HomeMy WebLinkAbout#497- Deed; South Michigan Street - South Main Street - Walter Street Sewer Area easement and ROW Lots 6, 7, and 8C71
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SOUTH MICHIGAN STREET SOUTH
MAIN STREET - WALTER STREET
SEWER AREA
1,77
EASEMENT AND RIGHT-OF-WAY
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IN CONSIDERATION of the sum of One Dollar ($1.00) and oth-ur
valuable consideration, receipt of which is hereby acknowledged, the
undersigned, Cazey Kuntz Copeland, does hereby release, grant, trans-
fer and deliver unto the Civil City of South Bend, Indiana, a perma-
nent 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 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
seventeen (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 Wes,t
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 seven -teen (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, and S.'in John A. Byer's Addition to South
Bend, Indiana, said Addition being an "Unrecorded Plat" accord-
ing 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 unt
WOK 734 ma 114
forever.
The grantee, by acceptance of this easement, agrees that at the
time of initial installation and in the event of maintenance, replace-
ment or renewal, it will restore said premises to the condition exist-
ing 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 afore-
mentioned -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 whomever.
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,,Iparties have hereunto set their hands and
seals this
day o 1968.
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STATE OF IND-LANA
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COUNTY OF ST. JOSEPH
Before me, the undersigned, a Notary Public in and for"'
and State, personally appeared CAREY KUNTZ COPELAND, and ackn,6.w,lea64",','W
the execution of the foregoing Easement and Right -of -Way
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and voluntary act and deed for the uses and purpds'es se
my hand and Notarial Seal this day c J,
Mcommission Expires
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nary Public
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