HomeMy WebLinkAbout#363- Deed; sewer(interceptor) running across lock joint tube co property to riverside drive, water main running across lock joint tube co property to riverside drive14 -
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ST.JOSEPH CO.
INDIANA
ILED FOR R C D
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BOOK PAGE
. WALSH
THU AMMMGM maAe aid entered into thisi day of
1001, by and b6twegn LOOK JOIXT TUIBZ COMMY,
am Cyr at n, o ow h , i i , h rhter i
red ed to a 'irat Partyf and the ' d "MP CXTY OV AM MUDI,
herci.nafter referred a Second Party®
s m 1 th a parties hereto entered into a certain
Agreement of Janzgar iasn.t dated d the 29th day of J anua ry, 1951, which
,was recorded. ;3.,n tha caimty Recorder's Office, St. Joseph County,
Indiana, in Book 0483at pages 507 -10, %°1 .w°eiu said Second Party
is granted the right to erect, operate and maintain an inter-
captixag sae ter , inalwllmg manholes and mi c ll.an&a z appurt n--
4na am an inn°:her described In that instrwment and
WHEREAS a certain intercepting sewer was constructed over
the lands owned by the Mat Party, a portion of said sewer wrssaa
� !Easement deacribed hretofere and, a portion of said sower was
"conssts. ted over lsisndas of than yirgt party not so described within
i
said Agreemant of Easement and,
MMEAS �a
the parties hereto are desirous of terminating
and cancelling ths rights, datum, and primileges contained in
said Agreement of Easamant described heretofore and are desirous
of granting other mutual rights, duties, and privileges under a
t ,
now saoement herein created which will be to the benefit of each
of them. Bi7QPdFOR AND F`d,CE
IN CONSIDERVION of the arum of Four 'thousand Nine
N Hundred dollars ( 4,9fltJ.00) in hand paid to First Party by Second
party and of the mutual conditions and covenants hereinafter
tate.d$ the parties hereby agree as follows:
m
THE pARTIESherein cancel any right, title, or interest
thay May flave enjoyed under that certain Agreement of Easement
and
as A
and renew an interceptirqf, saver including manholes and necessary
APPU2'tex mMce a, a,4'er, along, th'rough, and across property owned
by FIxat Peaty, situated in the South half of Section Thirty -Five
(35), iship Thirty-eiglit (38), 'North, Range 2 East of the
incipa aecond lyr U meridian in the County of St. Joseph, State of
Indiama, said right of vi&7 and casement being described as follows:
Beginning at the Northwest corner of the South
bAlf of the Southeast quarter of Section Thirty-
five (35), thanza Ea mt a distance,'of Twenty -Five
and five -tenths (23.59) feet, tIvence South, a distance
of Fawr Mmndred Ninety Three and five -tenths (493.51)
feet to a point Cat the Eawterly Orojection of the
Oexiter 11.1va of Queen Street, said center line of
Queen Streat having for the, purpose of, tILIn-diwiwd'kIp"
Lion a bearing of North ninety degrease (900) East,
thence Beat along the projected center line of
said street, a distance of nyenty�five and five-
tentba (23.52) feet, thence Vorth alon the North
South center line of said Section, a d1stance of
Four Hundred Ninety -Three and Five -tenths (493.51)
(feet to the pobit of beginning.
The First Party doer hereby grant, b.-xgain, convey and
warrant to the Secand Party to have and to hold forever a per-
petual right of way and easement (including the perpetual right
:bf ingreas and egress to the property hereinafter described)
with the right, privilege, and authority of the Second Party,
its assigns , lesseee, and contractors, to lay, install, main-
feet Of WhIWA L-L"' — -,-- _ said reference line When thAt line
which lies to the 1,jortheast Of agrees, Forty - Two (4211) minuteD,
runs S.,.tth,'Twenty-four (240) d line being described. as
j1hirtY (30") seco-ads East, acid reference
iollown, en-tenthA (9.7t)
Beginniug at a point Nine and Bev the wort
and
feet West of the intersecti011 Of
f
South center lof line Section ThirtorthY-fivee Two (2),
(35
go chip Thirty --eight le 38), N, Rang
Ea'ster,ly pr
East, and the .0jection of the center
line of Queer, street, said canter line of Queen
ose of this description
Street havill.9, for the P=P a East (N 9,00 Z),
a bearing Of Mort�hv ninety DOgree and
:h zero D'e, X'QcG 9 Fourteen minutes
thence South �3 00 142 30sa r_) a distance
ThiXts,e ands stty_Nine end Eight Tenths
of Three 3, T-e-t-7-
j . .. .. .. .. .. ... .
