HomeMy WebLinkAbout#1571- Deed; GRANT OF PERPETUAL EASEMENT As shown on the plat of Major's Addition to the City recorded 12,28,28,v /5717(
GRANT OF PERPETUAL EASEMENT
Lot 13 as shown on the plat of
Major's Addition to the City
recorded December 28, 1928.
9228498
GRANT OF PERPETUAL EASEMENT
SANITARY SEWER
THIS INDENTURE made this day of
1992, by and between Earl J. Redden, Jr., and John J. Redden, tenants
in common, (hereinafter "Grantor"), and the civil City of South Bend,
Indiana (hereinafter "Grantee").
WITNESSETH:
That for One Dollar ( $1.00 ) and other good and valuable
i'consideration, the receipt of which Grantor hereby acknowledges,`
Grantor hereby grants and conveys to Grantee a perpetual easement of
the nature and at the location hereinafter set forth and described f or
the installation, construction, operation, maintenance, adjustment,
replacement, repair, alteration, removal, modernization, and use of a
sanitary sewer system and related facilities, together with the right
of ingress to and egress from said easement for the purpose of
installing, constructing, operating, maintaining, adjusting,
replacing, repairing, altering, removing, and modernizing said system
and other equipment or facilities incident thereto, in, upon, over and
under the following described real estate in the City of South Bend,
St < Joseph County, State of Indiana, more particularly described as
follows:
A part of Lot 13 as shown on the plat of Major's
Addition to the City of South Bend, Indiana
recorded December 28, 1928 in Plat Book 13, pages
3'4. and 35 in the Office of the Recorder of St.
Joseph County, Indiana, described as follows:
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Beginning at the southeast corner of said Lot 13;
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thence north along the east line of said lot,
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233.04 feet to the southeast corner of an easement
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granted to the City of South Bend, Indiana
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recorded August 30, 1954, in Deed Record 531,
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pages 374 and 375 in said Recorder's office;
' thence west perpendicular to the east line of said
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Lot 13 along the south line of said recorded
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easement, 14.00 feet; thence south along a line
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14.00 feet west of and parallel with the east line
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of said Lot 13, 228.50 feet, more or less, to the
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northerly line of Lincoln Way East; thence
southeasterly along said northerly line of Lincoln
' Way East, 14.72 feet to the point of beginning.
The easement granted herein shall pertain to the air, surface, and
subsurface rights and interests of the Grantor, for the use and
benefit of -the Grantee, to the nature and extent that the Grantee may
desire said air, surface and subsurface rights and interests to
reasonably accomplish and carry out the general purpose of this
conveyance as the same has hereinabove been expressed. The easement
hereby granted is for the benefit of the City of South Bend, Indiana,
and expressly includes the right and privilege at reasonable times to
clean and remove from said easement such timber, brush, debris, or
other obstructions interfering with the sanitary sewer system.
Grantee shall have the right of ingress or egress over Grantor's
real estate adjoining said easement when necessary to install,
construct, operate, maintain, adjust, replace, repair, alter, remove,
modernize, or use the sanitary sewer system and its appurtenances.
Grantee will restore the area disturbed by its work to as near the
original condition as possible, subject to the terms of an Agreement
between Grantor and Grantee dated the same date as this conveyance.
The Grantor reserves the right to use and occupy the surface area
on and over the easement provided that said use and occupancy does not
in any way conflict or obstruct the Grantee's right to use said
surface for the purposes and intentions hereinabove expressed.
The easement granted herein and its associated benefits and
obligations, shall constitute covenants running with the real estate,
and shall be binding upon the Grantors and be an obligation thereof
of every person or entity how or hereafter having any fee, leasehold,
or other interest in all or any part of the said real estate.
This indenture shall bind and inure to the benefit of the
respective successors and assigns of the parties hereto.
Grantor hereby releases any and all claims from whatsoever cause,
incidental to the exercise of any rights herein granted.
IN WITNESS WHEREOF, the said Grantor has executed this Grant of
Perpetual Easement for sanitary sewer system on the date shown in the
acknowledgment set forth herein.
Earl/ Redden --J'r .
ohn J`J Redden,
Tenants in Common
)IANA
r. JOSEPH
SS:
Before me, the undersigned, a Notary Public in and for said
State, personally appeared Earl J.
Redden,
personally known by me 'to be the Grantor inJthe aboveoGranJ.
t ofdden,
Perpetual Easement, and acknowledged the execution of the same as
their voluntary act and deed.
WITNESS my hand and Notarial
1992. Seal this-� day of �)
iwritten Signature)
�tilf)i�;; wig Sa a;ture )
This instrument was r'yH• 'l) a �aTl Mu C j�;t i t ;t •r' rt..s. L
l�sth City
prepared by Mar`
Attorney, 1400 County -Cif Building, lding, South Bend,
BPW3/EAS-SW6
9,-),28498
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