The URL can be used to link to this page

Home My WebLink About#1312- Deed; EASEMENT A part of SW 1quarter Sec. 35 Twp. 38 North, Range 2 east, Portage Twp.om EASEMENT o�rSouthLock-Joint A Tube rt of to City p the S.W.of Sec. 35, Township 38 _gorth, Range 2 East, Portage Township, described as follows: (SEE EASEMENT) John E. Leszczynski Director, Public Works CITY of SOUT171 BEND ROGER O. PARENT, Nlcl}or COUNTY -CITY BUILDING SOUTH BEND. INDIANA 46601 Division of Engineering November 15, 1983 (219) 284-9251 Lock -Joint Tube Company, Inc. 1400 Riverside Drive South Bend, IN 46628 Attention: Mr. Robert Stachowiak Dear Bob: Enclosed is 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. Thank you again for your cooperation. Very tr ly yours, QDWells, P.E.�,.Ma n a g e Bureau of Design & Administration DAW/mkm Enclosure Ch 1, I5� IV 1. V. ,a IC -cl �.. �. vl t,llV LUJL Ul.- -C3k, 1`f IVV[. UI ICy between McCartney Street and King Street. THENCE due west along said alley centerline extension a distance of 131.33 feet to a point, said point being the point of beginning of a description of a parcel of land in said Southwest 1/4 of Section 35, Township 38 North, Range 2 East, Portage Township, St. Joseph County, Indiana. THENCE due North along a line parallel to the East line of Allen Street a distance of 135 feet, THENCE due West 12.67 feet to a point in the East line of Allen Street and the South line of McCartney Street extended Eastward. THENCE due North along the East line of Allen Street a distance of 60 feet to the North line of McCartney Street extended Eastward. 17 31 a EASEMENT AND RIGHT-OF-WAY In consideration of 'the sum -of /D 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 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 centerline of the East and West 14 foot alley between McCartney Street and King Street. THENCE due west along said alley centerline extension a distance of 131.33 feet to a point, said point being the point of beginninq of a description of a parcel of land in said Southwest 1/4 of Section 35, Township 38 North, Range 2 East, portage Township, St. Joseph County, Indiana. THENCE due North along a line parallel to the East line of Allen Street a distance of 135 feet, THENCE due blest 12.67 feet to a point in the East line of Allen Street and the South line of McCartney Street extended Eastward. THENCE due North along the East line of Allen Street a distance of 60 feet to the North line of McCartney Street extended Eastward, THENCE due East along the North line of McCartney extended, a distance of 27.67 feet. THENCE due South along a line parallel to and 27.67 feet East of the East line of Allen Street a distance of 195 feet to a point in the Easterly extension of the centerline of the East and West 14 feet wide alley between McCartney Street and King Street. THENCE due West 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 3685 square feet or .0846 Acres. �X ' � a m cza rrjoC-,) O Cl 0-) ' I } �J y I —�' 7 ' C- rD 3 C:7 m 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. -2- CORPORATE CERTIFICATION I , o A,vz� '54CVr6Cu„�/__ certify that I am Secretary of the Corporation executing this Easement and Right-of-way agreement: that 0000Ce ,¢ who signed this agreement on be- half of the Corporation was then 2��,de,, of said Corporation; that said agreement was duly signed —far and on behalf of said Corporation by authority of its governing body, and is within the scope of corporate powers: Secretary ;(QQWRATE SEAL) STATE OF INDIANA ) )SS: ST. JOSEPH COUNTY ) Before me, a Notary Public in and for the afo esaid County and State personally ap eared �� `„ �}DK and �� '� i `( known to be �0,�C,k!7,K ti and Secretary respectively o who on behalf of said Corporation acknowledged t e execution of the above and foregoing instrument to be its voluntary act and deed. Witness my hand and Notarial Seal this 5` day of OC�O UR 7 9z:� tary Public s,%R^1-1 K. score, My Commission Expires ��-3�—�LQ A P.e<_idc.nt of S. Joseph County, 'On Expires 10-31.1986 1933 BOARD bf Vd1ILR; q�eic,a SAI49RA 51. pAgjZErii.EE, Clerk -3- ' ( 099- 69) 90� 01 cy, e QIS--r N3'1��' `tom L (R A. AIN I' 06 a o9 : 6b'd� I. Zo MM 69 FL 09 a- ZVI moo' g? 5�1 96 I S9 1 I L6 v9 Gel — L'+ 8 1 S?1 LEI L61 �, 631 9E1 6G �' �- LS - I96 c cL 1 07 va C J 01 S61 i I�1Y+ I t�i o� ; loin OR - 6S 1I I Zo1 6L os Z 6 7f•+ r pil 76 bs/ ia1 ibol LL a I � I 1(51 Sr 0151 9LI �:' 901 k �x I 7 1 t t' I 3 Z1 c L� I t'+ 4 I` S`7 I g1 ^�' .?sr �r P -1----� 'i LFt ` GL i2f - bl JI �✓ L L9 - ? Lr' V-a��~^` .. �, 1cc.J I �dl ..1 c el+ .>r yr •r -Na1 j�� y JG ',l�/1 I 1 I! •I J 1 ZLO r I� Ld S9 = mil • ddf r•!i, I h:. jl :. O dt. Zm a :' � • S L/ rrii f � I� 1� r 47 h rp � i - I ELSs: I � V - �� co ' Z /cam• Y c j M �. 1 r - _-0� i NOSa3oNd THENCE due west along said alley centerline extension a distance of 131.33 feet to a point, said point being the point of beginning of a 1 description of a parcel of land in said Southwest 1/4 of Section 35, Township 38 North, Range 2 East, Portage Township, St. Joseph County, Indiana. THENCE due North along a line parallel to the East line of Allen Street a distance of 135 feet, THENCE due blest 12.67 feet to a point in the East line of Allen Street and the South line of McCartney Street extended Eastward. THENCE due Borth along the East line of Allen Street a distance of 60 feet to the North line of McCartney Street extended Eastward. FILM NC. WANDA Nu',-t�/AK R E C. R, OCT31 2 49 PP '83 ST. 10 SE, f--,; 1 c G, FILED FOR RE"O'-"D