HomeMy WebLinkAbout#502 - Deed; South Michigan Street - South Main Street - Walter Street Sewer Area easement and ROW lots 77 and 78SM3TH MAIN STE-FMIll
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SOUTH MICHIGAN STREET - SOUTH MAIN
STREET - WALTER STREET AREA SEWER
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, Charles E. Stonecipher and Eleanor
Stonecipher, 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 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 per-
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petual 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, whether used in conjunction
with general street purposes, or for the sole purpose of construc-
ting, maintaining, installing, repairing, and replacing and/or
renewing such sewer or other facilities for all purposes whatso-
ever, including but not by way of limitation, drainage structures
for both sanitary and storm sewer EacilCicys 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 77 and 78 in the pla-
of Myer's and Funk's Third Plat of Chippewa Heights
in the City of South Bend, St. Joseph County, Indiana.
Subject to the I e> Electric Company
isting easement held by Indiana &
and applicable zoning ordinances.
To have and to hold the said easement ai
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 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 2 day of 1968.
Attest
STATE OF INDIANA )
) SS
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and
for said County and State, personally appeared Charles E.
Stonecipher and Eleanor Stonecipher, husband and wife, and
who acknowledged the execution of the foregoing Easement and
Right -of -Way for and on 'behalf of said Civil City of South
Bend as their free and voluntary act and deed for the uses
and purposes set forth.
Witness my notarial seal this 22ndday of
Felbruary 1968.
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,t Notary Public
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Crmrission Expires
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