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HomeMy WebLinkAbout#3044- Deed; RELEASE OF EASEMENT Part of the S.E. quarter Sec. II, Twp. 37 N., R. 2E' 324 7/771966 Release of Easement Essex Wire Corporation EASEMENT (1966) l Essex Wire Corporation i , aj, t6khTrikCATE OF SECRETARY 60CK I _ do hereby certif j: atVw nVr4 m ,z Q I am the duly elected, certified and acting Secretary o Z rh ESSEX WIRE CORPORATION, a Michigan, Corporation. '''ems rn¢_ That at a meeting of the Board of Directors of said corporate • duXy and regularly called and held ira acoorduracc w1ct, cL.� �� o uttv�� which said corporation is organized, and its by-laws, on the 0 day ;'11 of , 1966 at which meeting a quorum of the Board of Directors were present the following resolution was duly adopted to -wit: Be it resolved that the Board of Directors of said corporation authorizes said corporation, for the consideration of One dollar ($1.00) and other matters, to sell to the City of South Bend all of its rights and title and interest in and to the following described real estate in St. Joseph county, Indiana, which interest is an easement in the lands described for railroad purposes: An Easement of part of the S.E.4 of Sec. 11, Twp. 37N., R.2E., more particularly described as follows: _1 Starting at the S.W. corner of Tract No. 3 of the Studeba',,er Corp. Replat as recorded in Plat Book 11, Page 184, in the Office of the Recorder of St. Joseph County, Indiana; thence N.29030'57"E. a distance of 675.78 ft. to a point; thence N. 89042'54"E. a distance of 10a.77 ft. to a point; thence S.W'ly. along a curve convex to the N.W. and having a radius of 349.60 ft. and a central angle of 36053'43", an arc distance of 225.12 ft. to the point of tangency; thence S.29030'57"W, a distance of 242.18 ft. to an intersection with a curve convex to the N.W. and having a radius of 268.50 ft. and a central angle of 49039'58" being the point of beginning: thence N.E.'ly along said last described curve an arc distance of 232.75 ft. to the point of tangency; thence N.89007'54"E. a distance of 53.00 ft. to the point of curvature of a curve -convex to the N.E. and having a radius of 341.57 ft. ana a central angle of 13041147"; thence S.E.11y. along said last described curve an arc distance of 81.65 ft. to the point of reverse curvature with a curve convex to the S.W. and having a radius of 324.57 ft. and a central angle of 13041'47"; thence S.E.'ly. along said last described curve an arc distance of 77.59 ft. to the point of tangency; thence N.89007'54"E. a 74 distance of 84.89 ft. to the point of curvature of a curve convex to the S.E. and having a radius of 261.50 ft. and a central angle of 83045'00"; thence N.E.'ly, along said last described curve an arc distance of 382.24 ft. to the point of tangency; thence N.5022'54"E. a distance of 41.16 ft. to a point;/thence N.89042'54"E. a distance of 17.08 ft. to a point; thence S.5022'54"W. a distance of 42.84 ft, to the point of curvature of a curve convex to the S.E. and having a radius of 278.50 ft. and a central angle of 83045'00"; thence S.W.'ly. along said last described curve an arc distance of 407.09 ft. to the point of tangency; thence S.89007'54"14. a distance of 84.89 ft. to the point of curvature of a curve convex to tine s.w. -Xr.a radius of 341.57 ft. and a central angle of 13041'47"; thence N.W.'ly. along said last described curve an arc distance of 81.65 ft. to the point of reverse curvature with a curve convex to the N.E. and having a radius of 324.57 ft. and a central angle of 13041'47"; thence N.W.'ly. along said last described curve an arc distance of 77.59 ft. to the point of tangency; thence S89007'54"W. a distance of 53.00 ft. to the point of curvature of a curve convex to the N.W. and having a radius of 251.50 ft. and a central angle of 52044'54"; thence S.W.'ly. along said last described curve an arc distance of 231.54 ft. to the point of tangency; thence S.36023'00"W. a distance of 123.49 ft. to a point; thence N.29030157"E. to the point of beginning. Be it further resolved that the President and Secretary are here- by authorized to execute an indenture to convey said interest to the city of South Bend, Indiana and are further authorized to deliver said instrument. That the foregoing resolution, since its adoption, has not since been altered, amended or repealed and it is now in full force and effect. In'; -W t'n,ess whereof se -al, -,Off this c4 poration I have hereunto set my hand and affixed the this. day of 1966. Secretary Subscribed and sworn to before me, a Notary Public in and for said.. C-o,unty and State, Commi,sGi-- 'expires My tommisra o pirc.2 T-ebruary 3, 1969 this�day of �966 0 Notary Public=- ` 31 sT:1DSol, Cd INDmA ti c t7 T R �ECdR® Its JUL YN5K1 1 JUL This Indenture made the -day of ��.GL - 19615 between ESSEX WIRE CORPORATION, a Michigan corporation, with its i principal offices in the City of Fort Wayne, Indiana, party of the first part and the City of South Bend, Indiana, party of the second part, wxxA'ESSETH : WHEREAS, party of the first part is the owner of a non-exclusive perpetual easement upon, under and across the following described property in the City of South Bend, County of St. Joseph, State of Indiana, to -wit: An Easement of part of the S.E.