HomeMy WebLinkAbout#1228- Deed; grant of Easement - from Larc Development Company, (CLEVELAND ROAD SEWER PROJECT)GRANT 01 EASE iENT from Larc Development
Company -
(CLEVELAND ROAD SEWER PROJECT)
GRANT OF EASEMENT -
-- • - i
THIS INDENTURE WITNESSES, that Larc Development Company, an
Indiana Partnership, hereinafter referred to as ("Grantor"), as an
accommodation and in order to induce the installation of utilities
ranted, hereby rants unto the city of
in the easement hereby g Y g Y
j South Bend, Indiana, hereinafter called ("Grantee"), an easamEnt,
for the purposes hereinafter described, under and across the parcel
of real estate in St. Joseph County, Indiana, which is more
particularly described on Exhibit A attached hereto and made a part
hereof. Such easement shall be a perpetual easement and shall be
for the purpose of installing, constructing, maintaining, and
repairing and renewing any sewers including storm or sanitary sewers
and any other utility facilities, provided that any lines, mains,
wires, or pipes shall be installed underground and that there shall
be no open ditches or open drains in said easement.
The Grantee shall have the right to enter upon and bring
vehicles upon the real estate as may be required for it to perform
the purposes of this easement and to install, construct, repair,
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maintain, renew, and operate _and any utility services which it may
now, or hereafter, desire to locate upon the said easement. The
Grantor shall have the right to improve the surface of the easement
and to pave and/or landscape the same, but the Grantor shall not
construct any buildings or structures on the easement. If the
Grantee shall damage any improvements or landscaping, or any paving,
which is located on the easement area in the performance of its
rights hereunder, the Grantee shall promptly repair the surface
of the easement area to the same condition it was in immediately
prior to the Grantee's entry upon the easement area and the performance
of its work which caused the damage to such surface of the easement
area.
In consideration of the Grant of this easement, the Grantor
shall have the right to tap -on and be served by any sewers located
by the Grantee on the easement area without charge, and to tap -on
and be served by any other utility services located on or within the
easement area without tap -on or connection charges, although the
� 7%0 0 01
aer of any such sewers or utility services shall be subject to
urges therefor other than tap -on or connection fees, to the
ime extent that other users of the same class are charges for
such services.
IN WITNESS WHEREOF, this instrument is executed by a duly
authorized partner of Larc Development Company on this 30th day
of August ,1979.
LARC DEVELOPMENT COMPANY
By 7f
Robert A. Rose, Part
STATE OF INDIANA )
SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and State,
personally appeared Robert A. Rose
, a duly
authorized partner of Larc Development Company, who acknowledged
the execution of the foregoing Grant of Easement on behalf of Larc
Development Company and stated that he was duly authorized to
execute the same on its behalf.
IN
WITNESS
WHEREOF, I have set
my hand and notarial seal on
this �Q
day
of /'�/.�C C�rv�
, 1979.
Debra K. Kersey - Notdry Public
My Commission Expires:
�lnt~of Residence.
y i
til . ...
J
This Instrument was prepared by Walter E. Wolf, Jr,, Klineman, Rose
and Wolf, 2130 One Indiana Square, Indianapolis, Indiana 46204
7 2.0001
FYRTRTm a
Commencing at the northwest corner of Section 20, Township
38 North,.Range 2 East, German Township, St. Joseph County,
Indiana; thence south along the west line of said Section 20
a distance of 1096.03 feet to the point of beginning; thence
east along a line 1096.03 feet south of and parallel to the
north line of said Section 20 a distance of 676.64 feet more
or less to a point in the east property linee; t_henco north
along said east property line a distance of 50.00 feet;
thence west along a line 1046.03 feet south of and parallel
to the north line of said Section 20 a distance of 676.64
feet more or less to the west line of said Section 20; thence
south along the west line of said Section 20 a distance of
50.00 feet; thence west along a line 1096.03 feet south of
and aprallel to the north line of said Section 19 a distance
of 1322.50 feet more or less to the west property line; thence
north along said west property line a distance of 50.00 feet;
thence east along a line 1046.03 feet south of and parallel to
the north line of said Section 19 a distance of 1322.50 feet
more or less to the east line of said Section 19; thence
south along the east line of said Section 19 a distance of
50.00 feet to the point of beginning, all in the northeast one
quarter (1/4) of Section 19 and the northwest quarter (1/4) of
Section 20, Township 38 North, Range 2 East, German Township,
St. Joseph County, Indiana.
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