#1189- Deed; Easement and ROW - From Hahn to City of South Bend-in connection with the Orange,Colfax Connector.

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-2- s:3:�3 To have and to hold the said easement unto the Civil City of South nd, Indiana, and unto its successors and assigns forever. And the said Grantors hereby covenant with the Civil City of South - nd, Indiana, that they are lawfully seized and possessed of the afore - described tract or parcel of land; that they have a good and lawful right to sell and convey; that it is free from all encumbrances; they they will warrant and foreva - d& end the title in quiet possession thereto against the lawful clainis of all persons whomsoever; and that they and/or their successors, agents, contractors or assigns warrant that they will not engage in or authorize any construction or activity of any nature now or in the future which will inhibit, disturb, or deny the stated purpose to which the aforedescribed land is to be used. And the said Grantor acknowledges that this easement is given in ex- change for the further consideration of reduced storm water retention drywell requirements. And as a further consideration for the payment of the purchase price, above stated, the grantors hereby release all claims for damage, from what- soever cause, incidental to the exercise of any of the rights herein granted, from the beginning of the world until this date. It is understood and agreed by the parties hereto, that wherever in the foregoing instrument the singular number is used, it will be read as plural, if and when necessary, and that wherever words of neuter gender are employed, they will likewise apply to the masculine gender, whenever the contract requires.