HomeMy WebLinkAbout#1653- Deed; PERPETUAL EASEMENT Sanitary Sewer-b,- /65 3
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AUG 31.199" GRANT
5344020 JA,:.y.;,�
OF PERPETUAL EASEMENT '
SANITARY SEWER /-1 -70
TM INDENTURE made this �1 day of %
1991, by and between Crescent Homes, Inc. (hereinafter "Grantor"), and
the Civil City of South Bend, Indiana (hereinafter "Grantee").
WITNESSETH:
That for One Dollar ($1.00) and other good and valuable
consideration, the receipt of which Grantor hereby acknowledges,
Grantor hereby grants, conveys, and warrants to Grantee a perpetual
easement of the nature and at the location hereinafter set forth and
described for 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, briefly described
as follows:
Key Nos. 02-1088--4163 and 02-1088-4164
A part of the East Half (E 1/2) of the Northeast
Quarter (NE 1/4) of Section 31, located in Township
38 North, Range 3 East, all in Clay Township, St.
Joseph County, Indiana, more particularly described
as follows:
Beginning at the southeast corner of Lot 143 as
shown in the recorded plat of Hepler's Morningside
Addition as recorded in Book No. 14, Page H-8,
thence north along the east line of said lot, a -_
distance of 20'(feet); thence west along a line
parallel to the south line of said lot, a distance w
of 1601(feet) to a point on the west line of lot
144, thence south along the west line of said lot
144, a distance of 201(feet); thence east along the
south lines of lots 144 and 143, a distance of
1601(feet) back to the Point of Beginning,
containing .0745 acres, more or less.
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
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
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S1. JCS r--i-i CO- INDm%Nra
?asement such timber, brush, debris, or other
obstructions interfering with the sanitary sewer system.
Grantee shall restore the area disturbed by its work to as near
the original condition as possible.
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 now 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.
The Grantor hereby covenants with the City of South Bend that it
is lawfully seized and possessed of the parcel of real estate
hereinabove described; that it has a good and lawful right to convey
and that it is free of all encumbrances that would conflict with the
right herein granted.
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.
CRESCENT HOMES, INC.
By: ✓ �--`'
Thomas A. Huff, President
STATE OF INDIANA )
SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said
State, personally appeared Thomas A. Huff, personally known by me to
be President of Crescent Homes, Inc., the Grantor in the above Grant
of Perpetual Easement, and acknowledged the execution of the same as
his voluntary act and deed.
OULY E;`;
NE
ST. JOSr�-'-1 Co. INDiANA
O� day of A
WITNESS my hand and Notarial Seal this �
1992.
(Written Signature)
(printed Signature)
A resident of St- Joseph County,
Indiana.
�'•Gomrmis�ion Expires
Hall Mueller, Assistant City
This instrument was prepared by Mary
th Bend, IN 46601.
Attorney, 1400 County -City Building,
BPW4/EAS-SEW
DULY _ ; �;XATlON
liwE
ST. JGSL. i~i CU. INOI +NA
O UNN RD.
BEVD-1 '.MINE
S . JOSEPH CO. INDIANA
SCALEt 1"=30'
DATE: 7/24/92
9344020