HomeMy WebLinkAbout#258- Deed; Sewer Easement West off of Sheridan ave across dallas and mavis co. land-o-
ENTERED FORITAXATIOINI
B. MINER
UIDI T
. JOSEPH CO., IN*NDI NA
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l RFAS, Colpaert Realty Corporation and the 1drunicipal City of South
Bend, Indiana, have requested the right to construct, operate and maintain a
combined storm and sanitary sewer across such lands.
NOW, THEREFOR, in consideration of One ($1.00) Dollar and other
valuable considerations, the receipt whereof is hereby acknowledge, said Dallas
and Mavis For7ardi.ng Company, Inc., does hereby:
FIRST: Give and grant to Colpaert Realty Corporation and its emp-
loyees, contractors and sub -contractors, the right, privilege and easement of con-
structing a thirty (30) inch combined storm and sanitary sewer along, through and
upon a part of said area described as follols, to -Wit
Beginning at a point on the present West line of Sheridan Avenue
2451.65 feet East and 1014 feet South of the Northwest corner of Section 16
Township 37 North, Range 2 East; thence ifest 453 feet to the East line of
Belleville Gardens Second Unit; thence South on said 'East line 14 feet;
thence East 453 feet to said '"hest line of Sheridan ,Avenue; thence North
14 feet along said 'West line of Sheridan .Avenue, to the place of beginning.
SECOND; Give and grant to the Municipal City of South Bend for the
benefit of the public the .right, privilege and easement perpetually to maintain
"�- and operate said sewer after its construction.
Such construction shall be performed in conformity with plans and
specifications therefor approved by the Board of Public Works and Safety of said
Yunicipal City of South Bend.
Y(f Colpaert Realty Corporation shall indemnify and save said Dallas and
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construction and at the completion thereof leave the surface of said easement
strip clean and level with the adjacent territory; nor shall any lien be assessed
against said adjacent lands of Dallas & Mavis Forwarding Company, Inc. or any
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.psrs4raal -liability be asserted against it for or by reason of such construction.
J Dallas ft Mavis Forwarding Company, Inc.,"shall have the privilege of
j ry�ii coanect�ng lateral sewers constructed in such adjacent areas to the sewer so
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Col,aert Realty Corporation and its successors, as proprietors and
owners of Belleville Gardens Second Unit and adjacent territory and the Municipal
City of South Bend shall have and perpetually retain the right of flowage of storm
and sanitary sewage from such areas through such sewer to the existing Sevier on
Sheridan Avenue or any that may replace it.
For the purpose of maintaining the sewer provided for herein, the
Municipal City of South Bend and its employees and officers shall have the privilege
and license to pass to and from upon the surface of -the above described strip and
to do and perform on and in such strip such acts as may be reasonably necessary
for the purpose of maintenance and operation of the sewer provided for herein
INTUTNES5 WHEREOF, said Dallas & Mavis Forwarding>Company, Inc. has
caused this instrument to be executed in its name and on its behalf by its President
attested by its Secretary and its corporate seal to be affixed in triplicate
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counterparts ach of which shall be deemed an original, this De":+ day of Jam, 1951.
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DALLAS & MAVIS FONIARDING COMPANY, INC.
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S,y' y,v-- President
ATTEST �,�
"CCU,
r INITTTSS my hand and notarial seal, this � aday of-, � , 1951.
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C0n�ssion expires
A C C E P T A N C E
The Municipal City of South Bend, acting by and through its Board of
public Works and Safety, does hereby accept the perpetual easement above granted
upon the conditions stated in the foregoing instrument, this ;_0 day of Vie, 1951.
BOARD OF PUBLIC WORKS AND SAFETY OF THE
//T?U��NICIPAL CITY OF SOUTH BEND
A C C E P T A N C E
The temporary easement above granted is hereby accepted upon the
conditions stated int he foregoing instrument, this - day of �, *
-f-"- 1 9,51m
COLPAERT REALTY CORPORATION
fax �]:d `W:Tol.rtan, Secretary
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