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HomeMy WebLinkAbout#1365- Deed; PLAT OF DEDICATION EASEMENT, AND RIGHT OF WAY Section 3, Parts 6 and 7 Farnsworth Dr.roT �'Lhj' OF DEDL-C TIO6, EASEAENT �4D Z GHT-Ur -wA1 - KENSING fON FARMS -nJT r . U . D , :Sv:CTION 3, PARTS fARNSWoRT�, Dk , VE . '•C.--� l- �..- . 3 ter"' _'stM "F_,"10\ E \ E Zia,- il In the SOL!,heast Quarter of Section 31, Township 37 North, Range 3 East, City of South Bend, Centre Township, St. Joseph County, Indiana. for Jack Hickey Associates, Inc. 60735 U.S. 31 So, South Bend, In. Norm Lrnc of the Soarneasl Ouorret �Nwtneasr Lone. o' the Soutneosr Duotte, of S,ct,on 31, To.hsh,p —Of Sectro, 31 jo—Shp 37 Nat1h, 37 Matte Range 3 East __ - -f F—ge 3 Eastgo 555 fi e JO eti ' 8 O Kemnprcn Fomz Easy PU.D F�Z' o Eorf 'S S¢b on 3, Part 5 7' O N.89°-50 -2- hee9°-50.23••E Ne9°-50••23'E- �r10.00' _ - L' Prot of Dea.U'nor, Kenbngran farms Eov PUD _ IO. Docvmen' NC 6415275 •;°Q aO Op. Farnsworth Drive r21.00 T__ �__- I11.00 S 8+1•50-23" w i S 89°-56•23-w , APPROVED BY BOARD OF PUBLIC WORKS EASEMENT AND RIGHT OF WAY In consideration of the sum of Dollars rash in hand paid, receipt whereof is tEreby 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 describe:, land and grade, fevel, fill, drair', pave, build, maintain, repair and rebuild roads, streets, highways, together with such bridges, cul verts, ramps and cuts as may be necessary on, over and across thecround 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 facilities, whether used in conjuntion with general street purposes, or for the sole purpose of constructing, main- taining, installing, repairing and replacing andlor 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 around embraced within the right-of-way hereinafter described• which is forated within the boundaries of a tract or parcel of land situate in the County of SL Joseph, State of Indiana, breifly described as follows: A parcel of land for public roadway purposes in a part of tr-, Southeast Quarter of Section 31, Township 37 North, Range 3 East, in the Ciry of South Bend, Centre Township, St. Joseph County, Indiana and being 30.00 feet by right angle measurement, lying on both sides of the following described centerline: Commencing at the Northeast corner of said Southeast Quarter; thence South 89° 5D'-23" West along the North hline of said quarter section, a distance of 555.81 leet: thence South 0°-09'-37" East, at right angles with said last described line, a distance of 135.00 feet to the place of bec�nninc for this description; thence South 89• 50'-23" West, parallel with said North line of the Southeast _-uarter, a distance of 232.00 feet to the East line of Farnsworth Drive as dedicated in Instrument number 9415274 as recorded in the office of the Recorder of SL Joseph County Indiana and the point of termination of this description. 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 Grantor, hereby covenant with the Civil City of South Bend, Indiana that they are lawfully seized and possessed of the afore - described tract or parcel of land; that the 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 rea= 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. J. Bernard Feeney Registered Land Surveyor No. 5 0309 ems',.`•:_;.:° ORPORATE CERTIFICATION: a� sJs<r I, Rosemary Hickey certify that I am Secretary of the Corporation executing this easement and right-of-way agreement, that A. J. Hickey, who signed this agreement on behalf of the Corporation was then President of said %DrDorafion: that said agreement was duly signed for and on behalf of said Corporation by authority of its governing body and is within the scope of corporate powers. - Attest - A. J. Hickey, President Rosemary Hickey, Secretary Jack Hickey Associates, Inc. STATE OF INDIANA 5S: COUNTY OF ST. JOSEPH fnv a'Before me, a Notary Public in and for the aforesaid County and State, personally �. appeared A. J. Hickey and Rosemary Hickey, known to be President and Secretay, EMLrespectively of Jack Hickey Associates, Inc., who on behalf of said Corporation .