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PP__ T
<br />e6
<br />Tuesday, June 2lst., I927.
<br />Nothing herein contat.ned shall be so construed as to pro-
<br />hibit said party of the first part, it's successors or assigns from the full and leree
<br />use of the land covered by the easement hereinbefore grantedm and it may erect, construct
<br />.and maintain any structure on the surface or belmry the surface, at any point above said ;jse
<br />i sewer and shall not be liable to the party of the second part for any damage"or breakage; t
<br />said sewer caused by the weight of overhead construction of any kind made by the party
<br />1 of the first rartt it's successors and assigns, provided, however, that such structures
<br />if any, are made in accordance -�?iith proper architectural plans and designs for structures
<br />whi&h have in the ground beh,eath openings or construction work similar to this sewer.
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<br />This agreement shall be binding upon and inure to the
<br />benefit of parties hereto, their heirs, personal representatives, successors and assigns._
<br />In witness whereof, the parties hereto have hereunto set
<br />their hands and seals this 2Ist., day of June, 1927.
<br />Motor Industries, Inc.
<br />ByElmer 1.5. Kasdorf Vice- Pres.
<br />1lalter J. Buettner, Secy.
<br />City of South B end , Indiana
<br />By William R. Hinkle
<br />John J. Olejniczak
<br />Ralph H. Kuss
<br />(.executed in duplicate original) Board of the Department of Public .°lorks thereof.
<br />State of Illinois) S S.
<br />County of Cook )
<br />Before me, the undersigned a notary public in and for said
<br />County, came Elmer 11. Kasdorf and 1:7alter J. Buettner, Vice President and Secretary
<br />respectively of the Motor Industries, Inc., and acknowledged the execution of the above
<br />instrument for and on hehalf of said company.
<br />June, 1927.
<br />STATE OF INDIANA)
<br />ST. JOSEPH COUNTY) S.S.
<br />I
<br />;;fitness my hand and official seal this 2Ist. , day of
<br />otarl Public
<br />j Before me, the undersigned, a notary public in and for
<br />said country and state, personally appeared 111illiam R. Hinklet and John J. Olejniczak
<br />amd Ralph H. ;fuss, all members of the Board of Public :`forks of the City of South Bend
<br />Indiana, and acknowledged the execution of the above and foregoing instrument for and
<br />in behalf of said City. In witness whereof I have hereunto set my hand and official
<br />j seal this 2Ist., day of June, I927.
<br />Hazel A. Turner, Notary Public
<br />TOY Commission expires Jan.9, I920."
<br />And Edward Krill, et Al., t nants in common of certain
<br />land, having 4eretofore entered their protest and remonstrance against the taking of
<br />their land as set out in said resolution, and George M. Studebaker, Et Al., tenants
<br />in common of fertain lands described in said resolution,, have filed their written
<br />oD jections to the taking of their said land and have filed a written agreement convey-
<br />ing to the said City, for easement purposes, the lands described in said resolution,
<br />which agreement is in words and figures as follows, to wit:-
<br />EASMM74 TT.
<br />This Indenture made between George M. Studebaker, Anne
<br />StudebakerCallisle, and Clement Studebaker Jr., as Trustees under the last will,and
<br />testament of Clement Studebaker, late of St. Joseph County, Indiana, deceased, George
<br />M. Studebaker, Anne Studebaker Carlisle and Clement Studeba'_ker Jr., as residuary
<br />devisees tinder said last will and testament of Clement Studebaker, Deceased, and Ada
<br />L. Studebaker, Charles A. Carlisle and Alice R. Studebaker, respective spouses of
<br />said residuary devisees, parties of the first part, and the City of South Bend,'St.
<br />Joseph County, Indiana, part of the second part.
<br />ahIITNESSETH: That
<br />In consideration of the sum of 84.35 (Eighty-four dollars
<br />aid thirty-four cents) paid by the party of the second part to the parties of the
<br />first part, receipt whereof is hereby acknowledged, the parties of the first part do
<br />hereby give -and grant unto the party of the second part, the privilege and easement to
<br />construct and maintain in perpetuity, a trunk sewer, thru and across the following
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