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Tuesday July 16th. 1912. Continued.
<br />AN AGREEMENT .''OF EASEMENT"
<br />THIS AGREEMENT, Dade this first day of July,1912, by and between the
<br />Northern Indiana Gas and Electric Company, a copp®ration of the State of Indiana,
<br />party of the first part , and the Cit y o f South Bend, Indi ana, ,by and through it s
<br />Board of Public Works, party of the second part, WITNESSETH:
<br />ICEREAS, the said party of the first part is the owner and in possession
<br />of the following described real estate, situate in said City of South "Bend,County of
<br />St. Joseph,State of Indisna,to-wit:-
<br />Beginning at a point Seventy-seven and four tenths (77.4) feet .east and
<br />five (5) feet south of the first angle in the North line of Pennsylvania, Avenue east
<br />of High Street, in, skid Cit of South Bend; thence along the forth line of the pro-
<br />o t N� h I In ana Gas gd Etlect�ri8 Co da east- TThir y-gjx and twelve
<br />edt s 6. ee , ence sou Wes er y ne n ed and Twen Y Ran n ne-
<br />tenths (126.9) feet to a point in the Northerly line of Pennsylvania Avenue One
<br />Hundred Sixty-six and twenty-five hundredths (166.25) feet southeasterly •from- said
<br />first angle eas$r of High Street; thence Northwesterly along the Northerly line of
<br />Pennsylvania Avenue Fifty Two and nine tenths (52.9) feet; thence northeasterly
<br />Eighty Two and Twenty five hundredths (82.25) feet to the place of beginning.
<br />Also beginning ¢one Hundred Eighty One and seven tenths .(151.7) feet
<br />east and One Hundred Fifty Nine and forty three -hundredths (159.43) feet north
<br />of the first angle in the north line of,Pennsylvania Avenue east of High Street,in
<br />said. City, of South Bend; thence along the west line of the property of the
<br />Northern Indiana Gas and Electric Company North two hundred Nineteendand forty
<br />seven -hundredths (219.47) feet to the southerly line of the Lake Shore & Michigan
<br />Snuthern Railway Company's right of way; thence south fifty-seven (57) degrees
<br />forty -five (45) minutes east along said right of way fifty-three (53) feet; thence
<br />south thirty two (32) degrees fifteen (15) minutes west along said,. right of way
<br />twenty-five (25) feet; thence south fifty-seven (57) degrees forty-five (45) minutes
<br />east along said right of way twenty-three and seven -tenths (23.7) feet, thence
<br />in &' southwesterly direction One Hundred Sixty-five (165) feet to the place of beg-
<br />inning.
<br />And, WHEREAS, the said second party is desirous of constructing and
<br />maintaining a public sewer upon and through said premises, as well as upon and
<br />through other lands and along streets in the neighborhood of and adjacent to the
<br />above described lands;
<br />NOW, THEREFORE, it is agreed by and between the parties hereto that in
<br />consideration of the sum of One Dollar ($l), paid by said party of the second part
<br />to said party of the first part and of the agreements and. promises hereinafter
<br />contained, to be kept and performed by said party of the second part, said party of
<br />the first part does hereby GRANT unto said party of the second part the right to
<br />enter, upon said above described lands and to survey,l&y out, construct and to
<br />forever keep up and maintain a public sewer in, upon and through the said above
<br />described lands.
<br />:Provided however, that in the construction of said sewer through
<br />said^ lands, the said party of the second part, its representatives and contractors
<br />shall so perform the work as not to interfere with the operations of the railroad
<br />switch of- said party of the first part now upon said land; and gprovidedVfurther;
<br />that if said party of the second part, its representatives or contractors damage
<br />or molest the three lift storage gas. -holder and steel tank of a capacity of
<br />520..000 cubic feet, and the barn or other structure or building, new upon said
<br />premises, or any of them said party of the second part shall cause the same to be
<br />restored upon the completion of said sewer into as good a condition as they or it
<br />were at the time of such damage or molestation, and that in hhe event thesaid
<br />gas -holder and steel tank must be disturbed by said construction, of said sewer,
<br />then said party of the second part shall give the party of the first part ten days
<br />written notice of the desire of the party of the second part to have -said gas-holdv
<br />and steel tank emptied, whereupon the party of the first part shall empty the sane
<br />nd- the party of the second part shall pay said party of the first part the reaeon-
<br />cost of emptying and refilling the same, which cost it is agreed shall not ex-
<br />seed Seven Hundred Fifty Dollars ($750); and provided also that upon the completion
<br />of said sewer, said party of the second part shall level the surplus earth and
<br />leave the surface of said land which will be disturbed by the construction of said
<br />sewer in as good and level a condition as when the same wasentered upon by said
<br />Party of the second part.
<br />WITNEs S the hands and seals of the parties hereto, this day and year
<br />first abcve written.
<br />NORTHERN INDIANA GAS AND ELECTRIC COMPANY.
<br />BY LEWIS LILLIE
<br />VICE PRESIDENT.
<br />ATTEST: G. W. CURRAN
<br />Secretary.
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