int, thence Ou nds East
(339.62) fQetv to a Po minutes, Thirty see,
four degreeB, Forty-two Vour Hundred
30to E) a distance 02
(S 240 422 adths (471.561) feet-.
Seventy-one and Fifty-six Rundr(
the . Westerly line of ?,iversidO Drive
to a point OT Hundredths
t-y-four and Eighty-onc
that is MinE terly, from the intersection
(94.812) geet Northeas
of the %jagterly line of Riverside Drive and the
South line of said Section Thirty-five (35)_
Said water Main sho,11 be, appro"ximatelY thirty (30) inches
in di ter and the same shall be placed and constructed at
the water main filed in the Vngsneer 6
depth shown On the Plans Of
office of the City of South Bend.
First Party does hereby covenant that it is lawfully
"I'Ld OGG-M.ed of the real estate described thereof.
privilege is hereby granted Second PartYt its abs sinn G,
lenseeaq and contractors to use the ground on either aide of the
Qazomsnt herein described, of a width sufficient for ingr6s$ and
booK
ME
a .IIa $1,
id structures that cross the right
:ruction be undertaken.
extended and a third tap to be available at the intersection of
pinyon Street and She man Avenue extended. This provision in no
way changes the bearing of expense an to installation and usage
of water as enjoyed in the normal.course of buoiness of said
parties.
33A WITMESS MUMEOF, Lock Joint Tube Company, and the
�icipal City of South Band have hereunto set their hands and
this day and year first above written.
R
ORR,
mint Tube Company City of Ben
lamicipal City of Sou Bend, Indiana
Indi,7
V
lipal eSout ,d,
By:
Y-Toodlia MI.
-z
Yk
nTo, c --
First Party Second Party
�,STATZ OF INDIAM
3S.
ST. JOSEPH COMY
Before me, the undersigned, a Notary Public, in and for
;said County and State, personally appeared Joseph H. Woodka,
�Prevident of Lock Joint Tube Company, and Andrew J. Budnik,
�Secretary of Lock Joint Tube Company, and acknowledged the
exacutton of the foregoing Agreement of Easement to be their
,,voluntary act and deed, for the purpose herein mentioned.
Witzmas my hand and seal this I q day of
Ai
4
14 '13
BOOK i'Aa
Lxlu.an&, Wfto acknowledged the execution of the foregoing Agree-
mant Of Eaaem2nt to be the voluntary act and deed of gaid Glqv.
fitness my hand and seal this day of
f
12--L
Let
o ary
This Imatrument was prepared by Will jzm N. Far&bmagh,
301 St. Joseph arile, Building, South Bend, Indiana.
10
STATZ OF INDIANA SS:
ST. ZOSEPH COMM
Andrew J. Budnik, bei'irat duly sworn, atat
he is Secretary of Lock Joint be Company, an Indiana C
ft-A *?f of A QA4.1 -P +-U- UA ^4' V%44w
inwV.Lk'.W V.L WuVAA AS cc Ulkslieu UY all Cne
Directors of the Corporation, the following Resolution was duly
introduced, seconded and unaninouisly adopted:
RESOLVED, that the President and Secretary of this
Corporation be and they are hereby authorized for
and in eonsideration of the sum of $4,go,0.00 to be
paid by the M=iclpal City of South Bond in the
execution of an Agreement of Easement embracing the
intercepting sewer already eonstructed across the
property of the corporation and the grant of a new
eamement to lay, install, maintain, repair and
roplace and renew a water in across the real estate
of the Corporation in substantially the form of the
Agreement of Easement attached to and made a part of
theme minutes.
rew-
Buanik
Subscribed and sworn to before me this day of
way, 1961.
