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Tuesday, June 2Ist. 1927.
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<br />In the above named resolution, the 1otor Industries, Incorporated,
<br />of Cook Cpunty, State of Illinois, haveng heretofore filed their written remonstrance
<br />against taking overtheir land described in saidresolution now again appear by Harry
<br />R. Wair, t'-_eir attorney, and fill their written objection, for condemnation of land
<br />and make offer for a modified course through their land, vdhich protest and offer are
<br />in words and figures as follows, to wit;
<br />"Easement.
<br />This indenture:, -made and entered into between she Motor industries,
<br />Inc., of Cook Co. , State of Illinois, party of the first part and the City of South
<br />Bend, St. Joseph County, Indiana, party of the second part,
<br />WITNESSETH; THAT,
<br />In consideration of the sum of One (1.00) Dollar paid by the senond
<br />party unto the first party, the receirt whereof is hereby acknowledged by said first
<br />party, the said first party does herebt give and grant unto the second party the
<br />�rivilege and easement to construct and mintain in perpetuity, a trunk sewer, six
<br />6) feet in width on either side of center lines drawn as follows, to wit:
<br />Beginning at a point forty (40) feet west and thirty (30) feet north
<br />of the southeast corner of Fancy Street and "lestmoor Street in the said
<br />City of South Bend, as shoiin on the recorded plat of Lincoln Manor
<br />Third .Addition to said City of South Bend, recorded in plat book No.
<br />I2 at page 86 pf tWe pmblic records of St. Joseph County, Indiana,
<br />which point is the intersection of the center line of lestmoor Street
<br />,nd the east line of Section Four(4), Toarnship Thirty-seven (37) North,
<br />Range Two (2) East; thence running west from said beginning point along
<br />the center line of said Westmoor Street produced West a distance of
<br />Thirty (30) feet to 'the east line of a tract of land known as parcel
<br />Number Three (3),'belonging to the New York Central Railway Company;
<br />all in said City of South Bend, St. Joseph. County, State of Indiana.
<br />ALSO
<br />Beginning at a point One Hundred and Ten (II0) feet west and thirty
<br />(30) feet North of the Southeast Corner of said Nancy Street and said
<br />+estmoor Street; in the said City of South Bend, which point is on the
<br />center line of .'destmoor Street, produced west, a distance of seventy
<br />(70) feet west of the east line of Section Four (4), Toviriship Thirty -
<br />Seven (37) North, Range Two (2) East and is also on the West line of
<br />a tract of land :n wn as Parcel Number Three (3) belonging to the New
<br />York Central Railway Company; thence running West from said beginning
<br />point along the center line of said 'Jestmoor Street produced Wiest, a
<br />distance of five hundred sixty-nine andT 30/I00 (569.30) feet to the
<br />-past line of a #Tact of land knoYm as pparcel Number Two (2) , belonging
<br />to the said New -York Central Railway Coinpany; all in said city of
<br />South Bend, St. Joseph County, state of Indiana.
<br />AND ALSO
<br />Beginning on the hest line of said tract of land known as Parcel Number
<br />Two (2) and the center line of said Westmoor street, produced ,'lest, at
<br />a point seven hundred nineteen and 30/I00 (7I9.30) feet west of the
<br />east line of said Nancy street; thence running West along the center
<br />it line of ^aid `;'estmoor Street, produced `-lest, a distance of six hundred
<br />and 7/I0 (600.7) feet to the east line of the tract of land known as
<br />Parcel Dumber One (I), belonging to the said T1ew York Central Railway
<br />Company; all in said City of South Bend, St. Joseph County, State of
<br />Indiana.
<br />This conveyance is ffahis sub :ect, however, to any leasehold or other j
<br />rights that the Chicago, South Shore a._ld ---:ouch BendCompany, formerly tie '
<br />Chicago, Lae Shore and South -3end Railvray Company, may have th the real estate across
<br />which the center line first above._ described runs.
<br />Said serer shall be so cons rueted that the middle line thereof shall be
<br />along the lines hereinabove given and shall not exceed seventy-two (72) inches in
<br />diameter and shall be laid not less than twenty-four (24) feet below the serfaee of
<br />the ground.
<br />A temporary easement is hereby Granted -to said City for the use and.
<br />benefit of its agents, servants, contractors and sub -contractors, engaged in the con-
<br />struction of said sewer, to occupy a strip of ground Forty (40) feet in width on either
<br />side of the above described center lines, during the const?7uction of said set=rer for
<br />the purpose of temporary deposit of materials, excavat"Ak.vearth, etc., and for access
<br />to said se,,er. On competion of the said se:.rer said second party shall remove all
<br />debris, materials, surplus earth, if any, fill up level and tamp the sewer trench,
<br />so as to leave the surface of the ground in its natural condition.
<br />The party of -the second. part shall have the right at any time in the
<br />future to enter on said land for the purpose of making necessary repairs to said sewer
<br />providing that if any damageimprovements of the party
<br />is done to the property or any
<br />of the first part, their successors or assignes, as and incident to the making of any
<br />such repairs, propery condensation therefore shall be made by the party of the second
<br />part.
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