� ' . acknowledged the execution of the above and foregoing instrument to be its voluntary act and deed. witness my hand and Notorial Seal this day of October, 196. hhy Commission expires 'Wtary Public �� Resident t- SL Joseph County, Indiana �+eM.ee A Lang, Feeney $ Associates, Inc. 205 W. Jefferson Blvd -suite 311 South Bend, Indiana 46601 P%a (2191 2W-184( Land Surveying S"_ 0,0— A C — Re. .bL Mc Rr. ;sr/3(05 In the Southeast Quarter of Section 31, Township 37 North, Range 3 East, City of South Bend, Centre Township, St. Joseph County, Indiana. for Jack Hickey Associates, Inc. 607 35 U.S_ 31 So. South Bend, In, EASEMENT AND RIG4T OF WAY G•ar Scale o to 25 56 10v 206 r7Jarfhlasr Carn[r Of the. 561'Ae f Naslh L!na of int soxheas! 4u0rlef Da.ar!Or of Sect= 31, To.nshm ----of Src!,on 31,7ownSMD 37 North, 37 Naf!n , Ronge 3 Easf SS58 , a D��4ee16 OO � Forms n SAY- Q01 c��, xens,na•n- �, ° _ccr,an 3, Porr S �lor.c��' Y 'T 1 N 89' 50.23E N 89"-50'-23'E rI0.00' •- - - m - W Plal of DrtlrcOf!pn w xehs,ngton Forrhs Em1 PUD 8af527< Dacumer.! No_ Farnsworth Drive 8`°, �g H---T-- -- _� - rz1.0o rrlT.00 S89°-50=23"w' i S89°-50=23"w . APPROVED BY BOARD /OF PUBLIC WORKS DATE 7I o�iC IOC In consideration cK the sum of Dollars cash in hand paid, receipt whereof is fereby acknowledged, the undersigned hereby, orant, bargain,sell, convey, transfer, deliver unto the Civil City of South Bend, a permanent easement and right-of-way, for the foflohing purposes Namely: The right to enter upon the her -.natter described land and grade, level, fill, drain, pave, build, maintain, repair and rebuild roads, streets, h hways, together with such bridges, cul verts, ramps and cuts as may be necessary on, over and across the ground embraced within the right-c•i-way hereinafter described, further a perms- ent easement and right-of-way including the perpetual right thereupon the real estate hereinafter described, at any time that it may see fit, to the purpo-.e of constructing, maintaining and repairing, installing and renewing any water, sewer, and other facilities, whether used in conjuntion with general street purposes, or for the soie purpose of constructing, main- taining, installing, repairing and replacing andlor renewing such sewer or other facilities for all purposes whatsoever, including but not byway of limitation, drainaae structures for both sanitary and storm sewer ground embraced within the right-of-way hereinafter described, which is located within the tmundaries of a tract or parcel of land situated in the County of St_ Joseph, State of Indiana, breifly described as follows: A parcel of land for public roadway purposes in a part of the Southeast Quarter of Section 31, Township 37 North, Range 3 East, in the City of South Bend, Centre Township, St. Joseph County, Indiana and being 30.00 feet by right angle measurement, lying on both sides of the foilowing described centerfine: Commencing at the Northeast corner of said Southeast Quarter; thence South 89`-50'-23" West along the North line of said Quarter section, a distance of 555.91 feet; thence South 0'-09'-37" fast, at right angles with said last described line, a disonce of 135.OD fee'. to the place ofbeginning for this description; thence South 89'-50'-23" West, parallel with said North line of the Southeast Quarter, a distance of 232.00 feet to the East line of Farnsworth Drive zs dedicated in Instrument number 8415274 as recorded in the office of the Recorder of St. Joseph County Indiana and the paint of termination :f this description. To have and to nold the said easement and right-of-way unto the Civil City of South Bend, Indiana ano unto its successors and assigns forever, And the Grantors hereby covenant with the Civil City of South Bend, Indiana that they are lawfully se'¢ed and possessed of the afore - described 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 p rMent of the purchase pr--e, ahave 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 be: nning 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. �av*4g i`= ac J. Bernard Feeney / =. _� - -• Registered land Surveyor No. 5 0309 f'•=''=�°"� ,Q � skD Su£�4 _ CORPORATE CERTIFICATION: I, Rosemary Hickey certify that I am Secretary of the Corporation executing this easement and right-of-way agreement, that A. J. Hickey, who signed this agreement on behalf of the Corporation was then President of said Corporation: that said agreement was duly signed for