HomeMy WebLinkAbout#843- Deed; Easement and agreement - From Allens to City of South Bend. (W of Miami, opposite Scottsdale Mall)INDIANA RED �OR.
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THIS INDENTUR,P, WITNES>7.71 THAT, for and in consideration of
the payment of One (11.00) ?dollar in cash and other good and valuable
consideration, the receipt and surfi.ciency of which is hereby ac-
knowledged, the Board of Public 1w1o7:ks of the City of South Pend,
Indiana, hereinafter referred to as "Grantor", hereby grants, bargains
sells, conveys, transfers and delivers to Robert R. .Allen and
Dorothy A. Allen, husband. and Wife, of South Bend, St. Joseph County,
Indian, hereinafter jointly referred to as "Crantee,", a perpetual,
nonexclusive easement for the purposes of installing;, operating,
maintaining, repairing, replacing and renewing a, sanitary sewer and
a storm sewer, and all facilities incidental thereto, over, above,
along, under and across that certain real estate located in the City
of South Bend, St. Joseph County, Indiana, which is oi,rned by the City
of South Bend, Indiana., the legal description of which real estate is
attached hereto and made a part hereof as Exhibit "A" hereto.
The Grantee and Grantor, hereinafter sometimes collectively
referred to as the "Panties", further agree as follows;
1. Grantee shall have the right of ingress and egress
across said real estate for any purpose herein granted and such in-
gress and er7ress shall be exercised in a reasonable manner. Grantor
retains the right to use said real estate over which this easement is
granted for any purpose ,,which shall not obstruct the use described in
this easement, and reserves the right to use such easement and to
grant the right of nonexclusive use of such easement to other persons
and entities.
2.. Grantee shall have the right to connect said sanitary
sewer and said storm sewer to the combination sanitary and storm sewer
operated and maintained by the City of South Bend, Indiana, across
said real estate. At such time as the said sanitary sewer and the
said storm sewer system are deeded to and accepted by the City of
South Bend, said easement shall be terminated and expire..
3. Grantee agrees to indemnify, defend and hold Grantor
harmless from all damages or claim of damages arising; out of or in any
way resulting from Grantee's or Grantee's successors', assigns',
tenants' or licensees' use of said easement.
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and interests herein contained or provided for shall be likewise
binding upon and inure to the benefit of the Grantor and Grantee,
their beneficiaries, heirs, representatives, successors, grantees,
licensees and assigns.
IN WITNESS WHEREOF, the Parties have caused this Deed of
Easement and Agreement to be executed and delivered at South Bend,
Indiana, thisS day of July, 1975.
BOARD OF PUBLIC WORKS OF THE
CITY OF SOUTH BEND, INDIANA
'Rollin E. Farrand
[GRANTOR]
Robert R. Allen
4� C"U11-7k1w Q, CU U-11-
Dorothy A. Allen
[GRANTEE]
STATE OF INDIANA
) SS:
ST. JOSEPH COUNTY )
Before me personally appeared Rollin E. Farrand, James R.
Seitz and James V. Barcome, who are known to me to be all of the
members of the Board of Public Works of the City of South Bend,
Indiana, and acknowledged the execution of the foregoing instrument
as their voluntary act and deed for the purposes therein expressed
and that they are authorized to do so on behalf of the Board of
Public Works of the City of South Bend, Indiana.
IN WITNESS WHEREOF, I have hereunto subscribed my name
Ord affixed my official seal, this , /day of July, 1975.
C
Notary Public
y Gommission expires:
STATE OF INDIANA
SS:
ST. JOSEPH COUNTY
Before me, the undersigned, a Notary Public in and for sail
County and State, personally appeared Robert R. Allen and Dorothy A.
Allen, Husband and Wife, and acknowledged the execution of the fore-
going Deed of Easement and Agreement.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed my official seal, this ZFrj'f day of July, 1975.
4 � T) h tn,0rK .43 15V 11, .; Notary P u b 11 c
ommission expires:
1979
VMAU' This instrument was prepared by Stephen A.
B0�
Part of the Southeast Quarter (u,) of Section ,Twenty-five (25), Township Thirty-
seven (37) North, 'Range Two (2);East, situate in Centre Township, St. Joseph
County, State of Indiana and being more particularly described as follorqs;
Commencing at the Northeast corner of the Southeast Quarter (O of said Sec-
tion Twenty-five (25); thence South 00-00'-00" East along the East line of
the Southeast Quarter (-) of said Section Twenty-five (25) a distance of
556.45 feet to a point; thence South 880-38'-50" West along the North line of
Roberts Cleaning Center, Inc., a distance of 420 feet to the PUCE OF BEGINNING
of this description; thence continuing South 880-38'-50" West a distance of 20
feet to a point* thence North 00-00'-00" West a distance of 12 feet to a point;
thence North 886-38'-50" East a distance of 20 feet to a point; thence South
00-00'-00" East a distance of 12 feet to the place of beginning of this de-
scription.
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NO, BY DATE REVISION
July 22, 1975
DEPARTMENT OF PUBLIC WORKS.ILCKED
DIVISION
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CITY OF SOUTi-� BENR, INDIANA
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