HomeMy WebLinkAbout#305 - Deed; Sewer Easement along East Line Greenlawn Ave. North of Northside Blvd to North line of Hildrethpprr�
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TRUSTEES OF INDIANA
D"°°)Arius of the u"irvf",:
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That for and in consideration of the awaawra of One t`p'arsl.laar,
cash in pata,rtap psa" ld, the receipt of w&a; c7h is lama!y sacptaaaorwl.caclp~'red,p
the parties of the first st- part have this day brgaar.nus d and weep<d,
aid by these presents ,ra,"nts do bargain, ain, sell, cS z,),vf:"y, C ,iy. sfer Slid dr l;A"var
to tw'pp,e °r.VIL CITY O Se,9taaRR BEND, It"ltyl:AA, as paaaw;'a'aaayaaaent easement and
right -asp; wny, including the pae"aa.pwaaa"uaal a a o,pat, to enter uptuaa Clio real-
estate
hereinafter rnaf:awoa�a.. described, ibe d, at any � N ��ra that ,k't. may see fete, and
r. ". awn w � � �", n� �ti. �. �,
construct, a. ct , maintain, and v'4,rsi ,r p.'r n sewe,,r line ow,,"9.aper and t:hra"rwagh the
l.nr'r. AMARter described, together with the rightto excavate and
refill ditches asnap/a;sr trenches for the location of said under ro'Und
scm7ar, and the further right, subject to the conditions herainafter
sets' ;fo",'c0'a,y fl,,.o tra es, 'trap« ho,riaa, @,mde7waga""ovvw .;h r!,i.nd other obstructiona
int,,.arfe.:ring with the location, w:aanst u,cttl.on,, and maintenance of said
a,,Mderpyaaound sewer.
The land d M ected by the gr m,� ,Rica. r,:if thmz,� « siei� c ,.nts and the
right-of-way is .p.oca,.ed in the County of St. Joseph, in the St;,aat;
W Indiana, and the ar^ ar saes,.2e ntµ and right-of-way hereby granted aave
a strip of land more particularly described as follows;
A 30 p'oof,",,. 6, aH9i,'"apa(^rY a;"t'�Yf� ' aani9l'r�r t.. as au,Pi+�.,C'.u"�f,;'*, aw as �,a+aa"aa�',aa;a' a"aiL" d
as 15 footpa, a °uaaaswaent utility uanaaeaaentM located along
the cast side og and adjacent to u," reew'al aawaa vm revue:
from the north line o toms Side Boulevard the
nDr th line of Hil_drast h Street extended rad3re partic-
ularly described as follows: : aapt p, ^aaaing at the in-
tersection w^se t°p;.on of the northerly right-of-way Line of;
Nix th tide Boulevard and the easterly ° a , -w ay
line of tlawaaen laa wn' Avenue; thence northerly along
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tlaa . . . . . . sonlewad rd; thence
unstarly aloug said norti"'terly. llava, of Side
Boulevard to the Point of begirning-
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-it -of-way unto o have and to hold sel d eas(,,wmant and i, igl
ssid CIVIL CITY OF SOM MUM, INWIANA, and ianto its successors and
assigns, forever,
parties of the first part do hereby covenant with TIRE
CIVIL CITY OF SOUTH BSNO, INDIANA, that they are lewfully seized
and possessed of the re ,a)!.. nbr,," e tha,,t they have
a Goad &-i"i'd rQht to convey it, or any part thereof, that it:
is Wee ZVOM all enWUMLra=a, and Lhat they will fa, newen wanvank
and defend the title thereto age-Jazat the awful 0181=3 of 'all"'Perequa
whomsoever.
Said CIVIL CITY OF SOUTH BUND, INDIANA, ngrees to pay to
the Eirst party any damage which may result to ita property bi reasoll
of the corasLruccion, laying, installation, and °owlxitenance of said
underground sewer, including the restoration, at said CIVIL CITY'S
expense, after, th
condition that it
and, said CIVIL C
B occurrence of any of the aforesnid acts to the
is in as of the datwof,granting of this easement;
ITY ZUXZKe= ag=wes =1 W_W�
IMIvERSITy free vnd harmless from any claims for or payment of domages
for any injury or daftu?,Sca tOl person or property that may now or hero -
after result KOM Lhe exercise oZ the rights granted it hereunder
on, part of said CIVIL CITY.
Any damages Lo the property of said TRUSTEES or their''
SuMessors or assigns caused by said CIVIL CITY OP SOUTH, BES, INDIAM,
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laimefor such dama
IN WXTMESS'WM3
WOLdent and Treasurer,
any, belng giled with
i am orry,
CIVIL CITY.
part have
its Vice-
Involl"I'n
.-r
Mixed and attested by its Secretary, this oy of October,
TFM TRUGTEF.V* _A jjA UN,,XVF
BY
V Me President and Trezieurer
ATTEST!
iu. 1% Wed,
Secretary
STATZ OP WDIAMA)
SS -
Before me, 'a
�'qot'ary j'0)Ljj')j�jC in ond fov said County and ttate
Per-sMMHY ap,�E,,peared before
me, J. A. Franklin, Vice President
and
Treasurer and F. T. Reed, Secretary, ras&ctively of The Trustees of
00 scTknauledg the execution of the above and
furs9cing an behalf of
Th, Indiana Uni.versig, , h,,r
free and voltmcary set
T
and deed day
Of October, 1961.
