HomeMy WebLinkAbout#500- Deed; South Michigan Street - South Main Street - Walter Street Sewer Area easement and ROWSOUTH MICHIGAN STREET SOUTH MAIN STREET -
WADTER 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 acknow-
grant, transfer and deliver unto the Civil City of South Bend,
Indiana, a permanent easement and right-of-way, for the follow-
ing purposes, namely: The right to enter upon the hereinafter
described land and grade, level, fill, drain pave, build,
maintain, repair, and rebuild roads, streets, highways, together
with such bridges, culverts, ramps, and cuts as may be necessary,
on, over, and across the ground embraced within the right-of-way
hereinafter described, further a permanent easement and right -
of -way, including the perpetual right thereupon the real estate
hereinafter described, 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,
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whether used in conjunction with general street purposes, or
for the sole purpose of constructing, maintaining, installing,
repairing, and replacing and/or renewing such sewer or other
facilities for all purposes whatsoever, 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 North thirty (30) feet extending from the northwest<
corner to a point 174.24 east of the northwest corner,
BUOK
ME 734 i"Aft 122
a parcel of land thirty (30) feet east to west by
,L I � .0 feet north to south beginning 174.24 feet east
of the northwest corner of the following described parcel
of land.
A parcel of land taken off of the south end of the
west one-half of the northwest quarter of section 25,
Township 37 North, Range 2 East, that lies east of
Michigan Road and is bounded by a line running as
follows: Beginning at a point one Thousand Four
Hundred Ninety and Twenty -Five Hundredths feet
(1490.25) west of the southeast corner of the
northwest quarter of said Section 25; running thence
north One Hundred Seventy and Two -Tenths (170.2) feet;
thence west Three Hundred and Nine and Six -Tenths
(309.6) feet to the east line of Michigan Road; thence
south 830 45' west with said line of Michigan Road
One Hundred Seventy -One and Two -Tenths (171.2) feet;
thence east Three Hundred Twenty-one (321) feet to
the place of beginning in St. Joseph County, Indiana,
excepting all legally constituted highways.
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.
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.
And as a further consideration for the payment of the
purchase price, above stated, the grantors hereby release all
claims for damage, from whatsoever cause, incidental to the
exercise of any of the rights herein granted, from the beginning
of the world until this date.
It is understood and agreed by the par -ties 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.
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Attest:
State of Indiana
SS:
St. Joseph County
Before me, the undersigned, a Notary Public in and
Jfor said County and State, personally appeared Helen S.
I
0 Bartol and acknowledged the execution of the foregoing Ease-
ment and Right -of -Way as her free and voluntary act and deed
for the uses and purposes set forth.
Witness my notarial seal this 7 day of
1968.
Notary Public
my commission expires:
OO134' PAGL
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