HomeMy WebLinkAbout#669- Deed; easement - From Associates- Lot 164 as shown on Myers & Funk's 3rd Plat in Chippewa Heights Add. To Cityr_,, Transfer.. ;..-?;&1ff
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5-Na' N ry DEED OF EASEMENT Date--=1qZ*
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THIS INDENTURE, made this 26th day of February ,
85 ca
cr-
1973, by and between ASSOCIATES BANCORP INC.
of St Joseph County, Indiana, hereinafter referred to as "!Grantor",
and THE CIVIL CITY OF SOUTH BEND, INDIANA,`herenafter referred to
as "Grantee".
WITNESSETH:
That for One Dollar ($1.00) and other good and valuable
considerations, the receipt of which is hereby acknowledged, Grantor
hereby conveys and warrants to Grantee a permanent right of way and
easement for the construction, operation and maintenance of one
sewer line to be owned and operated by Grantee in, under and along
the South Ten (10) feet of the following described real estate in
St. Joseph County, Indiana, to -wit:
Lot Numbered 164 as shown on Myers
and Funk's Third Plat in Chippewa Heights
Addition to the City of South Bend, Indiana
Together with the right to enter upon said right-of-way
and easement at any time for any reason, provided such entry is for
the purpose of giving effect to this grant and the maintenance there-
of.
It is understood and agreed:
1. Grantor releases and agrees to hold harmless Grantee
for any and all claims, causes and actions whatsoever arising out
of the construction, operation and maintenance c>r said sewer 13ne_
2. Grantee shall promptly repair and replace all dramns
ditches, pavement and curbs damaged or destroyed by it in the
maintenance only of said sewer line.
3. Grantor shall have the right to use the right-of-way
and easement area in any way not inconsistent with the right-of-way,
ov 7 78
d, but no building or structure, other
shall be placed by Grantor thereon.
4. Grantor reserves the right to tie into said sewer
when constructed, at a cost to be agreed upon by the parties hereto.
Such reservation is not conditional upon the parties'subsequent
agreement as to the cost of tie-in.
J.
of this eas'e'mentand 4"ao�"shall inuvre to the benefit of Grantor and
Grantee and their respective representatives, successors, assigns,
lessees and licensees.
IN WITNESS WHEREOF, the said Grantor has caused this
indenture to be executed the day and year first above written.
ASSOCIATES BANCORP, INC.
Real Estate Manager
STATE OF INDIANA
) SS:
ST. JOSEPH COUNTY )
Before me a Notary Public in and for said County and
State personally appeared . R. L. Kuykendall
and acknowledged the execution of the above and foregoing Deed of
Easement.
4M�
on Exp1res:
July 9, 1975
This instrument was prepared by Jack C.= Dunfee, Jr.,
-2-
Notary �PubjTic
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