HomeMy WebLinkAbout#491- Deed; South Michigan Street - South Main Street - Walter Street Sewer Area easement and ROW lots 1 and 2SOUTH MICHIGAN STREET — SOUTH NAIN STREET
WALNER STREET SEWER ARIKA
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Princess Pools of Michiana, Inc.
Lots I and 2
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SOUTH MICHIGAN STREET SOUTH MAIN STREET
WALTER STREET SEWER AREA
EASEMENTAND RIGHT-OF-WAY
IN CONSIDERATION of the sum of One Dollar ($1.00) and other
valuable consideration, receipt of which Is hereby acknowledged, the
indersigned, Princess Pools Of Michlana, inc-, an Indiana corporation,
loes hereby releases grant, transfer and deliver untn +ha pi-ii of -
foUth Bend, Indiana a permanent easement and right-of-way, for the
°olloviinq purposes, namely., The right to enter upon the hereinafter
:escribed land at any -time it may see fit excepting Monday, Tuesday and
ednesday mornings from 9t0o a.m. CST until 12:00 noon CST, and grade,
evel, fill, drain, pave, build, maintain, repair, and rebuild roads,
treets, highways, together with such bridges, culverts, ramps and cuts
s may be necessary, on, over, and across the ground embraced within the
fight -of -way hereinafter described, further a permanent easement and
Ight-of-way, including the perpetual right thereupon the real estate
ereinafter descrIL7edp at any time that it may see fit excepting Monday,
jesday and Wednesday mornings from 9:00 a.m. CST until 12:00 noon CST
or 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, in-
cluding but not by way of limitations drainage structures for both sani-
tary and storm sewer facilities on, over, and across the ground embraced
within the rJght-of-way hereinafter described in St. Joseph County,
Indiana, to wit: The West Fifteen (15) feet Of the following described
tracts of land:
A part of the West half of the North West quarter of
Section No. 25, Township No. 37 North, Range No. 2
East, bounded by a line running as follows, viz:
Beginning at a point on the Westerly line of the
Michigan Road, 500 feet Northerly (measured along
BOOK r34 PACE Q_�;
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PACE
said Westerly line) of the intersection of the
Westerly line of said Michigan Road with the North
line of the Ireland Road (forinerly Ice Road), said
point of intersection being 20 feet north of the
South line of the North west quarter of said Section
No. 25; thence running (Northerly along the Westerly
line of Michigan Road, 50 feet; thence Wiest 150 feet;
thence Southerly parallel with said Westerly line of
the Michigan Road, 50 feet; thence East 150 feet to
the place of beginning, and being known as Lot num—
bered 2 as shown on an unrecorded plat of John A.
ByerTs Proposed Addition In Centre Township.
Also a part of the West half of the (North West
quarter of Section No. 25, Townshi'p No. 37 North,
Range No. 2 East, bounded by a line running as follows,
viz: Beginning at a point on the westerly fine of the
(Michigan Road, 621 feet 5 inches North and 721 feet
East of the Southwest corner of said West half of the
North West quarter of said Section, said point of
beginning being the Northeast corner of a tract of
land conveyed to John A. Byers and Harriet L. Byers,
husband and wife, by a deed recorded in Deed Record
164, page 261; thence running Southerly along the
Westerly line of (Michigan Road a distance of 50 feet;
thence West 150 feet; thence Northerly parallel with
said Westerly line of Michigan Road, 50 feet; thence
East 150 feet to the place of beginning, ,and being
known as Lot Numbered I as shown on an unrecorded
plat of John A. Byer4s Proposed Addition, in Centre
Township.
Subject to the existing easement herd by Indiana
Michigan Electric Company and applicable zoning
ordinances.
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 afore—
mentioned 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.
in the foregoing instrument the singular number is used, it will be read
as plurai , it and when necessary, and that wherever words of neuter gender
are employed, they vii I I I lkevjisae aPPI Y to the mascul ine gender, whenever
the contacts require.
IN WITIMESS WIHEREOF, the parties have hereunto set their hands
and seals this jay of, 1968.
ATTEST*
Patricla Hoffman, Secretary
PRINCESS POOLS OF MICHIAMA, INC.,
an Indiana corporation
Morris W. Hoffman, President
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