HomeMy WebLinkAbout#1473- Deed; Part of the Northwest Quarter of Section 31, Township 37 North, Range 3 East, Centre Township, City of South BendGRANT OF PERPETUAL EASEMENT
Part of the northwest quarter
of Section 31, Township 37
North, Range 3 East, Centre
Township, City of South Bend
(Jim Ragsdale and kathleen
Ragsdale)
Transfer
�'� •��� Taxing Unit
GRANT OF PERPETUAL EASEMENT --
DRAINAGE
THIS INDENTURE made this jpj— day of October, 1991, by and
between Jim Ragsdale and Kathleen Ragsdale, Husband and Wife,
(hereinafter "Grantors"), and the Civil City of South Bend, Indiana
(hereinafter "Grantee").
WITNESSETH:
That for One Dollar ($1.00) and other good and valuable
consideration, the receipt of which Grantors hereby acknowledge,
Grantors hereby grant, convey, and warrant to Grantee a perpetual
easement of the nature and at -the location hereinafter set forth and
described for the installation, construction, operation, maintenance,
adjustment, replacement, repair, alteration, removal, modernization,
and use of two drywells and related drainage and overflow area,
together with the right of ingress to and egress from said easement
for the purpose of installing, constructing, operating, maintaining,
adjusting, replacing, repairing, altering, removing, and modernizing
said drywells and other equipment or facilities incident thereto, in,
upon, over and under the following described real estate in the City
of South Bend, St. Joseph County, State of Indiana, more fully
described as follows:
A part of the northwest quarter of Section 31,
Township 37 North, Range 3 East, Centre Township,
City of South Bend, St. Joseph County, Indiana,
described as follows:
Beginning at a point on the west line of a tract
of land conveyed to Jim and Kathleen Ragsdale by
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— warranty deed recorded August 2, 1973, in Deed
Record 773 Page 393 in the office of the Recorder
of St. Joseph County, Indiana, 1442 feet west and
r 435 feet south of the northeast corner of said
northwest quarter of Section 31; thence continuing
r` south along said west line 60 feet to the
southwest corner of said Ragsdale' s tract and the
c.� north line of Fairfax Estates Section No. 2 a
lat recorded in Plat Book 26 Page "F" in said
recorder's office; thence east along said north
line of recorded plat, 60 feet; thence north
parallel with said west line of Ragsdale's tract,
60 feet; thence west parallel with said north line
of recorded plat, 60 feet to the point of
beginning.
The easement granted herein shall pertain to the air, surface, and
subsurface rights and interests of the Grantors, for the use and
benefit of the Grantee, to the nature and extent that the Grantee may
require said air, surface and subsurface rights and interests to
DULY EN-FERED i--OR TAXATION
BEVERLY 9. CRONE
AUDITOR
ST..JOSEPH CO. INDIANA
accomplish and carry out the general purpose of this conveyance as the
same has hereinabove been expressed. The easement hereby granted is
for the benefit of the City of South Bend, Indiana, and expressly
includes the right and privilege at reasonable times to clean and
remove from said easement such timber, brush, debris, or other
obstructions interfering with the use of the drywells and drainage
area.
Grantee shall have the right of ingress and egress over Grantors'
real estate adjoining said easement when necessary to install,
construct, operate, maintain, adjust, replace, repair, alter, remove,
modernize, or use the drywells and drainage area.
Grantee will restore the area disturbed by its work to as near the
original condition as is reasonably practicable consistent with the
use of the easement as described above.
Grantors reserve the right to use and occupy the surface area on
and over the easement provided that said use and occupancy does not in
any way conflict or obstruct the Grantee's right to use said surface
for the purposes and intentions hereinabove expressed.
The easement granted herein and its associated benefits and
obligations shall constitute covenants running with the real estate,
and shall be binding upon the Grantors 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 real estate.
This indenture shall bind and inure to the benefit of the
respective successors and assigns of the parties hereto.
Grantors hereby covenant with the City of South Bend that they are
lawfully seized and possessed of the parcel of real estate hereinabove
described; that they have a good and lawful right to sell and convey
this easement; that it is free of all encumbrances that would conflict
with the granting of this easement, and that they will warrant and
forever defend the title and quiet possession thereto against the
lawful claims of all persons whomsoever.
Grantors hereby release any and all claims from whatsoever cause,
incidental to the exercise of any rights herein granted.
IN WITNESS WHEREOF, Grantors have executed this Grant of Perpetual
Easement for drainage on the date shown in the acknowledgment set
forth herein.
STATE OF INDIANA
COUNTY OF ST. JOSEPH
SS:
J
Before me, the undersigned, a Notary Public in and for said State,
personally appeared Jim Ragsdale and Kathleen Ragsdale, Husband and
Wife, personally known by me to be the Grantors in the above Grant of
Perpetual Easement, and acknowledged the execution of the same as
their voluntary act and deed.
WITNESS my hand and Notarial Seal this /SbLdav of ,
1991.
a t. �
( Written Signature)
SA N D2A m . 0M E7kt C-C-
(Printed Signature)
Pe6 i,D&M OF ,Si. J-D-5EP H C O.
This instrument was prepared by Mary Hall Mueller, Assistant City
Attorney, 1400 County -City Building, South Bend, IN 46601.
MHM/BPW3/EAS-RAG
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