HomeMy WebLinkAbout#352- Deed; Agreement of easement - Hultin - South Side Sanitary Sewer'4
GPEEMZNT OF EASEMEVT 91;1756
t4
THIS AGREEMENTS
made and entered into this ''day
of 1962, by and between the Civil City Of
South Bend, Indiana (hereinafter referred to as "City"), Paul A.
Hultin and Thelma Joyce Hultin, his wife, of South Bend, Indiana
(hereinafter referred to as "Seller"), The Rubber Shop, Inc., an
Indiana corporation (hereinafter referred to as "Purchaser"), and
General Building Materials, Inc., an Indiana corporation (herein-
after referred to as "User").
WHEREAS; the City desires to build a South Side
Sanitary Sewer along the Easterly right-of-way of the Pennsylvania
Railroad, which right-of-way is contiguous to a part of the west-
erly property line of the Seller, and
WHEREAS, the Seller has sold the land over which
the Sanitary Sewer is proposed to be constructed, to the Purchaser
under a land contract dated the lst of January, 1961, and
OMEREAS, the Seller had previously granted to the
User by virtue of a deed dated the 23rd day of February, 1956, and
recorded in Deed Record 351, at Page 505, in the office of the
Recorder of St. Joseph County, Indiana, the right of use, together
with the Seller, or its assigns, a tract of land thirty (30) feet
east and west, and which extends along the west side of the propert
owned by the Seller, and
WHEREAS, the parties hereto are desirous of having
City lay its South Side Sanitary Sewer over the property de -
NOW, THEREFORE, WITNESSETH, that for and in con-
idevation of One Dollar ($1.00) and in hand paid to Seller,
urchaser, and User, by the City, the receipt of which is hereby
cknowledged, and of the mutual considerations and conditions here-
nafter stated, Seller, Purchaser, and User do hereby grant,
argain, sell, convey and warrant to the extent of their interests
o the City, to have and to hold forever, a perpetual right-Of-wa,
wv 633 FAcE
�/ SNIP &,iirl
BOOK 633 Phu 10
and easement, including the perpetual right to enter upon the
real estate hereinafter described, with the right, privilege, and
authority of the City, its assigns, lessees, and contractors, to
construct, maintain, install, repair, replace, and renew the
South Side Sanitary Trunk Sewer together with the right to exca-
vate and refill ditches and trenches required for the location of'
said underground sewer, manholes, and necessary appurtenances,
and the further right to remove trees, bushes, undergrowth, and
Other obstructions interferring with the location, construction,
and maintenance of the sewer, including manholes and necessary
appurtenances, over, along, through, and across property owned
by Seller, being sold to Purchaser, and in which the User has
certain rights, situated in the Northeast Quarter of the Northeast
Quarter of Section 26, Township 37, North, Range 2, East, in the
City of South Bend, St. Joseph County, Indiana. Said right-of-way
and easement being more particularly described as follows:
Beginning at the intersection of the easterly right-
of-way line of the Pennsylvania Railroad and the south
right-of4way lime of Chippewa Avenue, said point being
Eleven Hundred Eighty-eight and Seventy-four Hundredths
(1188.74) feet west and Yorty (40) feet south of the North-
east Corner of Section 26, Township 37 North, Range 2
East, in the City of South Bend, St,
Joseph County,
Indiana, thence South Twenty-nine Degrees, Fourteen
Ainutes West (8294410 along the easterly right-of-way
line of the Pennsylvania Railroad, a distance of Two
Hundred Seventy-nine and Eighty-six Hundredths (279.86)
ri eet to the West line of East One Half (1/2) of the
irortheast One Quarter (1/4) of Section 26, thence South
0
-one Degree, Zero Minutes West (S01 001W) along said
west line of the East One Half (1/2) of the Northeast
One Quarter (1/4) of Section 26, a distance of Thirty-
one and Seventy-one Hundredths (31.71) feet more or less
to a point Fifteen (15) feet southeast of the easterly
right-of-way line of the Pennsylvania Railroad measured
at right angles to said right-of-way, thence North
Twenty-nine Degrees, Fourteen Minutes East (N290141E)
along, a line Fifteen (13) ,feet southeasterly of and
parallel to the easterly right-of-way line of the
Pennsylvania Railroad to the south line of Chippewa
Avenue, thence due west along the south line of
Chippewa Avenue to the Point of beginning.
