HomeMy WebLinkAbout#498- Deed; South Michigan Street - South Main Street - Walter Street Sewer Area easement and ROW Lots 6, 7, and 8#498
SOUTH MICHIGAN STREET - SOUTE7NAIN STREET
WALTER STREET SEWER AREA
EASEMENT AND RIGHT OF WAY
Walter Erler, Jr. and Mary Jane Eyler
Lots # 6 , 7, 1 8
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4, Y, SOUTH MICHIGAN STREET SOUTH
MIN 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 acknowledged,
the undersigned, WALTER ERLER, JR. AND MARY JANE ERLER, 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, 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 (4) 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 S-ix (6)
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 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
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one hundred f if ty (150) feet along the Westerly line
C1 of said Road to the point of beginning. The above
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Z- description purports to describe Lots Numbered 6, 7,
-q kL,..j a- Z, and 8 in John A. Byer's Addition to South Bend,
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Indiana, said Addition being an "Unrecorded Plat"
according to a survey by D. L. Warren, C) Civil Engineer,
Recorded in Book 104, p. 362 of the records of the
Recorder's Office of St. Joseph County, Indiana.
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Maw— 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
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.
tl 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
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.
STATE OF INDIANA
SS:
COUNTY OF ST. JOSEPH)
Before me, the undersigned, a Notary Public in and for
said County and State, personally appeared Walter Erler, Jr.
and Mary Jane Erler, husband and wife, and acknowledged the
execution of the foregoing Easement and Right -of -Way
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as their free and voluntary act and deed for the uses al'AN'
purposes set forth% WITNESS my hand and Notarial Seal
day of '�td 1968.
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Notary Pjbli6
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