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Tuesday, June list. 1927.
<br />(described tract of teal -estate esi-.ate in St. Jo_eph County, State of Indiana to wit:
<br />A nineteen (19) acre tract of land situate in the Southeast
<br />uart.er (4) of Section Four(4), Township 37 North, RB�nge 2 fast,
<br />and lying between the right of way of the New York Central Rail
<br />road Company and the South line of said Section Four (4),
<br />subject to the following terms and conditions:
<br />I. Said Sewer shakl be so constructed that the middle line thereof
<br />shall be in the west line of the tract of land above described, the one-half thereof
<br />to be confined within the six (6) feet off the west end of said tract, and the other
<br />half to rest upon the land formerly owned by Joseph Krill, adjoining the land of the
<br />first party on the west. 11
<br />2. Said sewer shall be not to exceed seventy- two inches (72)
<br />in diameter, and shall be laid not less than twenty-four (24) feet below the surface
<br />of the ground.
<br />3. A temporary easement is h reby granted to said City for the
<br />use and benefit of it's agents, servants, contra-ctors, subbontractors engaged in,
<br />the construction of said sewer, to occupy a strip of ground forty (401 feet in width
<br />off of the entire length of the west side of said tract of real estate, during the
<br />construction of said sewer, for the purpose of temporary deposit of materials, excavated
<br />;earth, etc., and for access to said sewer. On completion of the sewer second party
<br />■ shall remove all debris, materials, surplus earth, if any, fill up, level and tamp
<br />the sewer trench, so as to leave the surface of the ground in ilk's hatural condition.
<br />4. The party of the second part shall have the right at any time
<br />in the future to enter on said land for the purpose of making necessary repairs to
<br />(said sewer , providing that if any damage is done to the property or any improve-
<br />�ments of the parties of the first part, their successors or assigns,
<br />las an incident to the making of such repairs, prDper compensation therefor shall be
<br />,made by the part of the second part.
<br />5. Parties of the first part, their successors, and ass�;gnes, j
<br />shall at all time hereafter have the righ and privilege to tap sail sewer and make
<br />connection ixitherewith, under the direction of an engineer of the part of the second
<br />part, and to have the free use of the same for the purpose of drainage and. sewage,
<br />as an incident to the whole of said tract of land. And sayemake and maintain as many
<br />sewer taps and connections as may be reasonably necessary at any time in the future,
<br />to provide for the requirements of said land, and any structure, business, industry
<br />or other enterprise that may be constructed, maintained or established on said land.
<br />This grant of easement, however, shall not preclude the City from assessing the land I,
<br />;benefited by a sewer when a sewer has been constructed along the line of said easement
<br />as other lands are assessed under the Statute of the State of Indiana, and no deduct
<br />lion, rebate or concession will be asked by said grantees on account of the easement
<br />;hereby granted but future assessments made under the provisions of the law shall
<br />.,apply to the lands of grantors the same as if this grant had not been made.
<br />6. Nothing herein contained shall be so construed as to prohibit
<br />1parties of the first cart, their successors or assigns from the full and free use of
<br />ithe land covered by the easement hereinbefore granted, and they may erect, construct
<br />and maintain any structure on the surface or below the surface, at any point above
<br />(said sewer, and shall not be liable to the party of the second part for any damage or
<br />breakage to said setiver caused by the weight of overhead construction of any kind malte
<br />by the parties of the first part, their successors and assigns.
<br />This agreement shall be binding upon and inure to the benefit
<br />�of parties hereto, their heirs, personal representatives, successors and assigns.
<br />In witness whereof the parties of the first part have hereunto
<br />set their hands and seals on the 2lst., day of April, I927.
<br />George M. Studebaker i
<br />Anne Studebaker Carlisle
<br />Clement Studebaker Jr
<br />ALL AS TRUSTEES UNDER Ts E LAST `. ILL AND TESTAMIECdT OF CLEMENT
<br />STYDEBAKER DECEASED.
<br />George M. Studebaker,
<br />Ann. Studebaker Carlisle
<br />Clement Studebaker Jrl
<br />ALL AS RESIDUARY DEVISEES UNDER SAID LAST TILL AND TESTAJiEPtT OF j
<br />CLEM-EITT STUDEBA{ER DECEASED.
<br />Ada L.. Studeba-per
<br />Charles A. Carlisle
<br />• Alice. R. Studebaker
<br />:State of Indiana, St. Joseph CountySS
<br />Before me, the undersigned, a Notary Public within kn.d for said
<br />;County and State, this 2Ist.,,day of Aril, I927, personally appeared Geo. M. Studebaker
<br />
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