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Home My WebLink About#1311- Deed; EASEMENT A part of the SW quarter Sec. 35, Twp. 38 North, Range 2 east, Portage Twp.EASEMENT from Sobenite, Inc. to City of South Be -Lid, A part of the S.W. 4 of Sec. 35, Township 38 North, Range 2 East, Portage Township, described as follows: (SEE EASEMENT) John E. Leszczynski Director, Public Works CITY of SOUTH BEND ROGER O. PARENT, N,Ia�,or COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 Sobenite, Inc. 1026 King Street South Bend, Indiana 46628 Attn: Mr. Jordan Hempleman President Dear Mr. Hempleman: Division of Engineering November 15, 1983 (219) 284.9251 Please find a copy of the easement you provided to us as it was record- ed. In the event questions arise in the future, it may be useful. Again, thank you for your cooperation on this matter. We have advertised for bids on this project and hope a contract and a contractor will be obtained presently with work on the project started as soon as practicable. On a somewhat lighter note bordering on trivia, I have also enclosed copies of the first pages of a Physics text I used in high school. The book has not received good treatment over the years as may be obvious even from the copies. However, the last name is the same as the author's of your math text in your office. The title seems different, tho. In any case, I thought you might be interested. Thank you again for your cooperation. Veryl6rIy yours, David A. Wells, P.E., Manager Bureau of Design & Administration DAW/mkm Enclosure and King Street; ry --PFI 3 J OCT EASEMENT AND RIGHT-OF-WAY r;1� In consideration of the sum ofrA Dollars cash in hand paid, receipt whereof is L.,.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 the Southwest 1/4 of Section 35, Township 38 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, described as follows: Commencing at the Southeast corner of the Southwest 1/4 of said Section 35; THENCE West along the South line of said Section, 176 feet; THENCE North parallel with the East line of the Southwest 1/4 of said Section, 335 feet to the Easterly extension of the center- line of the East and West 14 foot alley between McCartney Street and King Street; E.(k-> ZSI 832098 --W1311 EASEMENT AND RIGHT-OF-WAY In consideration of the sum of LJ'hereby acknowledged, OCT Dollars cash in hand paid, receipt whereof is 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 the Southwest 1/4 of Section 35, Township 38 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, described as follows: Commencing at the Southeast corner of the Southwest 1/4 of said Section 35; THENCE West along the South line of said Section, 176 feet; THENCE North parallel with the East line of the Southwest 1/4 of said Section, 335 feet to the Easterly extension of the center- line of the East and West 14 foot alley between McCartney Street and King Street; THENCE due West along said ext.Pnded alley centerline a distance of 116.33 feet to the point of beginning; THENCE due South a distance of 30 feet; THENCE due East along a line 30 feet South of and parallel to the aforementioned extended alley centerline, a distance of 116.33 feet; THENCE due South 15 feet; THENCE due West along a line 45 Meet South of and parallel to the aforementioned alley centerline, a distance of 131.33 feet more or less to a point 12.67 feet East of the East line of Allen Street; •iJl s THENCE due North along a line 12.67 feet East of and parallel to the East line of Allen Street, a distance of 45 feet to a Point in the aforementioned extended alley centerline; THENCE due East along said extended alley centerline a distance of 15 feet to the point of beginning, all in the City of South Bend, Portage Township, St. Joseph County, Indiana. Containing 2420 square feet or .055 Acres. c _n A- —; t: w r� m 0 c3 CD CD 71 CD L� {.3 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, 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 8.32098 THENCE due North along a line 12.67 feet East of and parallel to the East line of Allen Street, a distance of 45 feet to a point in the aforementioned extended alley centerline; THENCE due East along said extended alley centerline a distance of 15 feet to the point of beginning, all in the City of South Bend, Portage Township, St. Joseph County, Indiana. Containing 2420 square feet or .055 Acres. i I O T+ moo oocn � s•�.1 1J M,� 7. c/ 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 aro oms�ioyad, tF,cy will l ikcw-ioa apply [o cY,l mubcuT7ne gender, wherever the contract requires. 8320955 CORPORATE CERTIFICATION I, Pcertify that I am Secretary of the Cor orat'on executing this Easement and Right-of-way agreement: that �i .L ,/�C�wG�yl w o s' ned this agreement on be- half o the Corporation was ten ? of said Corporation; that said agreement was duly signed or and on behaTf of said Corporation by authority of its governing body, and is within the scope of corporate powers: Secret ry , .t6#tAT SEAL) SSASI OF INDIANA ) )SS: ST. JOSEPH COUNTY ) Before me, a Notary Publ'c in and for the aforeseountt a State G' personally appea d a� �,,,� and VIA,> knoQ toj. be '- and Secretary r spective y of who on behalf of said orporation acknowledged the execution of the above and foregoing instrument to be its voluntary act and deed. Witness my hand and Notarial Seal this ohs day of 6e:t� 19,23 ary Public ---w JUNt f-Kin -- NOTAItY PUBLIC STATE OF INDIANA My Commission Expires: FAYEM CQ. —My RE -M R�TSsEF6-j$5UED THRU INDIANA NOTARY &50Q, 211883 BOARD OV PA �Ei�I.EE,��lerk SAND�CA ��. or oil- �u I Fob L Sr II'i " Cor . 9az 091 fil - - T — — r— SO Z 191 cc '�- --- -9 l o-o _ z91 1 •I Err F . 26 a- 1 cOt f•9+ E j ZhI 1 N I i6 71, -Zoz Q 3 V,-1 ; I rvr ° i. bs OYI � 6S1 96 SEr L6 I LEI &6 9 c i 56 I SEr � � 001 f } s61 ar, T IL1 71. r o yr_ z -LI 9L1 69 99 L8 98 SB to sa O_R 6L 8L LL 9L SL a I o9 IP 6 P N OS zsN 1 r r P or rq 4'1 8 _ •r, rt'1 L Sr 9r X 9 S L1 3 2 (K31 FILM NC. WANDA A. No'NAK R 10 0 1 N'DE. R OcT 31 2 u M" '83 ST. JOSEPH Co. THDIANA u F LE" FOR NMI 0