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M.
<br />EASEMENT AND RIGHT-OF-WAY
<br />In consideration of the sum of
<br />Ten Dollars ($10.00).
<br />Dollars cash in hand paid, receipt whereof is hereby
<br />acknowledged, the undersigned hereby grant, bargain, sell, convey, transfer and
<br />deliver unto the Civil City of South Bend a permanent easement and right-of-way
<br />for the following purposes, namely: The right to enter upon the hereinafter
<br />. .;
<br />described Land and grade, level, fill, drain, pave, build, maintain, repair
<br />and rebuild roads, streets and highways, together with such bridges, culverts,
<br />ramps and cuts as may be necessary on, over, and across the ground embraced
<br />within the right--of-way hereinafter described, further a permanent easement and
<br />right-of-way, including the perpetual right thereupon the real estate hereinafter
<br />described, at any time that it may see fit, for the purpose of constructing,
<br />maintaining and repairing, installing and renewing any water, sewer and other
<br />utility facilities, whether used in conjunction with general street purposes or
<br />for the sole purpose of constructing, maintaining, installing, repairing, and
<br />replacing and/or renewing such sewer or other facilities for all purposes what-
<br />soever, including but not by way of limitation, draining structures for both
<br />sanitary and storm sewer ground embraced within the right-of-way hereinafter
<br />described, which is located within the boundaries of a tract or parcel of land
<br />situated in the County of St. Joseph, State of Indiana, briefly described as
<br />follows:
<br />A tract of land in the southwest quarter of Section 20,
<br />Township 37 North, Range 3 East, St. Joseph County, Indiana.
<br />Beginning at a point on the South line of the Southwest Quarter
<br />of said Section 20, which is the centerline of Inwood Road, 695.00
<br />feet East of the Southwest Corner of said Southwest Quarter, com-
<br />mencing at the Southwest Corner of said Section 20, thence pro-
<br />ceeding North 89 degrees 37 minutes 07 seconds East 695.00 feet
<br />along the south line of the Southwest Quarter of said Section 20,
<br />said south line being the centerline of Inwood Road, to the true
<br />Point of Beginning; thence North 0 degrees 04 minutes 04 seconds
<br />West 40.0 feet; thence North 89 degrees 37 minutes 07 seconds East,
<br />parallel to said South line and said centerline of Inwood Road
<br />743.69 feet; thence South 0 degrees 04 minutes 28 seconds West
<br />40.0 feet to the centerline of Inwood Road and the South line of
<br />said Southwest Quarter; thence South 89 degrees 37 minutes 07
<br />seconds West along said centerline of Inwood Road and the South
<br />line of said Southwest Quarter 743.69 feet to the Point of Beginning,
<br />containing 0.682 acres more or less.
<br />To have and to hold the said easement and right-of-way unto the Civil City
<br />of South Bend, Indiana, and unto its successors and assigns forever.
<br />And the said Grantors hereby covenant with the Civil City of South Bend,
<br />Indiana, that they are lawfully seized and possessed of the aforedescribed tract
<br />or parcel of land; that they have a good and lawful right to sell and convey;
<br />that it is free from all encumbrances; and that they will warrant and forever
<br />defend the title in quiet possession thereto against the lawful claims of all
<br />persons whomsoever.
<br />And as a further consideration for the payment of the purchase price, above
<br />stated, the Grantors hereby release all claims for damage, from whatsoever
<br />cause, incidental to the exercise of any of the rights herein granted, from the
<br />beginning of the world until this date.
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