HomeMy WebLinkAbout#548- Deed; Easement - gilmer park divisions B and C for sewer connectionEASEMENT
in consideration of an agreement by the Civil City of South
Bend, Indiana that any property abutting this Easement owned by
the Grantor will be assessed at five (5) cents per square foot
on connection to the proposed sewer instead of the seven (7)
cents per square foot stipulated in the Board of Public works and
Safety Resolution No. 12-28-70, the undersigned hereby grant,
bargain, sell, convey, -transfer, deliver unto the Civil City of
South Bend, a permanent easement and right-of-way, for the follow-
ing purposes, namely: The right to enter upon the hereinafter
described land at any time that it may see fit, for the purpose
of 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 maintain-
ing, 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 or for flood control purposes, on, over
and across the ground embraced within the right-of-way hereinafter
described, which is located within the boundaries of a tract or
parcel of land situated in the County of St. Joseph, State of
Indiana, briefly described as follows:
N Pcrrnanc ni Easement far SEaWnr construct onanab
installation 15 feet in width and a Temporary Easement
for sewer construction 40 feet in width adjacent to and
North and/or East of the herein described Permanent
Easement, said Permanent Easement extending 7.5 feet on
either side of a line entirely in Section 26, Township 37
North, Range 2 East, and further described as follows:
Beginning at a point on the centerline of Scott
Street extended, said point being 600 feet North of the
WOK 74' U PACE 11 3
MIN' 24
North line of Jackson Street and being the South property
line of the Indiana and Michigan Electric Company and the
North line of the Homer Fitterling Property and the
Northern Indiana Public Service Company Easement; thence
proceeding southerly 600 feet along the centerline of
Scott Street extended to the North right-of-way line of
Jackson Street, which is the South property line of
Mr. Homer Fitterling, said Easements being entirely on
the property now owned by Mr. Homer Fitterling, subject
only to the prior Easement rights of the Northern
Indiana Public Service Company.
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 afore described 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 service agreed to
by the civil City of South Bend, 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 and after 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 context
requires.
IN WITNESS WHEREOF the parties have hereunto set their
hands and seals this 26TH day of _ APRIL 197
rM
STATE OF INDIANA
SS:
St. JOSEPH COUNTY )
Before me, a Notary Public, in and for said county and
State, personally appeared Hamer W. and Maxine 0. Fitterling
who acknowledge the execution of the above and
forgoing easement as their free and voluntary act and deed this
26TY A-.Y of AP 7, L 1971
.ssion Expires:
6., 1971
A
EASEMENT 985,195
in consideration of an agreement by the Civil City of South
Bend, Indiana that any property abutting this Easement owned by
the Grantor will be assessed at five (5) cents per square foot
on connection to the proposed sewer instead of the seven (7)
cents per square foot stipulated in the Board of Public Works and
Safety Resolution No. 12-28-70, the undersigned hereby grant,
bargain, sell, convey, transfer, deliver unto the Civil City of
South Bend, a permanent easement and right-of-way, for the follow-
ing purposes, namely: The right to enter upon the hereinafter
described land at any time that it may see fit, for the purpose
of 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 maintain-
ing, 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 or for flood control purposes, on, over
and across the ground embraced within the right-of-way hereinafter
described, which is located within the boundaries of a tract or
parcel of land situated in the County of St. Joseph, State of
Indiana, briefly described as follows:
7',
installation 15 feet in width and a Temporary Easement
for sewer construction 40 feet in width adjacent to and
North and/or East of the heroin described Permanent
Easement, said Permanent Easement extending 7.5 feet on
either side of a line entirely in Section 26, Township 37
North, Range 2 East, and further described as follows:
Beginning at a point on the centerline of Scott
Street extended, said point being 600 feet North of the
BOOK 14, PnE