Notary Public
asion Expires:
0 182 vAq 71
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Copyright 1974 .O U""5 n.H g END � E N V I f
THE SIDWEI.L COMPANY
Y
S.E. i/ SEC.35 PORTAGE
Y.
SCALE 200'FT. TO I INCH T38N. R2EOF TI
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FILE rr0R RECORD
MAY 25 1 ajpM,fil
AGREEMENT OF J�ARNJ- W A LS H
THIS AGREEMENT made and entered " into this li%day of
N AV 1961, by and between LOCK JOINT TUBE COMPANY,
I
an Indiana Corporation, of South Bend, Indiana, hereinafter
referred to as First Party, and the MUNICIPAL CITY OF SOUTH BEND,
INDLkNA, hereinafter referred to as Second Party.
WHEREAS the parties hereto entered into a certain
Agreement of Easement dated the 29th day of January, 1951, which
was recorded in the County Recorder7s Office, St. Joseph County,
Indiana, in Book #483 at pages 507-10, wherein said Second Party
is granted the right to erect, operate and maintain an inter-
cepting sewer, including manholes and miscellaneous appurten-
ances as further described in that instrument and
WHEREAS a certain intercepting sewer was constructed over
the lands owned by the First Party, a portion of said sewer was
constructed within the Easement granted in said Agreement of
Easement described heretofore and, a portion of said sewer was
constructed over lands of the First Party not so described within
said Agreement of Easement and,
WHEREAS the parties hereto are desirous of terminating
and cancelling the rights, duties, and privileges contained in
said Agreement of Easement described heretofore and are desirous
of granting other mutual rights, duties, and privileges under a
new easement herein created which will be to the benefit of each
of them.
U11
NOW THEREFORE, WITNESS THAT:
FOR AND IN CONSIDERATION of the sum of Four Thousand Nine
1;Hundred dollars ($4,900.00) in hand paid to First Party by Second
'Party and of the mutual conditions and covenants hereinafter
i,,stated, the parties hereby agree as follows:
THE PARTIES herein cancel any right, title, or interest
�they may have enjoyed under that certain Agreement of Easement
entered into on the 29th day of January, 1951, which was recorded
in Book #483 at pages 507-10, and declare that the same is NULL
and VOID and is of no legal force or effect
16 1 A t E 7
The First Party does hereby grant, bargain, sell, convey
land warrant to the Second Party, to have and to hold forever,
is perpetual right of way and easement (including the perpetual
right of ingress and egress to the property hereinafter described)
!With the right, privilege, and authority of the Second Party, its
assigns, lessees, and contractors, to maintain, repair, replace,
and renew an intercepting sewer including manholes and necessary
appurtenances, over, along, through, and across property owned
by First Party, situated in the South half of Section Thirty -Five
(35), Township Thirty-eight (38), North, Range 2 East of the
isecond principal meridian in the County of St. Joseph, State of
JIndiana, said right of way and easement being described as follows:
Beginning at the Northwest corner of the South
half of the Southeast quarter of Section Thirty-
five (35), thence East a distance,of Twenty -Five
and five -tenths (25.52) feet, thence South, a distance
of Four Hundred Ninety Three and five -tenths (493.52)
feet to a point on the Easterly projection of the
center line of Queen Street, said center line of
Queen Street having for the purpose of this descrip-
tion a bearing of North ninety degrees (900) East,
thence West along the projected center line of
said street, a distance of Twentyfive and five -
tenths (25.52) feet, thence North along the North
South center line of said Section, a distance of
Four Hundred Ninety -Three and Five -tenths (493.5t)
feet to the point of beginning.
