HomeMy WebLinkAbout#504 - Deed; South Michigan Street - South Main Street - Walter Street Sewer Area easement and ROW lots 79, 80, and 81Al
SOUTH MICHIGAN STREET SOUTH MAIN
STREET - WALTER STREET SEWER AREA
651-01i.-Ist
EASEMENT AND RIGHT-OF-WAY
IN CONSIDERATION Of the sum of One Dollar ($1.00) and
other good and valuable consideration, receipt of which is hereby
acknowledged, the undersigned, Mildred McLeland, individually and
as temporary guardian of William John Shellenberger, does hereby
release, grant, transfer and deliver unto the Civil City of South
Bend, Indiana, a permanent easement and right-of-way, for the
following purpose, namely: for the purpose of constructing, main-
taining and repairing, installing and renewing drainage structures
for sanitary sewer facilities on, over, and across the ground em-
braced within the right-of-way hereinafter described in St. Joseph
County, Indiana, to -wit:
The north seven and one-half (72) feet of Lot
No. 96 and the west fifteen (15) feet of Lots
No. 79 and 80 and the west fifteen (15) feet of
the north fifteen and nine -tenths (15.9) feet of
Lot No. 81 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 easements 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 succes-
sors and assigns forever; provided however, that the proposed
sewer to be located along the north side of Lot Numbered 96 be
cn
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line running east and west and located 15.75 feet
south of the north line of said Lot Numbered 96; and provided
further, that the proposed sewer running north and south across
Lots Numbered 79, 80 and 81 be located as near to the western
property line of said lots as possible.
South Bend, Indiana the temporary right to go across thirty (30)
feet on the west side of Lots Numbered 79, 80 and 81 for the
purpose of constructing said sewer line which •temporary grant
shall cease after the expiration of forty-five (45) days from
the date of execution of this instrument or shall cease when con-
struction of said proposed sewer lines is completed, whichever
event first occurs.
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 the said grantors hereby reserve the right to erect
buildings and other structures on such easement, provided however
that such buildings and other structures do not in any way, ever
endanger the proposed sewer, or restrict the flow of sewerage
through such sewer, or prevent the cleaning out and maintenance
of such sewer, or cause such sewer to be raised or lowered or
pushed out of original grade and line. The said grantors also
assume the same responsibility for any and all structures erected
on said easement (other than the proposed sewer) as they would
for any other structure or building erected on any other part
The Civil City of South Bend, Indiana agrees to re-
store the sewer site located on said easement to the same condi-
tion or better than it was prior to sewer construction.
And as a further consideration for the payment of the
purchase price, above stated, the grantors hereby release all
claims for damage, from whatever cause, incidental to the exer-
cise of any of the rights herein granted, from the beginning of
the world until -this date.
St 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 where -
ever 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
Q11 day
of
1968.
Mildred McLeland, individually and
as temporary guardian of William
John Shellenberger
PAU 135
)300(, 734 Put 136
.NDIANA )
% QC2
ST. JOSEPH COUNTY
Before the undersigned, a Notary Public in and for
said County and State, personally appeared Mildred McLeland,
individually and as temporary guardian of William John Shellen-
berger, and 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,,9�/day of September,
1968.
M. CAQfission Expires:
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