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Home My WebLink About#1230- Deed; Easement - EASEMENT AND RIGHT-OF-WAY from North Central Indiana Development Partnership- (CLEVELAND ROAD SEWER PROJECT)EASEMENT AND RIGHT-OF-WAY from North Central Indiana Development Partnership - (CLEVELANL ROAD SEWER PROJECT) 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, 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 here- inafter 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: Commencing at the northeast corner of Section 19, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana; thence south along the east line of said Section 19 a distance of 1,096.03 feet; thence west along a line 1,096.03 feet south of and parallel to the north line of said Section 19 a distance of 2,640.00 feet more or less to a point in the north -south centerline of said Section 19 and the west property line, said point being the true point of beginning; thence north along said west property line a distance of 50.00 feet; thence east along a line 1,046.03 feet south of and parallel to the north line of said Section 19 a distance of 700.00 feet more or less to the west right-of-way line of the U.S. 31 North By-pass; thence south along the said west right-of-way line distance of 50.00 feet; thence west along a line 1,096.03 feet south of and parallel to the north line of said Section 19 a distance of 700.00 feet more or less to the point of beginning, all in the northeast One Quarter (1/4) of Section 19, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana. r�� rn 7920 03 Grantors shall have the right to change the location of the road easement, reserving to grantees adequate access to sewer pipes, water pipes and lift station. There shall be no "hook --up" charges or "tap charges"to these sewer 9 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 aforedescribed 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 releaee 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. Nort,h--Central Indiana Development Pa fr'tnership avid ;&-./-MalthpPs�,-�partner James P. Conboy, /r. ST. JOSEPH COUNTY ) STATE OF INDIANA ) SS: Before me, a Notary Public, in and for said County and State, personally appeared David Ls Matthews / E S � • C' a J $L ��'�• . who acknowledged the execution of the above and foregoing instrument and right-of-way as - free and voluntary act and deed this 3 1st My Commission Expires: January 18, 1993 day of August, 1979. otary Pub is Jolanta Szumi.al of St, Joseph County This instrument prepared by Thomas J. 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