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HomeMy WebLinkAbout#1448- Deed; GRANT OF EASEMENT Lot 54, Section 5 (In consideration of above release of easement this easement was granted by Jack Hickey Associates )GRANT OF EASEMENT SOUTHWEST CORNER OF LOT 54 IN KENSINGTON FARMS EAST P.U.D. 900114 GRANT OF EASEMENT ✓o In consideration of the release of the following desbribec�-'- easement, situated in St. Joseph County, Indiana, and gr, nted_by Jack'.; Hickey Associates, Inc. (hereafter, the "Grantor") to tY Civil Ci-'tY of South Bend, Indiana (hereafter, the "City"): r; Commencing at the Southwest corner of Lot 54 in Kensington Farms East P.U.D., Section 5 as shown -'° h in the Office of the Recorder of St. Jose P County, Indiana as document number 8717312; thence North 17-28'-10" East along the West line of said >M Lot 54, a distance of 13.78 feet to the place of beginning; thence continuing North 17-28'-10" East along said West line, a distance of 12.38 feet; thence North 71-22'-53" East, a distance of 122.79 feet; thence South 0-06'-30" West parallel with the East line of said Lot 541 a distance of 10.56 feet; thence South 71-22'-53" West, a distance of 126.69 feet to the place of beginning, the Grantor hereby grants to the City, a permanent easement, including the perpetual right to install, repair, maintain, alter and operate a storm water drainage sewer and related facilities and equipment, together with the right of ingress to and egress from said easement for the purpose of maintaining said sewer and other equipment incident thereto, in, upon, over and under a parcel of land situated in St. Joseph County, Indiana, commonly known as Lot 54, Kensington Farms East P.U.D., which easement is more particularly described as follows: Commencing at the Southwest corner of Lot 54 in Kensington Farms East P.U.D., Section 5 as shown in the Office of the Recorder of St. Joseph County, Indiana as document number 8717312; thence North 17-28'-10" East along the West line of said Lot 54, a distance of 10.07 feet to the place of beginning; thence continuing North 17-28'-10" East along said West line, a distance of 12.38 feet; thence North 71-22'-53" East, a distance of 123.96 feet; thence South 0-06'-30" West parallel with the East line of said Lot 54, a distance of 10.56 feet; thence South 71-22'-53" West, a distance of 127.86 feet to the place of beginning. The easement granted hereby is for the benefit of the City for the maintenance of said storm water drainage sewer. The easement granted hereby, 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 said parcel of real estate in, upon, over and under which said easement is located. To have and to hold said storm water drainage sewer and water easement unto the City, and unto its successors and assigns forever. Grantor hereby covenants with the City that it is lawfully seized and possessed of the said Lot 54, Kensington Farms East P.U.D., and the aforedescribed real estate; that it has a good and lawful right to sell and convey; that said Lot 54, Kensington Farms East P.U.D. and aforedescribed real estate are free from all encumbrances; and that Grantor will warrant and forever defend the title in quiet possession thereto against the lawful claims of all persons whomsoever. Grantor hereby releases any and 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. STATE OF INDIANA ST. JOSEPH COUNTY } SS: ) JACK HICKEY ASSOCIATES, INC. r BY: c A4'. is ey, it" t P esident Before me, a notary in and for said County and State, personally appeared J.A. Hickey, President, Jack Hickey Associates, Inc., who acknowledged the execution of the above and foregoing instrument as his free act and deed this 4th day of January _ _, 1990. �gmniss'i q�~ aspires . This Attorney, Kathleen R. Guthrie , Notary Public Resident of St. Joseph County, IN r7 _ instrument prepared by Jenny Pitts Manier, Assistant Ct 1400 County -City Building, South Bend, Indiana 46601. JPM/BPWI:GRANTEASEMENT 2 - APPROVED am ff WX WO r � d y t ­*V F R J,ORD IJA