Berks County Recorder of Deeds (on-line deeds)
http://www.co.berks.pa.us/recorder/site/default.asp
Backloaded 3192631
Book 00p1 Pg. 0221 - 0223 (3 pages)
Recorded 2/21/1785
Comment: Right of Way
Place: Maxatawny Township, Berks County, PA
Grantor: Jacob Teysher
Grantee: Jacob Kutz
This indenture made the eighth day of February in the Year of our Lord one thousand seven hundred and eighty five between Jacob Teysher of the Township of Maxatawny in the County of Berks in the State of Pennsylvania yeoman of the one part and Jacob Kutz of the same place yeoman of the other part.
Whereas the said Jacob Teysher is lawfully sused in fee of and in a certain tract or parcel of land situate in the Township of Maxatawny aforesaid containing one hundred and sixty four acres and half with the appurtenances. And Whereas the said Jacob Kutz is also sused in fee of and in a certain other tract of land or parcel of land situate in the said township (adjoining the said above mentioned tract) containing [ -ty] acres or there abouts be the same more or less. And whereas there is a road or cart way now and heretofore used beginning at a post where a black oak originally stood ( a corner of the said Jacob Teysher’s land) on the side of the Great Road leading from George Kutz’ in Maxatawny to the junction of Maiden Creek and Saucon and thence extending along the line dividing the lands of the said Jacob Teysher from the lands of John Kutz and the said Jacob Kutz respectively and also along the line dividing the lands of the said Jacob Kutz from the land of Jacob Sweyer south thirty degrees east into the Great Road from Reading to Easton being in length about one mile, which road the said parties to these presents have mutually agreed to support at their joint expense and charge of the breadth of thirty feet.
Now this indenture witnesseth to him in hand paid by the said Jacob Kutz at and before the unsealing and delivery hereof the receipt whereof acknowledged hath granted bargained sold and confirmed. And by these presents in pursuance of the said recited agreement doth grant bargain sell and confirm unto the said Jacob Kutz and to his heirs and assigns the free and uninterrupted right liberty and privilege of passage in and along the said road or cart way so far as the same extends by the lands of the said Jacob Teysher in manor herein before recited together with free ingress egress and regress with horses cattle carts and carriages in and along the same of the breadth of fifteen feet on the lands of the same Jacob Teysher. To have and to hold the right and privilege aforesaid unto the said Jacob Kutz his heirs and assigns tenants and occupiers of the said last above mentioned tract of land in common with the said Jacob Teysher his heirs and assigns tenants and occupiers of the said last above mentioned tract forever. And that the said Jacob Kutz for and in consideration of the sum of five shillings to him in hand paid by the said Jacob Teysher at and before the ensealing and delivery here of the receipt whereof is hereby acknowledged hath granted bargained sold and confirmed and by these presents in pursuance of the said recited agreement doth grant bargain sell and confirm unto the said Jacob Teysher and to his heirs and assigns the free and uninterrupted right liberty and privilege of passage in and along the said road or cart way so far as the same extends by the lands of the said Jacob Kutz in manner herein before recited together with free ingress egress and regress with horses cattle carts and carriages in and along the same of the breadth of fifteen feet on the lands of the said Jacob Kutz. To have and to hold the right and privilege aforesaid unto the said Jacob Teysher his heirs and assigns tenants and occupiers of the said above mentioned tract of land in common with the said Jacob Kutz his heirs and assigns tenants and occupiers of the said land above mentioned tract forever and is mutually covenanted and agreed to by and between the said parties to these presents for themselves their heirs and assigns respectively that the said road or cart way shall forever hereafter remain continue to be a publick road or cart way in manner herein before mentioned and that the same shall be supported maintained and repaired at the joint expense of the said parties their heirs and assigns forever.
In witness whereof the said parties to these presents have hereunto interchangeably set their hands and seals the day and year first above written.
Jacob Teysher (seal)
Jacob Kutz (seal).
Sealed and delivered in the presence of us
Collinson Read
Geo Behert
Berks County.
The eighth day of February Anno Domini 1785 before me the subscriber one of the justices came the aforementioned Jacob Teysher and Jacob Kutz and severally acknowledged the aforementioned written indenture to be their act and deed and desired the same might be recorded according to act of law. Witness my hand and seal the day and year aforesaid.
Valentine Behert (seal)
Recorded this deed and the original compared and found to agree exactly word for word and figure for figure the 21st day of February Ann Domini 1785.
Henry Christ, recorder
Submitted by Walter.
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