HomeMy WebLinkAbout#494- Deed; South Michigan Street - South Main Street - Walter Street Sewer Area easement and ROW Lot 4fo SOUTH MICHIGAN STREET SOUTH MAIN
STREET - WALTER STREET SEWER AREA
EAST MBNT AND RIGUT-OF-WAY
IN CONSIDERATION ok the sum of One Dollar ($1.00) and
other valuable consideration, rocuipt of which is he acknow-
ledqnd, the undrrsLqncd, VOW P. (Lybayqed Fisher,
does hereby ruleasc, qrant, transfer and deliver unto the civil.
City Df South Bend, Indiana, to permancnL easemen.L and right-of-
way, for the following purposes, aamely; The rkght to enter
upon the hereina,tLex described lanO, at any Lima that it may
seu M, for t1w purpuso of construcLiny, maintaining and
rcpArLng, installing and renewing any water, sewcr, and other
utiLity Gaci[itins, incluOlny buL not by way of limiLaLion,
Qainaqu s0urt"rus fay both Ss, mnitary and storm sewer Eacilities,
on, ovur, and across Llic qruand ombracod wLthin the ilght-cf-way
hereinaltar duscxibed in St. Juseph County, Indiana, to -wit:
The West Ton (10) Out of tho following described tract of
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A part of the West Half (WO) of the Northwest Quarter r
(NW4) of Section Number Twenty-five (25), Township
.7_Number ThirLy-seven (37) North, Range Number Two (2)
East, dascribed as follows: viz:
Beginning at a point on the West side of the Michican
Road 420 fleet. North of the center of the Ireland Road
(formerly Ice Road); thencc Northerly along the Westerly
line of said Michigan Road, 50 is thence West 150
fret; thence Southerly parallel with the said hlichigar�
Road, 50 feet; the East 150 feet to the place of
bwginnxng, and being Lot Number Four (4) as shown on,
an unrecorded plat of John A. Byer's Proposed Additior,
in Centre Township.
SubjecL to the existing easement held by Indiana L.
Michigan Electric Company and applicable zoning ordinances.
--y uz boutn Benct, 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 main-
tenance, 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
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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 par -ties have hereunto set -their
hands and seals this day of Z�
0 A
Viola P. (Lylarge:tT Fisher
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 zL 1 1968.
6
Notary Publice;'�'�
Coir6iiissiOn Expires