HomeMy WebLinkAbout#1692- Deed; EASEMENT AGREEMENT Lot I as shown on the Plat of subdivision of Lot C to River Park, Recorded 7-21-1900, Plat Book 7, page 7r
CI-T I 1 L
9502365
EASEMENT AGREEMENT
THIS AGREEMENT WITNESSETH that the undersigned, David Lesley,
of 2625 Northside Boulevard, South Bend, Indiana (hereinafter
referred to as the "Grantor"), in consideration of the sum of One
Dollar ($1.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, hereby
grants unto the Civil City of South Bend, St. Joseph County, State
Of Indiana (hereinafter referred to as "Grantee"), a permanent
easement, including the perpetual right to install, construct,
operate, patrol, maintain, repair, revise, renew, remove and
replace a sewer system, its pipes, lines, spillways, systems, pump
.r; stations and/or other facilities (the "Facilities"), together with
r^; the right of ingress and egress from the said easement for the
'� r' purposes of maintaining said sewer, pipes, lines, spillways,
. systems and other facilities and equipment incident thereto, in,
!...�_.,, upon, over and under the following described real estate located in
`:. the City of South Bend, St. Joseph County, State of Indiana,
briefly described as follows:
Lot I as shown on the plat of the subdivision of
Lot C to River Park, now the City of South Bend,
Indiana, by the Twin City Reality Company recorded
July 21, 1900 in Plat book 7, page 74 in the
Office of the Recorder of St. Joseph County,
Indiana.
The easement granted hereby is for the benefit of the City of
South Bend, Indiana for the maintenance of said Facilities and
easements, 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
Facilities.
The easement hereby granted and all rights, covenants and
restrictions and provisions related to said easement constitute
covenants running with the land and shall be binding upon the said
Grantor 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 said described real estate.
This Agreement shall inure to the benefit of and be binding
upon the parties hereto, their successors or assigns.
The Grantor hereby covenants with the Civil City of South Bend,
Indiana, that he is lawfully seized and possessed of the aforesaid
tract or parcel of land; that he has a good and lawful right to
sell and convey; that it is free from all encumberances; and that
he will warrant and forever defend the title and quiet possession
thereto against the lawful claims of all persons whomsoever.
The Grantor hereby releases any and all claims for damage, from
whatsoever cause, incidental to the exercise of any rights herein
granted.
It is understood and agreed to 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 masculine gender are employed, they will likewise apply to
the feminine and neuter gender, whenever the Agreement so requires.
IN WITNESS WHEREOF Grantor and Grantee have executed this
Agreement as of the 2-1 day of 79 19$9
GRANTOR: DAVID LESLEY
STATE OF INDIANA
) SS:
ST. JOSEPH COUNTY )
Before me, a Notary Public in and for said County and State,
personally appeared David Lesley, who duly acknowledged the
execution of the foregoing Easement Agreement as his free and
voluntary act and deed.
Witness my hand and seal this 2Z�2& day of
My commission expires:
A resident of St. Joseph-e,
qa'�i Indiana . .....
ATTEST: GRANTEE: CITY OF SOUTH BEND by its
BOARD OF PUBLIC WORKS
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This instrument prepared by Jenny Pitts Manier, Assistant South Bend
City Attorney, 1400 County -City Building, South Bend, Indiana 46601
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