HomeMy WebLinkAbout#1366- Deed; EASEMENT OF RIGHT OF WAY From Edwaed Rose of Indiana to City of South Bend, A parcel of land located in the NW quarter of Section 29, T 37 N R 3 E, (Inwood Rd.)1 3 CO Ca
EASEMENT AND RIGHT-OF-WAY .from Edward
Rose of Indiana, to City of South
Bend. (INWOOD ROAD)
(SEE EASEMENT)
CITY of SOUTH BEND
ROGER O. PARENT, Mayor
COUNTY -CITY BUILDING SOUTH SEND, INDIANA 46601
John E. Leszczynski
Director, Public Works
July 25, 1986
Board of Public Works
County -City Building
South Bend, IN 46601
RE: Easement and Right -Of -Way (Inwood Road)
Gentlemen:
(219) 284-9251
Please accept the attached easement and right-of-way on behalf
of the City of South Bend.
This easement and right-of-way is along Inwood Road. It is
the North 20 feet of Irish Hills property and will give the
City a 40 feet right-of-way along Inwood Road.
Very truly yours,
�I
Joseph J. Pluta, P.E., Director
Division of Engineering
elvin B. Humphrey
Bureau of Design & Administration
JJP:MBH:gl
1. V 1. 11 C J V u .., .. _
of Beginning; thence S 00003'1211 E along said
J4C' North -South centerline of Section 29 a distance of 20.00
U� Gfeet; thence S 89026'08" W parallel to the North line of
said Section 29 a distance of 1648.32 feet; thence N
00001'13" E a distance of 20.00 feet to the South
right-of-way line of Inwood Road; thence N 89026'08" E
along the South right-of-way line of Inwood Road and
parallel to the North line of said Section 29 a distance
of 1648.30 feet to the Point of Beginning. Containing
0.757 acres, more or less.
....as shown on the attached drawing.
-1-
CITY ATTORNEY S OFFICE
INTER -OFFICE MEMO
0. JOSEPH PLUTA DATE:
ENGINEERING
FROM; THOMAS L. BODNAR
CHIEF DEPUTY CITY ATTORNEY
SUBJECT; EASEMENT
JULY 23, 1986
I have examined the easement signed by Mr. Ravitz on
June 18, 1986 and approve it.
TLB/sjf/21
JUG. 2 ��
CITY OF SOUTH BEWD
OEPWMENT Of ENGINECRING
of Beginning; thence S 00003'12" E along said
North -South centerline of Section 29 a distance of 20.00
feet; thence S 89026'08" W parallel to the North line of
a
said Section 29 a distance of 1648.32 feet; thence N
00001'13" E a distance of 20.00 feet to the South
right-of-way line of Inwood Road; thence N 89026'08" E
along the South right-of-way line of Inwood Road and
parallel to the North line of said Section 29 a distance
of 1648.30 feet to the Point of Beginning. Containing
0.757 acres, more or less.
1) 114- 4
EASEMENT AND RIGHT-OF-WAY
In consideration of the sum of One and No/100 ($1.00)-----__
------------------------- Dollars cash in hand paid, receipt whereof is
hereby acknowledged, the undersigned hereby grants, bargains,
sells, conveys, transfers and delivers 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 to enter 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
the way of limitation, drainage structures for both sanitary and
storm sewer, on, over, and across the ground embraced within the
right-of-way hereinafter 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 parcel of land located in the NW 1/4 of Section 29, T
37 N, R 3 E, City of South Bend, Penn Township, St.
Joseph County, Indiana, more particularly described as
follows:
at th- NE cornerofthe NW 1/4 Of said
5 eCtl Q" Z� - ., %,-- - 1- -. _
centerline of said Suaction z_ y .a`��`+' *�''�' -North-south
to the South right-of-way l i ne of i nwooa ao�u:'
of Beginning; thence S 0000311211 E along said
A North -South centerline of Section 29 a distance of 20.00
feet; thence S 89026'0811 W parallel to the North line of
16 aidSection 29 a distance of 1648.32 feet; thence N
s a i
feet to the South
OO°O1 13 E a distance of 20.00 e
right-of-way line of Inwood Road; thence N 89°26'08" E
along the South right-of-way line of Inwood Road and
parallel to the North line of said Section 29 a distance
of 1648.30 feet to the Point of Beginning. Containing
0.757 acres, more or less.
