HomeMy WebLinkAbout#671- Deed; Easement - From McGarveys & Vials-Lots 166 & 167 as shown on Myers & Funk's 3rd Plat in Chippewa Heights Add. To Cityc rG11
DEED OF EASEMENT from Eugene J. McCarv(
Nancy E. McGarvey; and Keith E. Val as
M. Vial to City of South Bend, Lots Nur
166 & 167 as shown on Payers and Funk's
Plat in Chippewa Heights Addition to t I
of South Bend, Indiana
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" DEED OF EASEMENT Clate /%41
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THIS INDENTURE, made this 20th day of January ,
1973, by and between Eugene J. McGarvey, Jr. .and Nancy E. McGarvey,
his wife, and Keith E. Vial and Eleanor M. Vial, his wife,
of St. Joseph County, Indiana, hereinafter referred to as "Grantor",
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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:
Lots Numbered 16 4r &7 as shown on Myers
and Funk's Third Flat 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 line.
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,
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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.
5. This indenture contains all the terms and conditions
of this easement and shall inure to the benefit of Grantor and
Grantee and their respective represdntatives, 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.
Nancy E�,� M cGarvey
STATE OF INDIANA )
HOWARD ) SS:
M.NZOMT COUNTY )
Before me a Notary Public in and for said County and
State personally appeared . Eugene J, -MeGarvey, Jr. and Nancy E.
McGarvey, his wife, and Keith E. Vial and Eleanor M. Vial, his wife,
and acknowledged the execution of the above and foregoing Deed of
Easement.
6/ Notary Public
My, Cornffiission Expires
2-23-76
This instrument was prepared by Jack C. Dunfee, Jr., Attorney at Law
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