HomeMy WebLinkAbout#1331- Deed; EASEMENT From Martin's Realty Co. to City of South Bend, a tract of land in NW quarter Sec. 2 Twp. 37 N. Range 2 E. Portage Township (Portage & Elwood)EASEMENT - from Martin's Realty Co.
to City of South Bend.
(PORTAGE & ELWOOD)
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IN CONSIDERATION OF THE SUM OF TEN DOLLARS ($10.00) CASH, RECEIPT OF WHICH
IC HEREBY ACKNOWLEDGED, THE UNDERSIONED ORANTOR HEREBY GRANTS TO THE CITY
OF SOUTH DEN0 AN EASEMENT FOR THE FOLLOWING PURPOSES: THE RIGHT TO ENTER
UPON THE LAND DESCRIBED HEREIN AND ORADE, LEVEL, FILL, MAINTAIN AND REPAIR
STORM WATER RETENTION FACILITIES EMBRACED WITHIN THE EASEMENT AS MAY BE
REASONABLY NECECSARY FOR STORM SEWER PURPOSES. THE DURATION OF THE
EASEMENT SHALL CONTINUE UNTIL SUCH TIME AS THE GRANTOR, OR ITS SUCCESSORS
OR ASSIGNS OLIVER TO THE CITY OF SOUTH BEND AN EASEMENT GRANTING THE CITY
OTHER LAND OR ADDITIONAL FACILITIES ADEQUATE TO REPLACE THIS EASEMENT,
WHICH LAND OR OTHER FACILITIES SHALL PROVIDE STORM WATER RETENTION
FACILITIES WHICH CONFORM TO THE THEN EXISTING BUILDING CODE OF THE CITY OF
SOUTH BEND AND WHICH CONSTITUTE A REASONABLE REPLACEMENT FOR THIS EASEMENT.
THIS EASEMENT IS LOCAT[D WITHIN THE BOUNDARIES OF A TRACT OF LAND SITUATED
IN THE COUNTY OF ST. JOSEPH, STATE OF INDIANA, DESCRIBED AS FOLLOWS:
A TRACT OF LAND IN THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 37
NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST.
JOSEF�| COUNTY, INDIANA, SAID TRACT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:OV
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER;
THENCE SOUTH 20 FEET TO THE SOUTH LINE OF ELWOOD AVENUE; THENCE
EAST ALONG SAID SOUTH LINE, 975 FEET; THENCE SOUTH 094.17 FEET;
T(UENCE EAST, 50.00 FEET TO THE TRUE PLACE OF BEGINNING; THENCE
SOUTH 20() FEET TO A POINT 10 FEET DISTANT, MEASURED NORMAL TO THE
NORTHERLY OF LINE OF THE CHICAGO. lNDIANA AND SOUTHERN RAILROAD
COMPANY'S RI8HT-OF-WAY; THENCE NORTHEASTERLY ALONG SAID
RIGHT-0E-WAY, 243 FEET TO A POINT 914.17 FEET SOUTH OF THE NORTH
LINE OF SAID NORTHWEST QUARTER; THENCE WEST 46 FEET; THENCE NORTH
145 FEET; THENCE WEST 20 FEET; THENCE SOUTH 145 FEET; THENCE WEST
72 FEET, MORE OR LESS TO THE PLACE OF BEGINNING.
THE SPECIFIC LOCATION OF THIS EASEMENT IS SHOWN ON THE ATTACHED DRAWING
MARK[DEXHI81) "M"
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THE GRANTuR HEREBY COVENANTS THAT IT IS LAWFULLY oczzco Mwo POSSESSED OF
THE AFORESAID TRACT OF LAND: THAT IT HAS A GOOD AND LAWFUL RIGHT TO SELL
AND CONVEY; THAT IT IS FREE OF ALL ENCUMBRANCES EXCEPT MORTGAGES, RIGHTS
AND RESTklCTIONS OF RECORD; THAT IT WILL WARRENT AND FOREVER DEFEND THE
TITLE IN QUIET POSSESSION THERETO AGAINST THE LAWFUL CLAIMS OF ALL PERSONS
W|0M30EVERY AND THAT IT, OR ITS SUCCESSORSY AGENTS, CONTRACTORS, OR ASSIGNS
S 419817
14,11 MAkiT THAT 'I"HEY WILL NOT ENI GAGC IN cn AUT11OR I ZE ANY +_:� ihd:_,TR�_�+ T I r�N OR
A1="I-TVITY !_!,r(f)NY NATURE NOW OR IN THE FL!T!_!RE WHICH WILL INH-1IBIT, DI:=3TURD, OR
Iil�i�ll 1l ll= a"�i'FF t"+ F"i_?RF;DSE FOR WHI+_H T11I:= EA_'EMCNT I' GIVEN.
GRANTOR AC :NI0Wl._E] n E,_7: TH-IAT THtI' EASEMENT IS GIVEN IN EXCHANGE F O TI--IE FURTHER
C:ON _; I DERAT" I ON OF E"iEDUC:ED STORM WATER RETENTION DRYWELL RED!!-! I REMENT'
MARTIN ' _3. REOLTY C:+=+. I ND I ANA PARTNER _ I -I I P
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TIC n R .
STATE OF INDIANA
COUNTY OF T . .IC E:=;EH H )
BEFORE ME. ---_ - ! �=�`�� ---� -- � Tll I S : 9,//45zt DAY OF
PER'73ONALLY APPE,-ARE%+f'AF;TNER +�f h1ARTIN'r REALTY Co.
I ND I ANA PARTNERSHIP. AND Ai�h::I�It +I Jl_CD+= EL+ TI IC EXEC:UT I i_iN +=iF TH-IE FOREGOING
INSTRUMENT.
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GGN�liAL�So�i=S - "�-Ns_�TARY-PUBLIC:
RE:.31DENT OF ST. -J[__f:::;EPI-i COUNTY, IN
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THIS INSTRUMENT UMENT PREPARED BY MART I N't-D REALTY CO.
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DORRD 0f PUBLIC WORKS
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LARRY E. VANOSDOL
AND ASSOCIATES
ISWE® LAN® SURVEYORS
SUITE 601 . 120 WEST LASALLE AVENUE
SOUTH BEND, INOIANA • 46601
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EXHIBIT "A"
RETENTION BASIN EASEMENT IN THE NORTHWEST
QUARTER OF SECTION 2, TOWNSHIP 37 NORTH,
RANGE 2 EAST, CITY OF SOUTH BEND, ST.
JOSEPH COUNTY, INDIANA.
DRAWN ,BY SCAIE I DATE
HDB I" = 60' 02/24/84
9419817
FILM 1,10,
WANDA
SEP 3
SIF. J.,-)SEI
7 N D I Ali A
FOR it '%w
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