HomeMy WebLinkAbout#490- Deed; South Michigan Street - South Main Street Sewer Area, easement and ROWSOUTH
MICHIAN TRMI, SOUTH MAIN STREET" -
WALTER STREET SEWER AREA, EASEMENT AUD RIGHT
OF WA .
The oath Side Church of` God a Incorporated
Lots' 86, 87, 88
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D W I 'A' ,- C'Z Y N S K I
RECORDER
I N D EX rE D
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SOUTH MICHIGAN STREET - SOUTH MAIN STREET -
WALTER STREET SEWER AREA
EASEMENT AND RIGHT-OF-WAY
IN CONSIDERATION of the sum of One Dollar ($1.00) and
other valuable consideration, receipt of which is hereby acknow-
ledged, the undersigned
ThE `'_,OUTH SIDE CHURCH OF GOD, INCORPORATED
does hereby release, grant, 'transfer and deliver unto the Civil
City of South Bend, Indiana a permanent easement and right-of-way,
for the following purposes, namely: The right to enter upon the
hereinafter described land and grade, level, fill, drain, pave,
build, maintain, repair, and rebuild roads, streets, highways,
together with such bridges, culverts, ramps, and cuts as may be
necessary, on, over, and across the ground embraced within the
right-of-way hereinafter described, further a permanent easement
and right-of-way, including -the perpetual right thereupon the real
estate hereinafter described, at any time that it may see fit, for
-the purpose of constructing, maintaining and repairing, installing
and renewing any water, sewer, and other utility facilities, whether
used in conjunction with general street purposes, or for the sole
purpose of constructing, maintaining, installing, repairing, and
replacing and/or renewing such sewer or other facilities for all
purposes whatsoever, including but not by way of limitation, drainage
structures for both sanitary and storm sewer facilities on, over, and
across the ground embraced within the right-of-way hereinafter
described in St. Joseph County, Indiana, to wit:
------- for construction
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d The West thirty (30,__,fee�tof Lot bered 86, 87
30 feet change 6 �9 9� : Lots
south fiftys and 88, and also �he thoilfty 5* feet of Lot
to 15 feet. fo)
50 feet changed numbered 88, all in the plat of My�er's and Funk's
to 20 feet for Third Plat of Chippewa Heights in the city of South
maintenance. Bend, St. Joseph County, Indiana.
1- t 4- 4-1, easement held by Indiana and
Su Jec 0
Michigan Electric Company and applicable zoning c
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To have and to hold the said easement and right-of-way
unto the Civil City of South Bend, Indiana, and unto its successors
and assigns forever.
And the said grantors hereby covenant with the Civil
City of South Bend, Indiana that -they are lawfully seized and
possessed of the aforementioned tract or parcel of land, that they
have a good and lawful right to sell and convey; that it is free
from all encumbrances; and that they will warrant and forever
defend the title in quiet possession thereto against the lawful
claims of all persons whomsoever.
And as a further consideration for the payment of the
purchase price, above stated, the grantors hereby release all
claims for damage, from whatsoever 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 contracts require.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals this day of 1968.
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PATE OF INDIANA )
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CQUI+F`T"Y OF ST . JOSEPH )
Before me the undersigned notary Public, an officer of
St. Joseph County, State of Indiana, on this 27th day of
January 1968 personally appeared Hudson D. Firestone,
Chairman, Floss Brown, Treasurer, Ivan Hamman, Secretary
William Grenert and Howard Zerbe, and acknowledged in
the execution of the foregoing instrument.
Notary Public
14y Commission Expires: Sept. 13, 1971 NOr ! « t (DUN re
E` t;/t 1.3, 1971
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•8868 .ti.°`
construction
30 feet changed The Vest thirtyC(3eet of Lots nberec� 86, 87
to 15 feet- and '88, and also the south fifty 50 feet of Lot
50 feet changed numbered 88, all in the plat of Myer's and F?unk's
to 20 feet for Third plat of Chippewa Heights in -the City of South
maintenance. Bend, St. Joseph County, Indiana.
Subject to the existing easement held by Indiana and
Michigan Electric Company and applicable zoning ordinances.,,