.,..as shown on the attached drawing.
To have and to hold the said easement and right-of-way unto
the Civil City of South Bend, Indiana, and unto its succesors 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 warrrant 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.
The Grantee hereby agrees to indemnify and hold the Grantor
harmless from any and all claims, debt, causes of action or
judgements for any damage to property and/or injury to any person
which may arise out of any construction within or use of the above
described easement and right-of-way areas by the Grantee, its
agents, employees, representatives, contractors, successors or
assigns.
IN WITNESS WHEREOF, the Grantor has duly executed this
instrument this A#�� day of dt/l%IZ , 1986.
APj"',RO 1/ ED
BOARD OF PUBLIC WORKS
EDWARD ROSE of INDZAN.v,
an Indiana limited partnership
By
Edward Ra itz, gen -�� �
Cn
M
[;"✓ � CSC-':.r'
r` r�ti
?. n G
i
I
To have and to hold the said easement and right-of-way unto
the Civil City of South Bend, Indiana, and unto its succesors 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 warrrant 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.
The Grantee hereby agrees to indemnify and hold the Grantor
harmless from any and all claims, debt, causes of action or
judgements for any damage to property and/or injury to any person
which may arise out of any construction within or use of the above
described easement and right-of-way areas by the Grantee, its
agents, employees, representatives, contractors, successors or
assigns.
IN WITNESS WHEREOF, the Grantor has duly executed this
instrument this A#r� day of tX11VZ , 1986.
APPROVED
BOARD OF PUBLIC WORKS
EDWARD ROSE OF INDIAN.v,
an Indiana limited partnership
By 06
Edward Ra itz, qen R1
rn
are'
Cc
iT
T ✓
am
I
�.._sAN )
)ss.
COUNTY OF KALAMAZOO)
Personally appeared before me the undersigned, a Notary
Public in the for said county and state, Edward Ravitz, who
acknowledged the execution of the foregoing instrument to be his
voluntary act and deed.
Witness my hand and notarial seal this day o
EA , 1986.
—I ... --,-
Kalamazoo, County, Michigan
My Commission Expires: June 181 1989
prepared by:
Lawrence W. Glass
EDWARD ROSE OF INDIANA
6100 Newport Road, P.O. Box 3015
Kalamazoo, Michigan 49003
l
0 V—.
, To AN FASIIKENT AND RIGHT -OF --WAY, DATED 4t9 , 1986 WHEREIN
RosE OF INDIANA IS THE GRANTOR AND THE CITY OF SOUTH BEND IS
T1ig GRANTEE -
H-.W. eor-, vF
t=KISTINU 40' IEVW
IRISH HILLS
APARTMENTS
SOUTH BEND, INDIANA a]
_"I
o
344It —
ROW-TH LINE OF 29
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7-0 A.I9rMONAL 41W TO t3E l?EnICATEV i
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i PART OF THE NW 1/4 OF
i sBCTION 29
T 37 N- R 3 E
CITY of SOUTH BEND
PENN TOWNSHIP
I
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up beginning; thence .3 U%,
North -South centerline of Section 29 a distance of 20.00
feet; thence S 89026'08" W parallel to the North line of
. 1
said Section 29 a distance of 1648.32 feet; thence N
00001'13" E a distance of 20.00 feet to the South
right-of-way line of Inwood Road; thence N 89026'08" E
along the South right--of-way line of Inwood Road and
parallel to the North line of said Section 29 a distance
of 1648.30 feet to the Point of Beginning. Containing
0.757 acres, more or less.
ST. JUS,;:
N D I A �i,'-
-f-rj!) p,
FILED I, c 0 R D
—
AU, 2,5
FILM N-
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RE C 0 71", i,) E R
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