and on behalf of said Corporation by authority of its governing body and is within the scope of corporate powers. Attest: A. JJ. Hickey, President Rosemary Hickey, Secretary Jaa Hickey Associates, Inc. STATE OF INDIANA SS: COUNTY Or ST. JOSEPH RY�aU - Before me, a Notary 1-uhlic in and for the aforesaid County and State, Dersonally O_P_L� appeared A. J. Hickey and Rosemary Hickey, known to be President and Secretary, s'respectively of Jack. Hickey Associates, Inc., who on behalf of said Corporation : acknavledged the execution of the above and foregoing instrument to be its voluntary ,6 act and deed. gfitness my hand and Notoriaf Seal this /, day of October, 1986. / i � L/ l f f y Commission expires Notary Public Resident of SL Joseph County, Indiana Lang, Feeney & Associates, Inc. 205 w Jefferson Blvd- Suite 311 South Bend, Indiana 46601 Pnone (219) 2M-184f F Land Surveyina 5-t 4 c s S"— 1 0.0.r a G a+!e 7 - BS Chrwd J B F Rr. Graphic SCale O 10 25 5d t00 200 North Line of the Southeast Quarter i---of Section 3/ , Township 37 North , Range 3 East rr\4'r e 11 oft 16 qu r Itr r 10 t\t 1n the Southeast Qu North, Range 3 East, Township, St. Joseph Jack Hic 607 So Northeast Corner of the Southeast Quarter of Section 31, Township 37 North , Range 3 East -� —_ l//.00'1I1.00 5658 ro i �� QJ o � Q° 0 ° c� Kensington Forms East P.U.O. �oc�'�, t o c�yg Qo 0 Section 3, Part 5 �' yoo G�1 0 N.890-50'-23"E. R890-50-23"E. N.89r10 0-5 _ - 111.00 _111.00 Plat of Dedication =i W Kensington Farms Eost P.U.D. o OO O rn Document No. 8415274 I _ _ O Farnsworth Dri ve o `D, j o o 175.00, 121.00 - - 111.00' - S. 890-5d-23" W. i S. 890-50'23" W. �Northeost corner of the Southeast rter of Section 3l , rOwnship Qua North Line of the Southeast Quarter 37 North , Range 3 East r--of Section 31 , Township 37 North , Range 3 East 1I1.00'T- _ -r -- I1.00 -- - 565.8 y� ro 5� _ O Kensington Farms East P. V. D. uj � O 0 Section 3, Par � 5 � Q�\ 0 Leo ��cy N . 89- - 50 - 23' E . N.89-- 50 -23"E. N. 890-50'-23" E . r10.00' 111.00' _ _111.00, LJ plat of Dedication O� Kensington Farms East P.UD Document No. 8415274 Farnsworth Drive o _175.0 0' , - - - - - 121.00' !FLOC S. 890-50'-23" W S. 890-50'-23" W i DULY APPROVED BY OF PUBLIC W DATE )rj) r UD M %j tAlk A1\1D I '" k I r Do ,] P rk P& er of Section 31, Township 37 ity of South Bend, Centre ounty, Indiana. for Associates, Inc. U. S. 31 So. � Bend, // 7. EASEMENT AND RIGHT OF WAY FILU� it F 1n consideration of i_he sum o�, Coilars cash in h,an(I paid, receipt whereof is IT reby 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, cul vents, ramps and cuts as may be necessary on, over and across the eround 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 tit, for the purpose of constructing, maintaining and repairing, installing and renewing any water, sewer, and other facilities, whether used in conjuni-lon wiL,h general street purposes, or for the sole purpose of constructing, main- taining, installing, repairing and replacing and renewing such sevier or other facilities for all purposes whatsoever including but not by way of limitation, drainage structures for both sanitary and storm sewtar around embraced within the right-of-way hereinaher described, which is located within the boundaries of a tract or parcel of land situated in the County of St. Joseph, State of Indiana, breifly described as follows: A parcel of land for public roadway purposes in a part of i:l1e Southeast Quarter of Section 31 Township 37 North Range 3 East in the City of South Bend, Centre Township, Sr. Joseph County, Indiana and k1-eing 30.00 feet by right angle measurement, lying on both sides ofthefollowing described centerline: Commencing a' 6iu Nof'iheas' i;urcjcr U sat-' Jilu ii�a3 ©ea��'"; thence 5outri s9�-so'-2?3" west along the North /ine of said quarter section, a distance o`c 555.81 leek-, thence South 0�-09`-37" East, at ,,yl�t anules with said last described line, a distance of M.00 teet to khe peace of beginning sor this description; 'Thence South 89°-50'-23" west, parallel with said North line of the Southeast Quarter, a distance of 232,00 teet to the East line of Farnsworth Drive as ded;cated in Instrument number 8,415274 as recorded in the office of the Recorder of St. Joseph County Indiana and the poinJ. t of termination of this description. To have and to bold ":he said easement and right-of-way unto the Civil City of South Bend, Indiana and unto its successors and assigns � forever. And the Grantors i��ereh y covenant with ' �' ) she Civil City of South Bend Indiana that they are lawfully seized and possessed of the afore- ;, i t � � �� described tract or parcel of land; that they have a good and lawfii, right io sell and convey; that it is free from all encumbrances; and that they will ti ERU� 'rOR. 4 Ao\, 161`tia�•; 4 t..11LN T%. AlJD1 OR 'SEPH CO. llvom-NA fiq ; ws es was is oe ver, in cl Lrding but 170 .by ty o� I11111�:. �A��� rarali�ac�e s�rllc�ures nor bo��h sani'tar and skorm sem� reel of Iona i, 'r nroAln�l embraced wi9"hin tie right-of-way hereinar located ���`�'rr�� 'the uotsllaaries o a Bract or parcel s ��i!a.�e� in the Co�ln�y of Sr;. Jose h State , 'ter described, which is P ate of Indiana areifly described as 'follows.. A parcel of land 'or public roadway ' p y purposes in a pare: ot` �:llF' Soufftease Quarter of Sec- ion 31 Township 3 South Bend Centre Township, St. Joseph Col�ni:y, Indiana and l.eing 3p.00 feet by right angle I p 7 North, Range 3 East, i� the City or` described centerline: 9 171�aSurement, lying on both sides of the fo/%rilq COMMOVICing d� -6ie !L{, s 5 ii 'outec�s �'� er• thence c ,� Quar , en�e ov!th 89 50 23 West along the North /i"e of said quartersectiori a distance o 555.81 fleet; thence South 0°-09'-37" East, at rialto angles wi'(h said last described line, a distance of 135.00 feet to the place of begin►tinq for this description;'.hence South 89°-50'-23" WeSi: pa ral i el with said North line of the Southeast Quarter, a distance of 232.00 #eel to the East line of Farnsworth Drive as ded;cazed in Ins rument number 8415274 as recorded in the office of the Recorder of St. Joseph County Indiana and the Point of termination of this description. 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 Grantors hereby covenant with the Civil City of South Bend, Indiana that they are lawfully seized and possessed of the afore - described Traci 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 .hereto against the lawful claims of all persons whomsoever. And as a further consideration for the payment of the pu rouse price, above stated, the Grantors hereby release all claims for damage, from whatsoever cause, incidental �o 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, idha"i 4herever in the foregoing instrument the singular number is used, it will be read as plural, ii and when necessary, and that wherever words o neu4­ gender are employed, they will likewise apply to the masculine gender, whenever the contract requires. CORPORATE CERTIFICATION: J. Bernard Feeney R eg is ie red Land Surveyor No. S ' 0oaGODds� cr,.,9o••�'' 7 UdJu o'�� 5 i F/��'Do. NO. �o S - o3og STATE U ° aJ a� a° •fit. r�`0s9caseea®caE' T d, Rosemary Hickey certify chat I am Secretary of the Corporation executing this easement and right-of-way agreement, i:hat A. !. S Hickey, who signal This agreeirtaln"L on behalf of the Corporation was then Presiden of said Corporation; that said agreement was duly signed for and on behalf of said Corporation by authority of its governing body and is within the scope of corporate powers. Hickey, President hack Hickey Associates, STATE OF 1NDIANA S COUNTY OF ST. JOSEPH Inc. Attest: / /. Rosemary Hickey, S ce �etary ... 45•pat, if `r's 4P Before me, a Notary Public in and for the aforesaid County and State, personally �'•°4, a eared A. J. pp Hickey and Roseman Hickey, y y known to be President and Secretary, respectively of Jack Hickey Associates, Inc., who 0o behalf of said Corporation }� acknowledged the execution of the above and foregoing ins'�rumnnr to be its voluntary �Ol ®d ��°�--•�tf, =' e� � E �� �� S •."'' � aei and deed. Witness my hand aria No`wrial Seal this ry!per jL clay oft Oc o'ber, 1985. Vly Com,ynission e7cpires 1, _ G/. ���� i :Ti � ,, •� Pu�;li`r F; Resident C Notary �' Goi,in'iy, S.t. �o�epri Prepared by: Uang, Feeney & Associates, Inc. 205 W. lefferson Blvd -Suite 311 South Bend, Indiana 46601 Phone (219) 233 -1841 Land Surveying Scale As Shown Drawn A.G. Dale 2 - 85 Checked J. B. F. Rev. Job No. Rev Oq