
Area 1; thence South along the West line of
Area 1 a distance of 181.63 feet to the true
pointof beginning; thence East parallel with
the South line of said Area 1 a distance of
twelve (12) feet; thence North parallel with� m°
the West line of said Area 1 a distance of '� m
twelve (12) feet; thence West parallel with
<�
the South line of Area 1 a distance of twelve >_.;' o
( 12 ) feet to the West line of said Area 1; m �' ��a
cD
thence South along the West line a distance'
of twelve (12))feet to the point of beginning. c
Containing 144 square feet in South Bend, Por-
tage Township, St Joseph County, Indiana.
from the lien of the mortgage from St Joseph Funeral Home, to
Sobieski Federal Savings and Loan Association of South Bend,
recorded June(,20, 1977 in document number 77^ 00109 in the office
of the Recorder of St. Joseph County, South Bend, Indiana, also
recorded April 19, 1978 in document number 7807705 in the office
of the Recorder ofsSt Joseph County, South Bend, Indiana.
It '--eing understood said mortgage shall remain in full force
and effect as to -the remaind-ar of the real estate described in
said mortgage recorded in document numbers 7700109 and'7807705.
STATE OF INDIANA
SS :
COUfi7TY OF ST JOSEPH
SOBIESKI FEDERAL SAVINGS AND
LOAN ASSOCIATION OF SOUTH BEND
M
GERALD R GADACZ,—FR�ESI
Before me, a Notary Public in and for said county and state,
personally appeared the within named Gerald R Gadacz, president of
Sobieski Federal Savings and Loan Association of South Bend, who
acknowledged the execution of the foregoing partial re". -base of
mortgage for and on behalf of the Said Sobieski Federal Savings and
Loan Association of South Bend.
Wi-necs my hand and seal this 9th da f y,
My Commission exp,.i^es 4/16/86 Garland Y Br d ey, Notar Pijlic
This 'nstrument was prepared by Sobieski Federal Savings & Loan
-, -' n " -a nr-esident.
.Saoz2o(;)
;EB 10 2 09 ?P '03
J.
T L; D I
0 R R E C C