HomeMy WebLinkAbout#1349- Deed; SEWER & WATER EASEMENT Part of the SE quarter of Sec. 12, T. 37 N. R. 2 E, Block 6 River Glen PlazaSEWER AND WATER EASEMENT from
Lowes, inc. to City of South Bend,
Part of the S.E. Quarter of Sec.
12, T. 37 N., R. 2 E., City of
South Bend. (SEE EASEMENT)
(BLOCK 6, RIVER GLEN PLAZA)
TO:
FROM:
SUBJECT!
CIT% ATTORNEY 'S OFFICE
M` ER-0FflC.s,; Mt PWO
JOHN E. LESZCZYNSKI DATE:
BOARD OF WORKS DIRECTOR
CAROLYN V. PFOTENHAUER
ASSISTANT CITY ATTORNEY
SEWER AND WATER EASEMENTS
hey
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NOVEMBER 7, 1985
Attached are the sewer and wager easements for new easements
and releases of the old easements on block 6, Ri.verbend Plaza. I am
also forwarding to you a copy of the drawings shoeing the location and
legal descriptions of these easements. Attorney Art Perry prepared the
easements using forms that I supplied to him. He is available at your
convenience to answer any questions that you might have on this matter
so please contact- him if you want to discuss it. They are planning to
close the deal early next week and Mr. Perry has requested that these
easements be put on the agenda for the November 12th Board of Works
meeting. He has also supplied for your information a copy of a
corporate warranty deed showing the transfer of ownership from St.
Joseph Riverbend Development Corporation to RGO Associates.
Please contact me if you have questions.
CVP: jy :E
Attachments
cc* Sandy-PaYlnierlee, .-Clerk
w/o attachiaents
SEWER AND WATER EASEMENT
TODCS
�
In consideration of the sum of One and No/100 ($1.)
c.
I I=Ctp -
Dollar, receipt whereof is hereby acknowledged by the
undersigned, the undersigned hereby grants to the CIVIL CITY of
SOUTH BEND, a permanent easement, including the perpetual right
to install, repair, maintain, alter and operate water mains and
water distribution system and/or sewer or other facilities,
together with the right of ingress to and egress from the said
easement for the purposes of maintaining said water mains, pipes,
vaults, sewers and other equipment incident thereto, in, upon,
over and under the following described real estate located in the
City of South Bend, St. Joseph, State of Indiana, briefly
described as follows:
That part of the Southeast Quarter of Section .12, T. 37
{
N., R. 2 E., City of South Bend, St. Joseph County,
Indiana which is also part of the recorded Plat of
"River Bend Addition" as recorded in the records of
said County which is described as: From the
intersection of the East line of Columbia Street and
.x,
the North line of Monroe Street, measure, N.
/
000-30'-18" W., 293.20 ft. and N. 02°--22'--43" W.,
27.60 ft. for the "true Point of Beginning"; thence, N.
{
750-20'-48" E., 53.95 ft.; thence N. 00°-26'-03" W.,
10.32 ft.; thence S.75"-20'-48" W., 4.39 ft.; thence,
N. 280-95131" W., 151.14 ft.; thence, S. 520-00'-00"
W., 21.32 ft.; thence around a 421.97 ft. radius curve
to the right an arc distance of 150.67 ft. to the end
of a chord which bears S. 140-28'-57" E. and having a
chord distance of 149.87 ft. to the Point of Beginning.
The easement granted hereby is for the benefit of the City
of South Bend for the maintenance of said water and sewer
easements.
The easement hereby granted and all rights, covenants and
restrictions and provisions related to said easement constitute
covenants running with the land and shall be binding upon the
said grantor and be an obligation thereof of every person or
entity now or hereafter having any fee, leasehold or other
interest in all or any Part of the said described real estate.
' '181
To have and to hold the said sewer and water easement 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 lawful 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.
ATTEST:
WEA,
6
Thom J. cCauslin
Its Vice -President -
Corporate Administration
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
OWNER
LOWE'S, INC.
A� n Tana Corpa dt
Paul R. Bowles
Its President
Before me, a Notary Public in and for said County and State,
personally appeared Paul R. Bowles and Thomas J. McCausiin, known
to me to be the President and Vice -President - Corporate
Administration, respectively, of Lowe's, Inc., who duly
-2-
cluAliuwledged the execution of the foregoing SEWER AND WATER
EASEMENT as the free and voluntary act and deed of Lowe`s, Inc.
Witness my hand and notarial seal this �w day of
November, 1985.
Expires:
m
Arthur may, Notary Public
A Resident of St✓Joseph County,
Indiana
APHROVED
BOARD OF PUBLIC WORI.S
Drney at Law,
a 46601
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FILED ItiR ol {Ec0i-�D
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