The First Party does hereby grant, bargain, convey and
ant to the Second Party to have and to hold forever a per-
tual right of way and easement (including the perpetual right
ingress and egress to the property hereinafter described)
th the right, privilege, and authority of the Second Party,
s assigns, lessees, and contractors, to lay, install, main -
gain, repair, replace, and renew a water main and necessary
appurtenances for the transportation of water to the public in
'eneral and to maintain, repair, replace and renew an intercepting
ewer including manholes and necessary appurtenances, over, along,
hrough, and across the property owned by First Party in said
-2-
Section, township, range, county and state, as described above,
said right of way and easement being a total of Fifty and two -
tenths (50.2t) feet in width, Fifteen (15) feet of which lies
to the West and Thirty -Five and two -tenths (35.21)feet of which
lies to the East of a certain reference line described hereafter,
when that line runs South Zero degrees, Fourteen minutes, Thirty
Seconds East (00 14T 301t E) and said right of way and easement
being a total of Forty-five (451) feet in width, Fifteen (151)
feet of which lies to the Southwest and Thirty (302) feet of
which lies to the Northeast of said reference line when that line
runs South, Twenty-four (240) degrees, Forty -Two (42") minutes,
Thirty (3011) seconds East, said reference line being described as
follows:
Beginning at a point Nine and Seven -tenths (9.7t)
feet West of the intersection of the North and
South center line of Section Thirty-five (33),
Township Thirty-eight (38), North, Range Two (2),
East, and the Easterly projection of the center
line of Queen Street, said center line of Queen
Street having for the purpose of this description
a bearing of North, Ninety Degrees East (N 900 E),
thence South Zero Degrees, Fourteen Minutes and
Thirty Seconds Egst (S 00 142 3011 E) a distance
of Three Hundred Thirty -Nine and Eight Tenths
(339.81) feet, to a point, thence South Twenty-
four degrees, Forty-two Minutes, Thirty Seconds East
(S 240 42T 301t E) a distance of Four Hundred
Seventy-one and Fifty-six Hundredths (471.561) feet,.,
to a point on the Westerly line of Riverside Drive
that is Ninety-four and Eighty-one Hundredths
(94.812) feet Northeasterly from the intersection
of the Westerly line of Riverside Drive and the
South line of said Section Thirty-five (35).
Said water main shall be approximately thirty (30) inches
in diameter and the same shall be placed and constructed at
depth shown on the plans of the water main filed in the Engineerts
Office of the City of South Bend.
First Party does hereby covenant that it is lawfully
�Jseised and possessed of the real estate described thereof.
Privilege is hereby granted Second Party, its assigne,
lessees, and contractors to use the ground on either side of the
easement herein described, of a width sufficient for ingress and
-3-
f,.
egress and to haul the water main pipe and to lay and install
the same and the miscellaneous appurtenances and to place mid
water main pipe and the excavated dirt on either side of said
easement only during the period of construction.
SECOND PARTY AGREES;
A. To construct the water main and necessary appurten-
ances in a workman -like manner as expeditiously as possible so
as not to interfere with the use to 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
performed by Second Party, its assigns, lessees, and contractors,
in the constructing of said water main, and other necessary
appurtenances as herein described.
C. To grade the right of way and easement, removing
all excess dirt and generally doing 'all things 'required to
place the property in relatively the same condition as it was
prior to excavation, including but not limited to, the following,
acts: replace all top soil with like quality of that removed,
and reseed all lawns disturbed, replace all,'driveways, pavements,
and parking lot areas with materia of similar grade and type,
repair and replace any damage to the underground sprinkler system,
repair and replace any fence and replace all trees and shrubs with
items of like quality and in the event of .the unavailability of
the same, compensate First Party on the basis of 'reasonable cost.
First Party reserves the right to construct buildings
and structures across the -right of way ad easement granted above
provided, however, there ,3IimL:L �-c ,
i:n the right of way and easement which would exert pressure or
weight on the sewer pipe or water main. Any plans calling for
;the construction of buildings or structures which we ld crass
the right of way and easement shall be submitted to the City
Engineer of Second Party for approval of that portion of the
-4
buildings and structures that cross the right of way and easement
before construction be undertaken.
