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HomeMy WebLinkAbout#501 - Deed; South Michigan Street - South Main Street - Walter Street Sewer Area easement and ROW lots 75 and 76501 SOUTHMICHIGAN STREET -- SOUTH MIN STREET ALTER STREET SEWER AREA EASEMENT AND RIGHT OF WAY Nevi; E. 'Templeton Lots # 75 & 76 N 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 acknow- ledged, the undersigned, Neva L. Templeton, does hereby release, grant, :transfer and deliver' unto ` the Civil," City ,.of' Se7L1tYi" eiiC , Indiana a permanent easement and right-of-way, for the following purposes, namely: The right to enter upon the hereinafter described land and grade, level, fill, drain, pave, build, main- tain, 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 here- inafter described, further a permanent easement and right-of-way, including the perpetual right thereupon the real estate herein- after 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 facilties, 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 west thirty (30) feet of Lots 75 and 76 in the plat of Myer's and Funk's Third Plat of Chippewa Heights in the City of South Bend, 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-ref-w unto the Civil City of South Bend, Indiana, and unto its succe and assigns forever. And the said grantors hereby covenant with the Civil City of South Bend, Indiana that they are lawfully seized and 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 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 (1, hands and seals this day of 61968., C D CZ LLJ f3 Attest: STATE OF INDIANA ) SS. ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Neva L. Templeton who acknowledged the execution of the foregoing Easement and Right—," of -Way as her free and voluntary act and deed for the uses and purposes set forth. Witness my notarial seal this day of 1968. Notary ubPlic K3 6ommission expires: