HomeMy WebLinkAbout#492- Deed; South Michigan Street - South Main Street - Walter Street Sewer Area easement and ROW Lot 3IN CONSIDERATION of the sum of One Dollar ($1.00) and
other valuable consideration, receipt of which is hereby acknow-
ledged, the undersigned, Louis A. Kaetzer, Jr. and Evelyn Kaetzer,
husband and wife, do 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:
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
I 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: The
West Fifteen (15) feet of the following described tract of land:
Part of the West Half (-2) of the Northwest Quarter (4)
of Section Twenty-five (25), Township Thirty-seven (37)
North, Range Two (2) East, which part is bounded by a
line running as follows, viz: Beginning at a point on
"T" A WININNIfff IN 0#90111YOM
-ly line of the Michigan Road, at a point
-ed Seventy (470) feet Northerly (measured
I Westerly line of the Michigan Road) of
the center of the Ireland Road (formerly Ice Road);
thence Northerly along the Westerly line of said
Michigan Road Fifty (50) feet; thence West One
Hundred Fifty (150) feet; thence Southerly parallel
with the said Westerly line of -the Michigan Road,
Fifty (50) feet; -thence East One Hundred Fifty (150)
feet to the place of beginning, and being Lot
Numbered Three (3) as shown on an unrecorded Plat
of John A. Byer's Proposed Addition, in Center
Township, St. Joseph County, Indiana.
Subject to the existing easement held 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 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
BOOK 734 PAu, J� 9
their hands and seals this
Attest:
STATE OF INDIANA
) Ss.
ST. JOSEPH COUNTY )
'2
600K 7 3 4
rhenever the contacts require.
the'parti -to set
day of 1968.
Before me, the undersigned, a Notary Public in
and for said County and State, personally appeared Louis A.
Kaetzer, Jr. and Evelyn Kaetzer, husband and wife, who acknow-
ledged the execution of the foregoing Easement and Right -of -
Way for and on behalf of said Civil city of South Bend, Indiana
as their free and voluntary act and deed for the uses and
purposes set forth.
Witness my notarial seal this
1968.
'ccimtnission expires:
IV 6
V
PTA
Notary Public
C
E'�
�=- cn