-4 of Sec. 11, Twp. 37N., R.2E., more particularly described as follows: Starting at the S.W. corner of Tract No. 3 of the Studebaker Corp. Replat as recorded in Plat Book 11, Page 184, in the Office of the Recorder of St. Joseph County, Indiana; thence N.29030'57"E. a distance of 675.78 ft. to a point; thence N. 89042'54"E. a distance of 106.77 ft. to a point; thence S. W'Ly. along a curve convex to the N.W. and having a radius of 349.60 ft. and a central angle of 36053'43", an arc distance of 225.12 ft. to the point of tangency; thence S.29030'57"W. a distance of 242.18 ft. to an intersection with a curve convex to the N.W. and having a radius of 268.50 ft. and a central angle of 49039'58" being the point of beginning: thence N.E.ly along said last described curve I an arc distance of 232.75 ft. to the point of tangency; thence N.89007'54"E. a distance of 53.00 ft. to the point of curvature of I a curve convex to the N.E. and having a radius of 341.57 ft. and a central angle of 13041'47"; thence S.E.'ly. along said last described curve an arc distance of 81.65 ft. to the point of reverse curvature with a curve convex to the S.W. and having a radius of 324.57 ft. and a central angle of 13041'47"; thence S.E.'ly. along said last described curve an arc distance of 77.59 ft. to the point of tangency; thence N.89007'54S'E. a distance of 84.89 ft. to the point of curvature of a curve convex to the S.E. and having a radius of 261.50 ft. and a central angle of 83045'00"; thence N.E.'1y. along said last described curve an arc distance of 382.24 ft. to the point of tangency; thence N.5022'547'E. a distance of 41.16 ft. to a point; thence N.89042'54"E. a distance of 17.08 ft. to a point; thence S.5022'545'W. a distance of 42.84 ft. to the point of curvature of a curve convex to the S.E. and having a radius of 278.50 ft. and a central angle of 83045'00"; thence S.W.'ly. along said last described curve an arc distance of 407.09 ft. to the point of u3GM3a JNSNA7.317*V NIM03 35V x008 91: KV LT 01 Oi for ON033H 80J Q31I3 VNVIGNI '03 NdBOP'is t.0 zne point of curvature of a curve convex to the S.W. and having a radius of 341.57 ft. and a central angle of 13041'47"; thence N.W.'ly. along said last described curve an arc distance of 81.65 ft. to the point of reverse curvature with a curve convex to the N.E. and having a radius of 324.57 ft. and a central angle of 13041'47"; thence N.W.'ly. along said last described curve an arc distance of 77.59 ft. to the point of tangency; thence S.89007'54"W. a distance of 53.00 ft. to the point of curvature of a curve convex to the N.W. and having a radius of 251.50 ft_ rad a c'raarreZ :aragla o.0 52—G. �.'54" - ]�c�ra� _ w_ �.y .:.-:i �.�-��. �-. last described curve an arc distancecof�� 7_31.54 ft_. to the point of tangency; thence S.36023100"W. a distance of 123.49 ft. to a point; thence N.29030157"E. to the point of beginning. for use for railroad purposes and, C 6,18G�] Lid WHEREAS, party of the second part is now the fee title owner to said real estate and, WHEREAS, the party of the first part has agreed to relinquish said easement for use for railroad purposes to the party of the second part: THIS INDENTURE WITNESSETH, in consideration of One dollar ($1.00) and other valuable consideration, paid by the party of the second part to the party of the first part, the receipt of which is hereby acknowledged, the party of the first part hereby releases and forever quit claims to the party of the second part and its successors and assigns the easement above described and all its rights thereunder, with the intent that said easement and all of first party's rights thereunder may be forever extinguished and that the party of the second part, its successors and assigns, shall hereafter enjoy the said premises so granted free and absolutely discharged from such easement. ESSEX WIRE CORPORATION B y i - A'M, S`I' Secretary ' iden -- STATE OF INDIANA) ALLEN COUNTY ) SS: Before me, a Notary Public, in and for such County and State, on thel 477 day of ��-� 1966, appeared and respectively CL7e P'r�sYclent eercc:a ��:cr�c:sry �+.- i:.:t�•-'� w��` f,•..,���. the corporation named in and which executed the within Release of Easement, and acknowledged that the seal affixed to said Release of Easement is the corporate seal of such corporation; that the said Release of Easement was signed in and on behalf of said corporation by authority of its Board of Directors; and that the foregoing persons, and each of them, as such officers, acknowledged the execution of the foregoing Release of Easement to be their voluntary act and deed on beha`I ,�bf..such corporation. t My "Co�ti�nis;son Expires My commission expires February 3, 1969 !J Notary fi_(3 ?4u517 lic This instrument prepared by: Roberts J- Deyomb City 511 West Colfax Avenue South Bend, Indiana.