The Seller, Purchaser, and User further agree to
grant to the City, its assigns, lessees, and contractors, the
privilege to use a strip of land fifteen (15) feet
Ste Width
immediately adjacent and parallel and Southeast Of the
scribed right-of-wa A above de-
easement, for temporary construction
Page 2.
purposes, to haul sewer pipes, to lay and install the sa"e, and to
Place sewer pipes and excavated soil on said strip 00 land, this
privilege being, however, limited to the period Ok construction
installation of said sewer.
THE CITY IURTHER AMES AS FOLLOW:
A. To construct the sewer pipe and necessary appur-
tenances in a workmanlike manner as expeditiously as possible so as
not to interfere with the use of the Seller, Purchaser, and User Q
their buildings and property herein described.
B. To pay to the Seller, Purchaser, and User, any
amage which may result to its property by reason of the construe-
tion, laying and installation of the above and foregoing South Sidel
Sanitary Trunk Sewer.
C. To indemnify and hold harmless Seller, Purchaser,
and User of any damages, claims, and judgments of any and all kind
reason of any action taken, thing done or work performed by the
City, its assigns, lessees, and contractors in the construction,
maintenance, installation, repair, replacement and renewal of the
South Side Sanitary Trunk Sewer, and to further hold harmless said
parties from any claims or causes of action for damage to the sewn
pipe or necessary appurtenances resulting from use of the easement
or adjacent area as a roadway.
D. To grade the right-of-way and easement, removing
all excess dirt and generally doing all things required to place
property in relatively the same condition as it was prior to
E. To furnish and make available to the Purchaser and
IUser, gratuitously, two sewer service taps each, the location of whid
will be designated by the Purchaser and User at the time of construe-
1-tion of the sewer, This provision in no way changes the bearing of
I expense as to installation and usage of sewer services and sewage
treatment charges as enjoyed in the normal course of business o
a ,,-
s �d pavtxes.
F. To install a class of sewer pipe that is
acceptable to the Pennsylvania Railroad in the area where the
ailroad is to install a siding into the Property of the Purchaser.
Phis pipe shall be a minimum of one hundred (100) feet in length
Page 3. BOcK 63'3 we
BOOK 633 PACE 12
and shall be 0-76, (JJnss IV _Pipe, as designated by the Atterican
Society of Testing', and Haterials. The exact location of" this pipe
shall be designated in writing by the Purchaser 'to the City
Engineer within three (3) days after the Purchaser has received
�written notice froin the City that the City is ready to install
�said pipe.
The Purchaser herein agrees to hold the Seller
harmless from any claims or causes of action it might have under
the land contract entered into between the Seller and Purchaser,
as a result of the Seller entering into this Agreement of Easement.
The entering into of this Agreement by the Seller,
Purchaser, and User, shall not change the rights or duties that
-these parties enjoy by the entering into of prior agreements ex-
cept as those rights and duties aiip.bt be changed as provided in
Agreement.
The Liellor and Purchaser reserve the right to con-
truct buildings and structures across the right-of-way and ease-
�ent granted above subject to the User's rights provided, however,
here shall not be a weight bearing wall within the right-of-way
nd easement which would exert pressure or weight on the sewer pipe
ny plans calling for the construction of buildings or structures
hich would cross the right-of-way and easement shall be submitted
o the City Engineer of City for approval of that portion of the
Duildings and structures 'that cross the right-of-way and easement
)efore construction be undertaken.
IN' V;IITNESS WHE11,EOF, the Civil Clity of South Bend,
ndiana, Paul A. Hultin and Thelma Joyce Ffultin, his wife, The
ibber Shop, Inc. , and General Building Materials, Inc. , have
iireurvto sets' utieix- Tiands and seals on the above date.
Civil ". dui h B Q.;9 u_dJ d Iniana
tTa
"P_,'. sA
i/1"lity)
,
(Geller)
Attest:
Y'1�Le �u"o13�Shop, Inc, �a ,,`Vn• .�
"
m
e c re ir' S 2dPy11
(Purch seY})
Amon us dx��i�aterials, Inc.
General J
Secretary
--,-1re5 �_cien
_752-1
(User)"
ST. JOSEPH COUNTY)
SS;
STATE OF INDIANA )
Before me, the undersigned, a Notary Public, in and
for said County and State, personally appeared Paul A. Hultin
and Thelma Joyce Huit in y `,D acZc-
�_.� _z _
nowledged the execution of the foregoing Agreement of Easement as
.the:kwoluntary act and deed.
