HomeMy WebLinkAbout#989- Deed; Easement ROW - From Board to City of South Bend-a permanent right-of-way easement described as Beginning at a point 600' W of and 20' S of the NE corner of Sec 28...,BOOK
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EASEMENT AND RIGHT-OF-WAY
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In consideration of the sum of -
Dollars cash in hand paid, receipt whereof 1—
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
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upon the hereinafter described land and orade, level, fill, dra1n~ 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, 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 *ay of limitation, drainage structures for
both sanitary and storm sewer ground embraced within the right-of-way herein-
after described, which is located within the boundaries of a tract or parcel
of land situated in the County of St. Joseph, State of Indiana, brief ly
described as follows:
A permanent right-of-way
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To have and tohold the said easement and �ght-of-wayunto 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
afmredescribed tract or parcel of land; that they have a good and law-
ful 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 . ]
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the contract requires. �
BOOK 821'PALE546
HEREOF the parties have hereunto set their hands
31st I —day of August , 1976.
BOARD OF COMMISSIONERS OF
Attest:
unty AU01tor
This 'instrument prepared by the City of South Bend, Indiana
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