#1187- Deed; Easement and ROW - From Ogorek to City of South Bend-in connection with Orange, Colfax Connection (The O'Brien Corp.)

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I To have and to hold the said easement unto the Civil City of Bend, Indiana, and unto its successors and assigns forever. And the said Grantors hereby covenant with the Civil City of Souk_Ii Bend, Indiana, that they are lawfully seized and possessed of the aforelT 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 .+:one a^!i .c„`^L�Tro Y` .I r, >�n...J +l.n i� ^ '•v - r.=..�v�: �L:n. the lawful claims 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 o-� anv of the rights herein grant.2c' from the beginning of the world until this date. It is understood and agreed by the parties hereto, that where"Rr in 1:ii foregoing instrument the singular number is used, it will be read as plu if and when necessary, and that wherever words of neuter gender are Em!"'UYO they will likewise apply to the masculine gender, whenever the cont!•a_r requires. THE O'BRIEN CORPORATION L. 0. Carter 2L_1 1 TITLE: Purchasing Director