HomeMy WebLinkAbout#266- Deed; Sewer Easement , river behind gravada theatre property-7, :-7-7"
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This Indenture Made and entered into this day of yp
1942, by and between the Aetna Life Insurance Company, a corporation of
the State of Connecticut, hereinafter referred to as Company, and the City
of South Bend, Indiana, a Municipality, hereinafter referred to ad City,
WITNESSETH.- That,
V&1EREJ4S, the Company is the owner in fee simple of a certain piece of
land, to -wit:
Lots 17, 18 and 19 in the South Bend,
Manufacturing Company"s Addition, City
of South Band, Indiana, and;
VR-MREA39 the City is constructing certain sewers and sewer lines for
the benefit of the aforesaid piece of land and of the community in general,
NOW, THE R-EFORE, the parties hereto, in consideration of the sum of
One ($1.00) Dollar, paid by the City to the Company and other good and val-
uable considerations, hereby agree as follows:
1. The company grants to the City or its successors, the right to
lay, maintaia, operate, alter, remove and repair a sewer, together with all
manholes, structures, pumping stations and appurtenances connected therewith,
through and over and under the following 6.escribed portion of the aforesaid
real estate, to -wit:
A strip of ltjid 8.0 ft. wide along a center
line; beginning at a point on the north Property
Line of Colfax Ave. a distance of 347.1 ft. East
from the East Property Line of Michigan St.; thence
Northwesterly a distance of 183.2 ft. to a point
which is'146.5 ft. North of the North Property Line
of Colfax Ave. and 237.2 ft. East of the Last Property
Line of Hichigan St.; thence Northwesterly along a
line determined by a deflection angle of 210 31 to the
right to a point 75.0 ft. South of the North Line of
Lot No. 76 in the Original Plat of South Bend and
220.9 ft. East of the East Line of Michigan St.
This grant is upon the understanding and agreement that
the Company by reason of its aforesaid ownership or otherwise
shall not be assessed or charged for any part of the cost of
such work or im-Provement.
2. The Company further grants to the said City the right to
enter Upon said premises at any time with all necessary men and equipment for
the purpose of laying, maintaining, operating, repairing, reconstructing or
removing said sewer or any, structures, manholes or appurtenances connected
therewith.
3. The City covenants that it will repair any damage done by it
or any of its agents or employees in connection with the exercise of any of
- 2 -
the rights herein granted by said company upon the real estate described
above without any cost whatsoever to the company.
4. The City further covenants that it will save the Company, its
successors or assigns, harmless from any damage or injury which may result to
any third person as a rosult of the exercise by the said City of any of its
rights herein granted by the said Company.
IN WITNESS VVHERE-OF, the parties hereto have executed this indenture
by causing -the signatures of their proper officials to be subscribed hereto
and their official seals impressed hereto the day and date first above
written.
Attest:
ILETNA LIFE IN8%,'gJ6E*'C
C_Y
by
CITY 01" SOUTH BEND, INDLUa,'
by
Its Yr
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ST • N SE. 'Fj- C C' TINY )
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undersisnect, a `?otsra
e:!.`arc me, I>itb.l. . c :ixl anU.
County and State, per'soi�ally ap��cared. Jesse 1•
pavey and
said. and City
Clerk of South
Nelson resgectivel;( the 'r"ayo�'
P,Iar3e H. STe3 ed that they
fend, Indiana, a nxunicip
al corporation, and acl�novrled�,
sir zed the corpora name and tlic'�r narzes and affixed
respectively foregoing
the aorparatc seal of said. corporation to the et
and attested tk its voluntary a
easement for and on behalf of said corporation
as
and deed. day of
witness my hanC: axxc3. notarial seal this �, ------
Et 174117f!!!R✓ 't��k '
jrest
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1
"NS1t2L OF CCT''C;l'7 ' `S:
l
there 1"sonally appeared_,_,
the
.and _ -.-
mhen and d
;; e
_����� � respectively the i
r-
of said Ae,6s Life Insurance Gorep any,
and P 3natruraent, and ackria�rle���ed the
signers and sealers of
the sore Soin�;
act and deed of the
deed and the free
and
their free act
same to C3
ON
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