HomeMy WebLinkAbout#493- Deed; South Michigan Street - South Main Street - Walter Street Sewer Area easement and ROW Lot 5i? �ZIIAPMM,� 0
SOUTA MICHIGAU STREET - SOUTHMIN STREET
WALTER STREXT ARI
EASI]'INIETIT AND RIG.H'11 OT" WAY
Viola F� (Lybarger) Fisher
# 493
SOUTH MICHIGAN STREET - SOUTH MAIN
e'i /1",, 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,'Viola P. (Lybarger) Fisher,
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, 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, 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 Ten (10) feet of -the following described tract of
land:
Beginning at a point on the west side of Michigan
Road two hundred (200) feet southwest of the northeast
corner of the following described real estate, a lot
z or tract of land bounded by a line running as follows,
=
VIZ: Beginning at the Southwest corner of the West
Half (w-12) of the Northwest Quarter (NW;4) of section 25,
Township 37 North, Range 2 East; -thence North Six
Hundred Twenty-one (621) feet and Five (5) inches;
)
thence East Seven Hundred Twenty-one (721feet to
the West line of the Michigan Road as fenced,
thence Southeasterly Six Hundred Twenty-two (622)
feet -to the center of Road; thence West six Hundred
Eighty-one (681) feet to place of beginning, con-
taining Ten (10) acres; thence West one Hundred
Fifty (150) feet; thence Southwesterly Fifty (50)
feet7 thence East One Hundred Fifty'(150) feet;
thence Northeasterly Fifty (50) feet to place of
beginning.
Subject to the existing easement held by 1
Michigan Electric Company and applicable z
ordinances.
NA 7JP± PAft 10' 2
B and to hold the said easement and right-of-way
Vil City of South Bend, Indiana, and unto its successors
and assigns forever.
The Grantee, by acceptance of this easement, agrees that at
the time of initial installation and in the event of maintenance,
replacement or renewal, it will restore said premises to the
condition existing prior to the exercise of its rights hereunder.
Blacktop, paving and other improvements shall be restored promptly
and at the expense of the Civil City of South Bend, Indiana.
The grantors reserve the right to use said premises for any
purpose not inconsistent with the easement granted hereunder.
The grantors also reserve the right to have a "Y" installed
in the proposed sewer line at a location designed by the grantors
to serve their present house located on Lots numbered 17 and 18,
and the grantors have permission to connect this sewer to this
house, with the expressed knowledge that Lots numbered 17 and 18
will be assessed for the sewer constructed in Main Street in front
of said lots 17 and 18.
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
encpmbxancea; and that they will warrant and forever defend -the
title in quiet possession thereto against the lawful claims of all
persons whomsoever.
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.
Wher
Viola P. (Lyj�drger) 'l-I
STATE OF INDIANA
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for
said County and State, personally appeared Viola P. (Lybarger)
Fisher
and acknowledged the execution of the foregoing Easement and
Right -of -Way as their free and voluntary act and deed for the
uses and purposes set forth —WITNESS my hand and Notarial Seal
this &� - day of_/)/,,,, 1968.
17—
Notary Public
My commission Expires
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