Second party agrees to furnish and make available to
First Party, three service taps connecting into',the water main
described above, located as follows: one tap to be adjacent to
First PartyTs present existing buildings, a second tap to be
available at the intersection of Queen Street and Sherman Avenue
extended and a third tap to be available at the intersection of
Kinyon Street and Sherman Avenue extended. This provision in no
way changes the bearing of expense as to installation and usage
of water as enjoyed in the aormal,course of business of said
parties.
IN WITNESS WHEREOF, Lock Joint Tube Company, and the
Municipal City of South Bend have hereunto set their hands and
,seals this day and year first above written.
,Lock Joint Tube Company Municipal City of Sout, Bend, Indian,
ell By:
se H. Woodka,Pres.
;a�4!
ttest:
Andrew J. 1 ddnik, See.
First Party Second Party
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public, in and for
said County and State, personally appeared Joseph H. Woodka,
President of Look Joint Tube Company, and Andrew J. Budnik,
Secretary of Lock Joint Tube Company, and acknowledged the
execution of the foregoing Agreement of Easement to be their
voluntary act and deed, for the purpose herein mentioned.
Witness my hand and seal this I q day of
N 'otary TVblic
M
n' EX Tres: y"ois s
""Cu `0'
T
-5-
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public, in and for
said County and State personally appeared O-e"t- 6
and
s of the Bo�rd of Public Works of the City of South Bend,
Indiana, who acknowledged the execution of the foregoing Agree-
ment of Easement to be the voluntary act and deed of said City.
k`j1day of
'Witness my hand and seal this ��,/_Y
1961.
Notary
This Instrument was prepared by William N. Farabaugh,
301 St. Joseph Bank Building, South Bend, Indiana.
45681.1"
STATE OF INDIANA
SS:
ST. JOSEPH COUNTY
Andrew J. Budnik, being first duly sworn, states that
he is Secretary of Lock Joint Tube Company, an Indiana Corporation,
and that at a Special Meeting of the Board of Directors of the
Corporation held at 10.00 A-M. on the 18th day of May, 1961,
pursuant to a Waiver of Notice of such meeting signed by all the
Directors of the Corporation, the following Resolution was duly
RESOLVED, that the President and Secretary of this
Corporation be and they are hereby authorized for
and in consideration of the sum of $4,,900.00 to be
paid by the Municipal City of South Bend in the
execution of an Agreement of Easement embracing the
intercepting sewer already constructed across the
property of the corporation and the grant of a new
easement to lay, install, maintain, repair and
replace and renew a water main across the real estate
,of the Corporation in substantially the form of the
Agreement of Easement attached to and made a part of
these minutes.
dreva Inik
Subscribed and sworn
to before me this
day of
May, 1961.
Notary Public
my Commission Expires:
182 PAaM
S!
IN,
Zil,
co
rri
7
�N m
�1 rF LQUEMENT OF EASEMENT.
ThIS AGREZWMT made and entered into this 29th day of January, 1951,,`:'
by and between LOCK JOINT TUBE COMPANY, an Indiana corporation, hereinafter
. referred to as FIRST PARTY, and the MUNICIPAL CITY OF SOUTH BEND, INDIANA,
harolhafter referred to as SECOND PARTY,
WITNESSETH THAT:
FOR AND IN CONSIDERATION of One Dollar,($1.00) in hand paid to first
party by second party the receipt of which is hereby acknowledged and of the
conditions hsreinaftee''statod, said first party does hereby grant, bargain,
sell, convey and warrant to second party, to have and to hold forever, a right--
of-way and easement with the right, privilege and authority of second party,
Its asaignaand lessees to construct, erect, operate and maintain an Inter-
cepting sewer, inoluding manholes and miacella,neous appurtenances, as herein-
after described, under, along, through and acrosm the lands owned by first
party, and situate in the City of South Bend, in the County of St. Joseph,
State of Indiana, and described as follows:
Commencing at a point 10.54 East of the N. E. Corner of
the S e* of the S, W. a. of Sec. 35, thence SOo00 E. 611.341,
thence S. 47000 E. 34%1 thence SO000 E. 3A4.61 to a point
on the fast property line of Lock Joint Tube Co.
The said intercepting sewer across the first 771 feet,, more or less,
of said'doseribed land shall be approximately 84 inches in diameter and over
the remainder of said land shall be approximately 96 inches in diameter. The
same shall be placed and constructed at the depth shown on ths'plans of the
interceptor sewer filed in the Engineer's Office of the City of South Beia.d.
Second party is hereby granted the right to construct an intercepting
chamber on the now existing 96 inch sewer crossing the land owned, by first
pasty at a point approximately 30 feet West of the proposed 84 inch sewer;
and from this chamber the second party may, and is hereby giventhe right to
construct a throttle line parallel to the line designated as S. 470001 E. to
s point opposite a manhole to be located at the turning point of the proposed
t 7„7
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It
sewer, which Is approximately 75 feet South of the center line of Queen Street
extended. o,;( 'I 83 =508
Second party Is 11kowlso granted the right to construct a manhole
on the 24-, line approximately 25- South of the manhole mentioned In the preead-
Ing paragraph; and likevrjso a manhole OIL the 8411 "O..r North of the East
property llrb&; also a manhole ut Ki"You "rest.
Privilege :is hereby granted second party, Its assigns and contractors
to one the ground on either side of the easement heroin described, of a width
sufficient for ingress and egress and to haul the interceptor sewer pipe and to
lay and install the same and the miscellaneous appurtenances by open out method
and to place said as war Pipe and the excavated alZt on either side of said ease -
moat during the period of construatIon.
Second party agroest
A. To construct the interceptor sewer, chamber, --holas and throttle
line along the lino of B&sOmaut and at the points herein desIgnated in such
manner as not to Interrer at any time with the use by first party of Its build-
ings and grounds adjacent to the said lima Of easement'
B. To*indamnifY and hold harmless first party of any coctx 4a=&90s,
Suits, claims. and judgments of any and all kind and nature by reason oi—any
action taken, thing done or work performed by second party, Its assigns and con-
. tractors In the construction of said Interceptor sewer and appurtenances as
'herein described.
0. To grado the 11=a of easement, remove all excess exenVatod dirt,
replace all shrubbery and generally do all things r0cluired, to replace the lend
in =olativaly tha same condition as it was prior to excavation.
First party reserves the unoondItIon-1 right to construct a building
or buildings of any kind or description across the I:Luc-O:C easement, Provided
hawovor, that the same shall not AsVe a weight bearing wall running parallel
wlthln 20 feet of the line of easement or on the line Of easement or over the
mamholosr intereoptor chamber or throttle dine; :It balaig understood that a
weight bearing wall may be constructed across the IA=e of easement at right
angles thereto.
A`
IN WITNESS WBEREOF, the said Lock .joint Tube Company, and the
Municipal Oity of South Bond, Indiana, have horounto sot their hands and seals
the day and year first above written.
t1
LOCK JOINT TUBE COMPANY
president,
ATTEST:
Secretary
MUNICIPAL CITY OF SOUTH BEND, IND.
_4
il; o Byer/ -
A� ..'a
STATE OF INDIANA
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary 'Public, in and for said County
and State personally appeared the within named Roman Woodka.
and Andrew Budnik president and Secretary respectively of the
Lock Joint Tube Company, who acknowledged the execution or tho foregoing agree-
' wont of easement to be the voluntary act and deed of said corporation.
Witness my hand aud• seal this 29th day Of
JJanuary, 1951.
Notary public
Y
'My commission oxpires:
October 11, 1954,
LNL.. 483 -509
STI:TE OF nuANA ) q�
ST. JOSEM COUNTY ( SS; wtn ` q83 51
fl
Before mop the undersigned, a Notary Public, in and for acrid County
and Stake personally appeared Frank J. Bruggaer, Ruy S. Andrysiak and F. K.
1
Baer, members of the Hoard of PubX:La urorko or tho,;.C3ty of, Scut ll 73end, Sndiana,
• - who acknowledged the execution of the foregoing agreement of easement to be
the voluntary act and deed of said City.
�i Witness my hand and eeal this 29th day of January, 1951.
Notify Public
My commiesion expires:
CYA