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
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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
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County, Indiana as document number 8717312; thence
North 17-28'-10" East along the West line of said
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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
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JACK HICKEY ASSOCIATES, INC.
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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
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instrument prepared by Jenny Pitts Manier, Assistant Ct
1400 County -City Building, South Bend, Indiana 46601.
JPM/BPWI:GRANTEASEMENT
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APPROVED
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