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Home My WebLink About#1309- Deed; EASEMENT AND RIGHT OF WAY A permanent easement 34' feet wide measured east & west & being the east 34' of the west 54' off the entire west end (Widening of Ironwood Drive)EASEMENT AND RIGHT-OF-WAY from Edward Rose of Indiana (Edward Ravitz) to City or South Bend, A permanent easement 34' wide measured east and west and being the east 3z.' of the west 54' off of the entire west end of the following: (SEE EASEMENT) (WIDENING GF IRONWOOD DR. RECOROER,'S Rra,' v N° Sou end Ind., Received of 4446 /`� 19Y NO. AMOUNT f DEEDS f MORTGAGES MECHANICS LIENS U.C.C. FILING j RELEASES { ASSIGNMENTS POWERS OF ATTORNEY ART. OF INCORP. I PLATS MARGINAL RELEASES I MARGINAL ASSIGNMENTS SCELLANEOUS i COPIESOFTHE FOLLOWING: DEED —No. MTG. — No. f —No. —No. —No. —No. , TOTAL S nL CHECK 5 CASH S REFUND S WANDA A. NOWAK ST. JOSEPH COUNTY RECORDER BOARD OF PUBLIC WORKS NUR -OFFICE MEMO (• DATE September 12, 1983 c , To: David A. Wells, P.E., Manager Bureau of Design & Administration From: Sandra M. Parmerlee, Clerk'��' Board of Public Works �� + Re: Easement - Edward Rose of Indiana At its meeting held today, the Board of Public Works approved and accepted the Easement and Right -of -Way from Edward Rose of Indiana for a parcel of property that will allow the City at some future time to widen Ironwood Drive between Ireland and Ridgedale. We will have the Easement recorded and will provide you with a copy if you desire. Do we need to correspond any further with Edward Rose of Indiana on this matter? If so, please let me know. Thanks Dave. SMP/mp •--.•,.. uII CC C(AbL %na1-1 r rtnr' iuwrisnip. yL. Josepn County Indiana. "� CA 1►3C CD tz, rn Q7 r) C? CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 John E. Leszczynski Director, Public Works Division of Engineering September 8, 1983 Board of Public Works County -City Building South Bend, IN 46601 Gentlemen: (219) 284-9257 Attached is an easement we have secured from Edward Rose of Indiana. This easement is being brought to your attention since a "hold -harmless against the grantor" clause has been added to a rather standard form. It is our opinion that this clause does not depreciate the value of the easement or expose the City to any new or unusual risks. The easement will allow us to widen Ironwood Drive between Ireland and Ridgedale at some point in time. Based on the above, we recommend that you approve and accept this easement. V m y yours, David A. Wells, P.E., Manager Bureau of Design & Administration DAW/mkm Enclosure cc: Carolyn Pfotenhauer Range three east (R3E), Penn Township'. St. Joseph County, Indiana, iP A � %Z7 Yf . �. EASEMENT ANO RI�HT-L)F-WAY i _ In consideration of the sum of One ($1.. oo) -------------- ------------ �.. _ i Qollars cash in hand paid, receipt whereof is ::..hereby acknowledged, the undersigned hereby grant, bargain, sell, 9 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 estatu hereinafter described, at any time that it may see fit, for the purpose oP 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, maintaininns installing, repairing, maintaining, and replacing and/or renewing such sewer or other facilities for all purposes whatsoever, including but not by wad of limitation, drainage structures for both sanitary and storm sewer groun6 ?mbraced within the right-of-way herein- after described, which is located wit in the boundaries of a tract"or parcel of land situated in the County of St. .joseph, State of Indiana, briefly described as follows: A permanent easement 34 feet wide measured east and west and being the east 34 feet of the west 54 feet off of the entire west end of the following described tract of land to wit: The south 217.14 feet of the northwest one -quarter (NW 14) of the northwest one -quarter of Section 29, Township thirty-seven north (37-N), Range three east (R3E) also a temporary construction ease- ment for grading and slope work being the east 28 feet of the west 82 feet off of the entire west end of the above described tract of vw land, all in the northwest one -quarter (NW s;) of the northwest one- kk quarter (NW 4) of Section 29, Township thirty-seven north (37-h),1�`�� Range three east (R3E), Penn Township, St. Joseph County, Indiana. »; D Vi , :J w 1 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. The Grantee hereby agrees to save and hold the Grantor harmless from any and all claims, debts, causes of action or judgments for any damage to property and/or injury to any per- son which may arise out of any construction within or use of said easement areas by the Grantee, its agents, employees, representatives, contractors, successors or assigns. in witness whereof, the Grantor has duly executed this instrument this _al C_ day of 19 83 Edward Rose of Indiana, an Indiana Limited Partnership Edward Ravitz, Age t KALAMAZOO COUNTY MICHIGAN SS: STATE OF Before me, a Notary Public, in and for said County and State, personally appeared Edward Ravi tz , who acknowledged the execution of the above and foregoing instrument and right-of-way as his free and voluntary act and dead this 31s t day of August , lg 83 My Comission Expires: September 2, 1985 R.� BOARD OF PUBLIC WORMS NOtary u c Kathy Sootsman Kalamazoo County, Michigan KATHLEEN E, SOOTSMAN Notary Public, Kalamazoo County, MI My Commission Expires Sept. Z 1985 This instrument was prepared by Carolyn V. Pfotenhauer, Assistant City Attorney, City of South Bend, 1400 County -City Building, South Bend, Indiana 46601 .2 90FO m cj p3� rL3,1,2 FILM N ---: ---- WANDA 1�. tiC',VAK REC.Cl ,«ER SEP 16 9 a2 All , a3 ST. JOSEPH CC-. INDIAN FILED FOR RECG�iE