HomeMy WebLinkAbout#1926- Deed; GRANT OF PERPETUAL EASEMENT Dollar Lake 1st 22332 Cloyd Streetf C/a �,
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GRANT OF PERPETUAL EASEMENT
WATER MAIN
THIS INDENTURE made this / --;I A day of
1996, by and between Cleo and Era Gean (hereinafter referred to as
;._:•n'. Grantors"), and the Civil City of South Bend, Indiana (hereinafter
�`!' %. •'; referred to as "Grantee") . r,.
WITNESSETH
That for One Dollar ($1.00) and other good and valuable
.,'-`consideration, the receipt of which Grantors hereby acknowledge,
;Grantors hereby grant, convey, and warrant to Grantee a perpetual
easement of the nature and at the location hereinafter set forth as
described for the installation, construction, operation,
maintenance, adjustment, replacement, repair, alteration, removal,
modernization, and use of a water main 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 St. Joseph County, State of Indiana, briefly
described as follows:
Key Number: 05-1035-045735
The east 20.00 feet of Lot. No. 33 in an unrecorded Plat
of Dollar Lake First Subdivision more particularly
described as follows:
Beginning at the northeast corner of Lot No. 33 in and
unrecorded Plat of Dollar Lake First Subdivision thence
west along the north line of said Lot No. 33, a distance
of 20.00 feet, thence south parallel with the east line
of said Lot No. 33, a distance of 284 feet, thence east
along the south line of said Lot No. 33 a distance of
20.00 feet to the east line of said Lot No. 33. Thence
north along the east line of said Lot No. 33, a distance
of 284 feet, to the point of beginning, being the
northeast corner of said Lot No. 33.
More commonly known as 22332 Cloyd Street, South Bend.
The easement granted herein shall pertain to the air surface,
and subsurface rights and interests of the Grantors, 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 remove from said easement such
timber, brush, debris, or other obstructions interfering with the
water main system.
The Grantee shall restore that area disturbed by its works to
as near the original condition as possible.
The Grantors reserve 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
obligation, 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 Grantors hereby covenant with the City of South Bend that
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.
The Grantors hereby release any and all claims from whatsoever
cause, incidental to the exercise of any rights herein granted
other than willful misconduct or gross negligence of the City of
South Bend.
IN WITNESS WHEREOF, the said Grantors have executed this Grant
of Perpetual Easement for water main system on the date shown on
the acknowledgment set forth herein.
GRANTORS
Cleo Gean
Era Gean
0
STATE OF INDIANA
COUNTY OF ST. JOSEPH
SS:
Before me, the undersigned, a Notary Public in and for said
State, personally appeared Cleo and Era Gean, the Grantors- igrthe
above Grant of Perpetual Easement, and acknowledged the 'ex�"n' ' V�f4'
of the same as their voluntary act and deed.
WITNESS my hand and Notari
y�»t 1996.
My Commission Expires:
�:'?- 7- 90
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Seal this
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Printed - A resident of
. Jh County, Indiana.
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This instrument was prepared by Anne E. Bruneel, Assistant
City Attorney, 1400 County -City Building, South Bend, Indiana,
46601.
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APPROVED
Board of Public Works
W
S T. J r- PH R C L, i) E 3632570
AUG 19 11 34 41-1 '9(')'
ST, JOSLPH CO.
INDIANA
FILED FOR. RECORD