HomeMy WebLinkAbout#495- Deed; South Michigan Street - South Main Street - Walter Street Sewer Area easement and ROW Lots 6, 7, and 8049
5"
SOUTH MICHIGAV STREET SOUTHIMNIN STREET
WALTER STREET SEWER AREA
EASEMENT AND RIGHT GF WAY
and Ethel M . Kant z
Thurman Earl Kuntz
Iota # 6, 7 & 8
SS .74
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 acknowedged,
the undersigned, THURMAN EARL KUNTZ and ETHEL M. KUNTZ, 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: 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, includ-
ing 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 lots 6, 7 and 8 in John A. Byer's
Addition Unrecorded, which Lots are more closely described
as follows:
�A tract of land in the Northwest Quarter (4) of
cr_
25, Township 37 North, Range 2 East, and
CD 6--more particularly described as follows: Commencing
--Jat the Southwest Corner of the Northwest Quarter of
r") ""- id Section 25 thence East along the Quarter Section
a ne six hundred seventy -five (675) feet to the West
(n _-,3,gLne of Michigan Road; thence North Six (6) degrees
Qfft6venteen (17) minutes East along the westerly line
of said road 220 feet to the point of beginning of
the tract herein described; thence West and parallel
to the East and West Quarter (4) Section Line of said
Section 25 one hundred fifty (150) feet; thence North
six (6) degrees seventeen (17) minutes East one hundred
fifty (150) feet; thence East one hundred fifty (150)
feet to the Westerly line of Michigan Road; thence
south six (6) degrees seventeen (17) minutes West
one hundred fifty (150) feet along the Westerly line
of said Road to the point of beginning. The above
description purports to describe Lots Numbered 6, 7,
bjoK
4
HUI 0, 134 mu 108
and 8 in John A. Byer's Addition to South Bend,
Indiana, said Addition being an "Unrecorded Plat"
according to a survey by D. L. Warren, Civil Engineer,
Recorded in Book 104, p. 362 of the records of the
Recorder's Office Of 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. eptance of this easement, agrees that at
The Grantee, by acc
the time of initial installation and in the event of maintenance,
replacement or renewal, it will restore said premises to the
to the exercise of its rights hereunder -
condition existing prior 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.
covenant with the Civil city of
And the said Grantors hereby
lawfully seized and possessed
South Bend, Indiana that they are rcel of land; that they have a good
of the aforementioned tract or Pa
and lawful right to sell and convey; that it is free from all encum-
brances; and that they will warrant and forever defend the title
st the lawful claims of all persons
in quiet possession thereto again
whomsoever.
It is understood and agreed by the parties hereto, that wherever
I number is used, it will be
in the foregoing instrument the s.Lngu —
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 ay of 1968.
41
Thurman Earl Ki`fi'tz
Ethel M. Kuntz -
STATE OF INDIANA
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Thurman Earl Kuntz and
Ethel M, Kuntz, husband and wife, and acknowledged the execution
of the foregoing Easement and Right -of -Way as their fr ) ee and
voluntary act and deed for the uses and purposes set'fbrth.
WITNESS my hand and Notarial Seal this �day of
1968.
Notary Public
my'Commission Expires: