HomeMy WebLinkAbout#321 - Deed; Sewer easement - West of Ginz ave and South of ColfaxrIN
�f�jt AGREEA+fENT OF EASEAJENT ` bpi `p
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THIS AGREEDjENT made and entered is toy thP&)!_dl§ or
1960, by and between Maurice Smoler and Rose Smoler, husband and
wife, Of New York, New York, owners of the legal title of the be-
low described property, Ben'Medow of St. Joseph County,,.Ip�Li�zx�,,,,
a contract purchaser of the below described property, hereinafter
referred to as the First Parties, and the Municipal City of South
Bend, Indiana, hereinafter referred to as the Second Party.
W ITNESSETH THAT:
FOR AND IN CONS ID:ERAT ION of One Dollar ($1 . 00) in hand paid
to first parties by second party the receipt of which is hereby
acknowledged and of the conditions hereinafter stated, said first
parties do hereby grant, bargi.n, sell, convey and warrant to
second party to have and to hold forever, a right-of-way and
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easement with the right, privilege and authority of second party,
its assigns, lessees and contractors to construct, operate and
maintain an intercepter sewer, including manholes and ether neces-
sary appurtenances thereto, including the perpetual right to enter
upon the property hereinafter described, at any time that it may
see fit, under, along, through, and across the property owned by
first parties and situate in the City of South Bend, St. Joseph
County, State of Indiana, and described as follows:
Beginning at a point two hundred seventy three feet
(2731) south of the south line of Colfax Avenue and
one hundred seventy three feet (1`731) west of the
west line of Linz Avenue, Thence west along the line
two hundred seventy three feet (2731 ) south of and
�� parallel to the south line of Colfax Avenue, adistance
Of eleven and eighteen hundredths feet(11.181) to a
point, Thence northwesterly along a line to a point
one hundred e i.ghty-two and ninety-nine hundredths feet
"- (182.991
south of the south line of Colfax avenue and',
C: t �. two hundred. twenty
y feet ( 220 ) west of the west 1 pine of Ginz Avenue, Thence northeasterly twenty feet (201) to
4" a point one hundred seventy-three and one hundredths
feet (173.011) .south of the south line of Colfax .Avenue
and two hundred feet (200t) west of the 'west line of
Ginz Avenue, Thence southeasterly eighty-five feet (851)
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to a point in the east line of Smoler property,
Thence south twenty-three feet, (231) along said
east line to the southeast corner of said pro-
perty, Thence west along the south line of said
Smoler property to the point of beginning.
Said intercepter sewer shall be approximately ten (10)
inches In diameter and the same shall be placed and constructed
1('at the depth shown on the plans of the intercepter sewer filed in
the Zngineerts office of the City of South Bend.
First parties do hereby covenant that 'they are lawfully
seised and possessed of the real estate described thereof.
A temporary construction easement is hereby granted said
second party, its assigns, lessees, and contractors to use the
property to the West of said above permanent easement with the
right of ingress and egress for excavation, and to haul inter-
cepter sewer pipe and to lay and install the same, manholes and
other necessary appurtenances and perform other construction wor
necessary in the laying of' said intercepter sewer, the property
being more particularly described as follows:
Beginning at a point two hundred seventy-three
feet (2731) south of the south line of Colfax
Avenue and one hundred eighty-four and eighteen
hundredths feet (184.181) west of the west line
of Ginz Avenue, Thence west on the south line of
Smoler property a distance of twenty-two and
thirty-six hundredths feet (22.36t), Thence north-
westerly along a line to a point one hundred sixty-
eight feet (168t) south of the south line of Colfax
Avenue and two hundred forty-seven feet (247t) west
of the west line of Ginz Avenue, Thence east along
a line one hundred sixty-eight feet (168f) south of
and parallel to the south line of Colfax Avenue a
distance of forty-four and seventy-two hundredths
feet (44.72I), Thence southeasterly along';a line to
a point one hundred seventy-three and one hundredtt
SECOND PARTY AORSES:
A. To construct the intercepter sewer, manholes and other
necessary appurtenances in such a manner as not to interfere at
any time with the use of first parties of their buildings and
properties not herein described. BooK 608 PAGE348
B. To indemify and hold harmless first parties of any costs
damages, suits, claims, and judgments of any and all kind and
nature by reason of any action taken, thing done or work performe(
by second party, its assigns, lessees, and contractors in the
constructing of said intercepter sewer, manholes and other neces-
sary appurtenances as herein described.
C. To grade the easement, removing all excess excavated
dirt and generally doing all things required to replace the pro-
perty in relatively the same condition as it was prior to exca-
vation with the exception that second party shall have the right
to remove trees, brushes, and undergrowth that would interfere
with the construction, operation, and maintenance of said inter-
cepter sewer.
First parties reserve the right to construct a building or
buildings across the easement, provided however, that any weight
bearing wall shall be properly reinforced so as not to damage or
interfere with said intercepter sewer, manholes or other necessar
appurtenances.
IN WITNESS WEREOF, Maurice Smoler and Rose Smoler, husband
and wife, Ban Medow, and the Municipal City of South Bend have
11"re, unto set their hands and seals the day and year first above
written.
Municipal City of South Bend,
diana n In
10aurice Smo er
Bydiana
Those Smo er
an ow Second Party
First Parties
STATF_ OF INID J.PO\Tll\ )
) SS,
ST. JOSJ:�IIH COUNTY )
Before me, the -undersigned, a Notary Public, in and for said
County and State, personally appeared 'Ben Medow and acRnowledged
the execution of the foregoing Agreement of 1�;asement to be his
volun�I�I� y act and deed, for the purpose therein mentioned.
Witness my hand and seal this day of
1960.
IV ''t6rMiliss ion "rxp Ires:
_1VZ
STP,TE OF MY-I'W YORI{
ri
COUNTY OF
Before me, the undersigned, a Notary Public, in and for the
said County and State personally appeared Maurice Smoler and Rose
Smoler, husband and wife, and acknowledged the execution of the
foregoing Agreement of Easement to be their voluntary act and
deed, for the purpose therein mentioned.
Witness my hand and seal this day ofcOcI , 1960
or,
Commission Expires:
MI,
f N C%v York
STATE OF INDIANrA 1
Before me, the undersigned, a Notary Public, in and for sai,cl
County and State personally appeared Frank J.'Bruggner,',Ray S.,
" Andrysiak and Irving J. ,Smith, members of the Board of Public
Works of the City of South Bend, Indiana, who acknowledged the
execution of the foregoing Agreement of Easement to be the Volun-
tary act and deed of said City.
Witness nay hand and seal this day of ! �cY.t.; UL,
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b1l9z6c0.
BOO P�'7 Q Notary P
My Cospm„ission Expires: LL 7
�'i o enirsios7 xlaa es " r 63,
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