HomeMy WebLinkAbout#496- Deed; South Michigan Street - South Main Street - Walter Street Sewer Area easement and ROW Lots 6, 7, and 8#496
WA'LTER STRTET SEWER ,AREA
EASEMENT AND RIG14T CR WAY
Carey Belle Kell and Paul Kell
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SOUTH MICHIGAN STREET SOUTH
MAIN STREET - WALTER STREET
SEWER AREA
EASEMENT AND RIGHT-OF-WAY
800K
IN CONSIDERATION of the sum of one Dollar ($1.00) and other
valuable consideration, receipt of which is hereby acknowledged,
the undersigned, Carey Belle Kell and Paul Kell, 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 here-
inafter 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,
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 (k) of Section 25,
Township 37 North, Range 2 East, and more particularly
described as follows: Commencing at the Southwest corner
of the Northwest Quarter of said Section 25 thence East
along the Quarter Section line six hundred seventy-five
(675) feet to the West line of Michigan Road; thence
North Six (6) degrees seven -teen (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
F13
the point of beginning. The above description
purports to describe Lots Numbered 6, 7, 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.
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 condi-
tion 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.
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 t
the title in quiet possession thereto against -the lawful claims
of all persons whomsoever.
80OX G L
MOK PUC 112
It is understood and agreed by the parties hereto, tnat
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
7`i 1968.
hands and seals this ay of
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STATE OF
COUNTY OF
Before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Carey Belle Kell and
Paul Kell, husband and wife, 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
th WITNESS my hand and Notarial Seal this day of
1968.
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Expires Notary Public