Notary Public
EASEMENT
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HENLEY & BUNCNR
CITIZENS BANK BUILDING
BLOOMINGTON, INS?IANA O
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!:t1ar.r1r.L'41 Lur, uuiivoifivuiiviv >!LLNM
OF SEWER LINE'
THIS INDENTURE, made and entered in
TRUSTEES OF INDIANA UNIVERSITY, hereinafter r
06b 0 K - M 4, VM tJP P
That for and in consideration of the sum of One Dollar,
cash in hand paid, the receipt of which is hereby acknowledged,
the parties of the first part have this day bargained and sold,
and by these presents do bargain, sell, convey, transfer and deliver
to the CIVIL CITY OF SOUTH BEND, INDIANA, a permanent easement and
right-of-way, including the perpetual right to enter upon the real
estate hereinafter described, at any time that it may see fit, and
construct, maintain, and repair a sewer line under and through the
land hereinafter described, together with the right to excavate and
refill ditches and/or trenches for the location of said underground
sewer, and the further right, subject to the conditions hereinafter
set forth, to remove trees, bushes, undergrowth and other obstructions
interferring with the location, construction, and maintenance of said
underground sewer.
The land affected by the grant of these easements and the
right-of-way is located in the County of St. Joseph, in the State —
of Indiana, and the easement and right-of-way hereby granted covers
a strip of land more particularly described as follows:
A 30 foot temporary construction easement and
a 15 foot permanent utility easement located along
'7 the east side of and adjacent to Greenlawn Avenue
o from the north line of North Side Boulevard to the
north line of Hildreth Street extended more partic-
ularly described as follows: Beginning at the in-
tersection of the northerly right-of-way line of'
North Side Boulevard and the easterly right-of-way
14-- n-F r_raanlnv.m Aupnup: thence northerly along
the east right-of-way line of Greenlawn Avenue
a distance of Three Hundred Fifty-four and Forty-
five hundredths (354.45,)'feet to the northerly
righto-of-way line of Hildreth Street extended;
thence east along a line at right angles to the
east right-of-way line of Greenlawn Avenue a dis-
tance of Fifteen (15) feet; thence southerly along
a line Fifteen (15) feet east of and parallel to
the PARf Vi0ht--nf 14-- -4 A -------- -
westerly along said northerly line o
Boulevard to the point of beginning.
To have and to hold said easement and right-of-way unto
said CIVIL CITY OF SOUTH BEND, INDIANA, and unto its successors and
assigns, forever.
The parties of the first part do hereby covenant with THE
CIVIL CITY OF SOUTH BEND, INDIANA, that they are lawfully seized
and possessed of the real estate above described, that they have
a good and lawful right to convey it, or any part thereof, that it
is free from all encumbrances, and that they will forever warrant
and defend the title thereto against the lawful claims of all persons
whomsoever.
Said CIVIL CITY OF SOUTH BEND, INDIANA, agrees to pay to
the first party any damage which may result to its property by reason
of the construction, laying, installation, and maintenance of said
underground sewer, including the restoration, at said CIVIL CITY'S
expense, after the occurrence of any of the aforesaid acts to the
condition that it is in as of the date of granting of this easement;
and, said CIVIL CITY further agrees to hold THE TRUSTEES OF INDIANA
UNIVERSITY free and harmless from any claims for or payment of damages
for any injury or damage to person or property that may now or here-
after result from the exercise of the rights granted it hereunder
on the part of said CIVIL CITY.
Any damages to the property of said TRUSTEES or their
successors or assigns caused by said CIVIL CITY OF SOUTH BEND, IN';
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its agents or employees, shall be promptly paid by said'CIVIL CITY
upon claimsfor such damage, if any, being filed with said CIVIL CITY,
IN WITNESS WHEREOF, the parties of the first part have
caused these presents to be executed and subscribed by its Vice -
President and Treasurer, and its corporate seal to be hereunto
ll wo
affixed and attested by its Secretary, this f day of October
Ir-
1961.
TFE TRUSTEES OF INDIANA UNIVERSITY
BY
J. A. Franklin,
ce President and Treasurer
ATTEST:
F. T. Reed,
Secretary
STATE OF INDIANA)
) SS:
COUNTY OF MONROE)
Before me, a
Notary Public in and for said County and State
personally appeared before
me, J. A. Franklin, Vice President and
Treasurer and F. T. Reed,
Secretary, respectively of The Trustees of
Indiana University, who
acknowledged the execution of the above and
foregoing on behalf of
The Trustees of Indiana University, as their
free"apd voluntary act
and deed this •7 day of October, 1961.
Notary Public
y ommission Expires:
PROVED
HUM f P1,11B C WORKS &
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