HomeMy WebLinkAbout#670- Deed; easement - From Graber-Lot 165 as shown on Myers & Funk's 3rd Plat in Chippewa Heights Add. To City4_„
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DEED OF EASEMENT
Date_
ray
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THIS
INDENTURE,, this
day of i ,
1973, ;by and
-made
between 19'1, C-/ /C'/-1- /,j
FZ ICh/
h PQq 5 P H1 r
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of St. Joseph
County, Indiana, hereinafter
referred to as "Grantor",
and THE CIVIL
CITY OF SOUTH BEND, INDIANA,
hereinafter 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 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 of said sewer lime.
2. Grantee shall promptly repair and replace all drains,
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
R
and easement hereby grantedj but no building
or structure, other
0
"
than driveway or parking, shiMY' 'e'pAced 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'subsequen I t
agreement as to the cost of tie-in.
5. This indenture contains all the terms, and condIt-lorf
of this easement and shall inure 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.
STATE OF INDIANA
SS:
ST. JOSEPH COUNTY )
Before me a Notary
Public in and for
said
County and
State personally appeared
61,"cke
and acknowledged the execution of the above and foregoing Deed of
Easement.
(-UYNE K HANKINS
My Commission Expires:
7- -7
This instrument was prepareq,by Jack C.I Dunfee, Jr., A
-2-
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