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Home My WebLink About#2661- Deed; RELEASE OF EASEMENT George C. CoquillardG cL) rc, C CaC rj RELEASE OF EASEMENT AND RIGHT OF WAY Easement and right-of-way listed in Record Book #781, at Pages 89 and 90, and recorded on October 26, 1973, by the then owner of the property, Voco Incorporated and signed and attested by George C. Coquillard, it's president, and granted to the City of South Bend. WHEREAS, the City of South Bend no longer uses, needs, or desires to keep this easement and right-of-way, as it is no longer necessary or used; and WHEREAS, the City of South Bend wishes to release the easement from the above described property; NOW that said Release of Easement witnesseth that, the City of South Bend, as the grantee of the easement listed against the property listed above and Voco Incorporated, a corporation that granted said easement comes now that such easement and all of the rights under with the intent that the easement may be forever extinguished. IN WITNESS WHEREOF, the City of South Bend, by and through its Board of Public Works has been undersigned to execute this Release of Easement recorded on Document #160335. IN WITNESS WHEREOF, the City of South Bend, by and through its Board of Public Works is so authorized the Release of Easement by undersigned and executing the signatures below. Voco Incorporated ATTEST: oy,)5 Q k J Angela Jacob, Cler BOARD OF PUBLIC WORKS C� Gary A. Gilot, President M. Catherine Roemer, Member nald E. Inks, Member FAX TRANSMISSION DEPARTMENT OF PUBLIC WORKS CITY OF SOUTH BEND COUNTY -CITY BUILDING ROOM 1 31 5 To: 5pc �jQf Oc.�1 Fax #: From: CoQrl �44 ye li Subject:-ie(ecrSP COMMENTS: SOUTH BEND IN 46601 PHONE:(219) 235-9251 FAX: (219) 235-91 71 Date: �r; I lam?, ?,DO I Pages: Z , including cover sheet Z c k L "4 b�ea h (, Law c =ram -1 c r► 4t + m r . i C. iL I yl Z , i�At,w o�-�' cue , oe wtP,c� (Nt r wfZ 234 - C)4-7 -1 m r. C-at _ N-yit oyuov'+&, Me-vio(� u O i s+(e zba -(s (4 1 EASEMENT AND RIGHT-OF-WAY In consideration of the sum- of one dollar and -other -good and valuable consideration , receipt whereof is hereby 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 • i with such bridges, culverts, ramps, and cuts as may be necessary, on, { r over, and across the ground embraced within the right-of-way hereinafter f described, further a permanent easement and right-of-way, including the perpetual right thereupon the real estate hereinafter described, at'any tirre that it may see fit, for the purpose of constructing, maintaining and repairing, installing and renewing any water, sewer, and other utility facilities, v.hether used in conjunction with general street purposes, or s 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..vlay of'l nitation,~drainage structures for t both sanitary and storm sewer ground embraced within the right-of-way herein- , after described, which is located.within'the boundaries of a tract or parcel EASEMENT AND RIGHT -OF WAY . In consideration of the sum of one. dollar. asrd-other-good and - valuable consideration '— • receipt whereof is hereby 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 followin • g purposes gamely: The right to enter � upon the hereinafter described land and grade, level, fill, drain,.pave, build, maintain, repair, and rebuild roads, streets, highways, together x with such bridges, culverts, ramps, and cuts as may be necessary, on, f 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 thereupon the real estate hereinafter described, at•any titre that it may see fit, for the purpose of constructing, maintaining and r 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 suer or other facilities for all purposes whatsoever, including but not -by -.,why of'liraitation, drainage structures for f. both sanitary and storm sewer ground embraced within the right-of-way herein- after 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 temporary easement for fill slope and a permanent easement and rignt-of-way for sewer and roadway taken off of the South West t corner and the ;lest side of the following described tract of land The ` to wit: South half of a 30 acre tract of land taken off of and from the West end ` of the South 1/2 of the North Rest 1/4 of Section East Penn Tr: 29, Twp. 37 North Range 3 p. , St. Joseph County, Indiana. A permanent right-of-way located as follows: beginning at the ; South best corner of the North West 1/4 of Section 29 Twp. 37 !North Range 3 East; thence due East along the center line of said Section 29 a distance of 5oo feet; thence due North a distance of 40 feet; thence due West aiong a line , parallel to and 40 feet North of the center line of said Section 29, a distance of 368 feet; thence in a North Westerly direction in a straight line to point, 121 feet North and 40 feet East of the South West corner of the 'West 1/4 of said Section 29, a distance North r ' of 123 feet plus or minus; thence along a line parallel to and 40 feet East of the West line of said Section due due distance of 541 29 a feet; thence due West a distance of 40 feet to the West line of said Section 29; thence due South along tine best line ; of said Section 29 a of of 652 feet to the place of beginning also a temporary easement for fill and slope along Ireland Road and a temporary easement r ' along Ironwood Road for'fillslopes and channel change located as follows: a temporary easement 16 feet wide North - South ir.-•^diately !forth and of and adjacent to -the, a-fo'rementibned peFtnaridnt'�righf-of-way eascr,?nt along Ireland Poad and a temporary easement - "- 50 feet wide East and West ir7cdiately East: of and adjacent to the aforementioned permanent right-of-wa)- ease - rent aloc9 Iron;food Pood, all in South 1/2 of the North West 1/4, Section 29, Jvp. 31 IN.?rth aange 3 East Penn i Ttrp., St. Joseph County, Indiana. i BOOK 781 imE 89 ' r BOOK 781 IWE 90 -2- •Subject to the . Indiana right hereby reserved to V the Indiana its successors and recording hereof ass ' Inc•, an hereby accepts and 'the Civil City of South Se' and, by corporation grants to VOCo, Inc. Bend, Indiana ` right and its Its , an Indiana g to connect to -for -use- and assigns - ce950I'S and assigns said- VOCO , the. Permanent constructed g : alb"sewers heretoforelOr• and its suc- covering an hereafter In this instryment.or relearn Of the real estate de owned by Voco; lne. witl-a ng to any adjacent realty now and assigns, being required: tc ' Inc., or its successors for any connecting fee or d6,payany hookup fee or costs connecting charge of any nature. To have and to hoT,d the, Said easement'and right-of-way'Unto the Civil City of South Bend. I dtana "and nto its successors: and.'assi ns forever. �_ _ g 4 1. And the said Grantors :her by G01e ant with the Civil City of South Bend, Indiana that,� they are Tati�fully, seized and possessed. of�-.the afore described tract or parcel of land; that';th �ey have a good and law- ': ful 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 ail,persons whomsoever. And as a further consideration for the payment of the purchase Price. above stated, the Grantors hereby from whatsoever cause,_ incidental to the exeicise of any oaf the for damage, herein granted, from the beginning of the world until thisfights It is understood and agreed b date. .Itha thearties hereto, that wherever In the foregoing instrument the singber is used, it will be read as plural, if and when necessary, anhererds of neuter gender are employed, they will likewise apply to the masculine gender, whenever the contract requires. IN WITNESS WHEREOF the parties have hereunto set their hands and seals this day of , 7973. Voco, INC., anY Indiana corporation C r LL'� Qeo Be C. oqui-Ilard, Its President 0 0 � LDtn ca v oL a 4 u, C5V - -. UJ ca a