HomeMy WebLinkAbout#1162- Deed; Easement and Right of Way- From Miller, 202 E. Pendle, Town of RoselandEASEMENT AND RIGHT--OF-WAY from
Richard F. ililler, 202 E. Pendle,
Town of Roseland.
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EASEMENT AND RIGHT-OF-WAY
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In consideration of the sum of One Dollar and conditionr'
°n 13a e oi3 Dollars cash in hand paid, receipt whereof is
hereby acknowledged, N-�r4 ged, the undersigned hereby grant, bargain, sell, convey,
transfer, deliver unto the Civil City of South Send, 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, 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 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, briefly
described as follows:
202 mast Pendl.e
Town of Roseland,
South Bend, Indiana
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20 ft. Front Pendl.e St. x 330 ft. N.a.Sj�l
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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 Bead, Indiana, that they are lawfully seized and possessed of the
aforedescribed tract or parcel of land; that they have a good and law-
`ul 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.
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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 end are employed, They will likeaiisea 1 s er
PP .Y to the masculine gender, whenever
the contract requires.
Mr Richard F, Miller
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78218U5
B
ST. JOSEPH COUNTY )
STATE OF INDIANA }
SS:
Before me, a Notary Public, in and for said County and State,
Personally appeatred Riahard r - r'.11e.r
who acknowledged the execution of the
above and foregoing instrument and easement as his free
and voluntary act and deed this 28tn day of August, 1978
My commission expires:
Jan. 22, 1979
Notary Public
David A. Wells, a resident of
St. Joseph County.
SPECIAL, CONSIDEP.ATION3:
The owner of salt? Pro-.erL-y small be able to
hook up to the sewage line free of charge when
deem necessary.
NO manhole will be installed on said easement,
.by: Thomas J. Brunner, Jr., -9ity Attorney.
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FILED
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