Witness m hand and s - � � Y se
al tlaz 5
__._..._clay of October,__'a
1962.
1iy Commission Expires:
Mary F rrztt i Notary Pdbl.ic _
march 18, 1963
Before me, the undersigned, a Notary Public, �.in and
,for said County,,., Itater personally Ply ersonall appeared, �
& "
G-
.,�
and d ��� ,- � � '""�� his wife, and acknowldcl;ec the exe-
cution. of the for e ging Agreement of Easement to be;-• their voluntary
act and deed_
witness my band and seal tP- l day oC
1962.
t 0mmisston Expires: ot �2 E'u I c
sr
a���M
oi9 ,
�, �, aJ
f r;. State, .����,'� Ttat"�,�A. air
w�1G:c.:z.�:�� ��a�.�.c. �,cl=cn�;��:�pci�cl. tti>. ���e�:�.�.-�%r�
{� A 47CfJ_fl`4,. �.) 14% c1C'L C'M1C:�i.
1 zat and seal this ' til cj, l �iavernbcr 9 1962.
Stais :Lns•trument was prepared by William 1�. Farabaugh �Y
BOOK 6:33 PAGE
>age . y
E A S E M E N T
THIS INDENTURE, made and entered into by and between
C
hereinafter referred to as the parties of the First Part
and THE CIVIL CITY OF SOUTH BEND, INDIANA:
WITNESSETH:
That for and in consideration of the sum of One Dollart 7'
cash in hand paid, the receipt of which is hereby acknowledged '
and the mutual considerations hereinafter set forth, 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, install, repair, replace, and
renew storm sewers, sanitary sewers, water mains, and electrical
underground conduits, including man -holes, meter pits, and necessary
appurtenances, thereto over, along, and across property owned by
first party, together with the right to excavate and refill
ditches and/or trenches for the location of said underground
sewers, water mains, electrical underground conduits, man -holes/
meter pits and the further right to remove trees, bushes, under-
growth and other obstructions interferring with the location,
construction, and maintainance of the same.
The land affected by the grant of this easement 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 _la-nd--mox-e--.par-ti-c�ular-,Iydes.cribed. as follows:
Flegiwiing at ibe, inte of the easterly
right--of-way lane of the Railroad P,,nd the ivenA
line of the East half C112) of the No)r,,theast One Quarter (1/4)
of Section 26, Tovinship 37 North, Range 2, P-Past said point
of intersection being ()nee Thousand Twenty. -one and Eighty -Seven
hUy)-dr,oAths (1021, 87) feet north of 11he 8outheast corner of the
a;'etion M thez)ce oouth Twenty-eight Degreen, Thirteen Miniftes,
'Westl;,S28`13'W) along the easlerly right-of-way line of the
llenmaylvania Railroad as distance of Seven Hundred 'I'wenty and
Tiventy seven husAdredths (72(3,, 27) feet; thence South Eighteen
Der s, Fifty-five Aflnutes East (S180551E) at distance of
T%renty and Forty-seven, hundredths (20.47) feet rnore or less to
9, V�Oliat Fifteen (j,,5) feet as ter .1y from the easterly right-
of-ivay line of the Pennsylvania F4ailroacl ineaf3ured at, right angles
to gold right�ofviay line; uhence northeasterly along a line Fifteen
01,5) feet ooutbegasterly of and paraAel to the easterly right-of-way
lirle Of tlwl Penrls'yhlkonia Railroad said line having a bearing ox
North T'venty-eipght 77hirteen Minutes, East (,N280131E)
to UP, $90JTA of flAte "Bectiorn with the west line of the E&M. half (1,/2)
of the raortheitst quarter (1/0 of Section 26; thence north along sfdd
west litke al the Blast half 11/2of tbe northeast quarter (1/4) ('pf
Sectif"m 26 to thA pot"nt of beginning,
/4 0//
A,/
To have and to hold said easement and right-of-way unto said
CIVIL CITY OF SOUTH BEND, INDIANA, and unto it's 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 tMithat
it is free from all encumbrances, NOMMENAM"
MMM1_
Said CIVIL CITY OF SOUTH BEND, INDIANA, agrees to Pay to
the first party any damage which may result to it's property by
reason of t_!ie, construction, laying and installation Of the above
and forcgoing
Said, CIVIL c!T'Z OF SOUTH BEND, INDIANA further agrees;
A. To construct the sewer pipes, water mains, electrical
conduits and ncc�-,�ssary appurtenances in a workman -line manner as
expeditjously as possible so as not to interfere with the use
to the First Party of its buildings and property not herein
described.
