HomeMy WebLinkAbout#888- Deed; Easement and ROW - From Cressy to City of South Bend-A 5' easement E of and adjacent to the E. right-of-way line of Chapin St. Inner Belt along the full length of Lot 6 of Mary Witherill's Sub. Of Bank Out Lot 32. (Southold)EASEMENT AND RIGHT-OF-WAY from
William R. Cressy to the City of
South Bend, A 51 easement East of
,and adjacent to the Easterly right-
of-way line of the Chapin Street
Inner Belt along the full length
of Lot NO. 6 of Mary Witherill's
Subdivision of Bank Out Lot 32.
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EXHIBIT A
BOOK "NU
EASEMENT AND RIGHT-OF-WAY
In consideration of the sum of One
Dollars cash in hand paid, receipt whereof is hereby acknowledged,
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 following purposes, namely: the right to
enter upon the hereinafter described land and grade, level, fill,
drain, pave, build, maintain, repair, and rebuild roads, streets,
highways, together with such bridges, culverts, ramps, and cuts as
may be necessary, on, over, and across the ground embraced within
the right-of-way hereinafter described, further a permanent easement
and right-of-way line, including the perpetual right thereupon the
real estate hereinafter described, at any time that it may see fit,
for the purpose of constructing, 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 constructing, maintaining, 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 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:
A five foot easement East of and adjacent to the Easterly Right -of -
Way line of the Chapin Street Inner Belt along the full length of
Lot No. 6 of Mary Witherill's Subdivision of Bank Out Lot 32,.
The Easement Agreement will pertain to Lot No. 5 of Mary Witherill's
Subdivision of Bank Out Lot 32 only for right of entry by the City of
South Bend for fence maintenance.
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
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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 payment of the purchase price,
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 the beginning of the world until 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 contract requires.
IN WITNESS [,THEREOF the parties have hereunto set their hands and
seals" ,this day of
i COUNTY
IN6IANA
SS:
Before me, a Notary Public, in and for said County and State,
personally appeared A� 61A,
who acknowledges the execution of the above and for oing instrument
and right-of-way as G4— free and voluntary act and deed
this 15-11 day of 1975.
Notary Public
My Commission Expires:
BOOK