B. To indemnify and hold harmless First Party 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
p,-rfoL-,Tod by CIVIL CITY OF SOUTH BEND, INDIANA, its assigns,
ldesse(>s, and contractors, in the constructing of sewer pipe,
water and electrical conduits arid other necessary
appurtenances heroin described.
c. *fo grade the right of way and easement, removing
all excess dirt and generally doing all things required to place
the property in rc-,Iz,,tivoly the same condition as it was prior
to excE,.vation.
D. To furnish and make available to the First Party
one sewer service tLp, the location of which will be designated
by First Party. This provision in no way changes the bearing of
expense as to installation and usage Of sewer services, so -wage
treatment charges and water as enjoyed in the normal course of
business of said parties.
Privilege is hereby granted CIVIL CITY OF SOUTH BEND, INDIANA
its assigns, lessees, and contractors to use the ground on either
side of the easement -herein described, of a width sufficient for
ingress and egress and to haul sewer pipe and water -main pipe and
electrical conduit and to lay and install the same and. the
M i_C� -ellanCO& and t-11 L61 �_L jp�_ , —a
�1_1__< appUr4_ d the excavated dirt on either side
pipe, and electrical conduit an
of said easement ONLY DURING THE PERIOD OF CONSTRUCTION AND
INSTALLATION of any of the above and foregoing sewers, etc.
First Party reserves the right to construct buildings and
structures across the right of way and easement granted above
provided, however, there shall not be a weight bearing wall within
the right of way and casement which would exert pressure or weight
on the sewer pipe, water mains, or electrical conduits. Any
plans calling for the construction of buildings or structures
which would cross the right of way and easement shall be submitted
to the City Engineer of second Party for approval of that portion
of the buildings and structures that cross thesightof way and
easement before construction be undertaken.
IN WITNESS WHEREOF, the parties of the First Part have
caused these presents to be executed and subscribed by them
this
of 19
STATE OF INDIANA, ST. JOSEPH COUNTY SS:
Before me, the undersigned, a Notary
Public in and for said County and
State, personally appeared:
LOWS
Prepared by R.S. Andrysiak
of
Board Of plfooic Works & Safet-y
and acknowledged the execution of
the foregoing.
In witness whereof, I have hereunto
subscribed my name and affixed my
1, this J-,� day of
AJO!"'K SON: zl.;
r c., s - J U N E , i ':*., 6 2�
Boa 631 PxJ39-
11 "7/� ' "' 771- INDIANAPOLIS FRANKFORT MIAMI
tIATES, INC,
SOU7+1 BEND
SHEET no,
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I wcnV-seven nundreclUna (720,, 27) thence South lUgMel e., reec play-fil/c Minutes j
-seven hi�jg)d,,-edtha 0. 4
(27), feet r'rlc):k'c or lesEro to
TweWy and FOrty (3,",8055'E) ;-1 distance of
1) r�Oirlt Fifteen (15) feet Routhwaoterly fro).11 the easterly right-
of-way We of tl')e 'o Fan, syl au'tniP. Rhkjlx-(),Ad measured at X-ight IngrIes
lirle'; thavIce no rth-.,flaterly along a line Fift e_,rj
c
C15) feet southemotexly of and Parallel to the easterly rig a
'I-It-or-w y
"'le Of the PCMYWPY�Y � rd-U R4,11irwid maid line having a bearing of
Yee rth T"00-ej S01t 1)effT'0C8. Thineen fdoute, Beat (N201WE)
tcs fl't"�"' PrArat of Y31'9:erggecticAn w.,y,tjj t1t),t, , VM25t line of the East half (1/2)
of the qt.Wrter (1/4) Of SecU011 26; tIxence nort),j ajc>jjg saic,
WON HMO of MW Eamt W P /2) it the northeant quarter (1/ 4) of
'S'e'ctic)n 26 to tha point of' beginnin"e-