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lessor and the Civil
2. 4,vpeeiaent of Easement between Arthur F. Reasor and
the Civil City f South Bend, Indiana
. k:ikt A= Clyde Q Williams
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Very truly yourep
RSM SAS
ICE E, 'WILLIAMS ASSOCIATES, INC. SOUTH SEND, INGDIANAPOLIS FRANKFORT
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CONTRACT
THIS AGREEMENT made and entered into this/ day of
June, 19629 by and between ARTHUR F. REASOR of South Bend, Indiana
hereinafter referred to as FIRST PARTY, and the CIVIL CITY OF
SOUTH BEND, TNDIANAv hereinafter referred to as SECOND PARTY.
The parties have entered into an agreement of easement
whereby the first party has granted to the second party a
perpetual right-of-way and easement over his property andv
WHEREAS, the parties are desirous of making certain
provisions for the construction, maintenance, installation, and
repair of the sewer that will be constructed through said right-
of-way and easement,
NOW THEREFORE WITNESSETH:
FOR AND IN CONSIDERATION OF' One Dollar and the granting
and conveyancing of a perpetual right-of-way and easement by
First Party to Second Party,
THE PARTIES HEREIN AGREE AS FOLLOWS:
The first party agrees to grant second party, its
assignsv lessees, and contractorst the privilege to use a strip
of land twenty (20) feet in width immediately adjactnt and parallel
to the right-of-way and easement granted in a certain agreement
of easement entered into the L2ijay of June, 19629 said right-
of-way and easement being described as follows:
Beginning at the intersection of the easterly right-
of-way line of the Pennsylvania Railroad and the north
right-of-way line of Ireland Road; thence northeasterly
along said easterly right-of-way line of the Pennsyl-
vania Railroad a distance of Nineteen Hundred and
five tenths (1900.5) feet more or less to a point
Four Hundred Fifty (450) feet Northeasterly of the
intersection of the easterly right-of-way line of the
Pennsylvania Railroad and the north line of the
southwest quarter (1/4) of the northeast quarter (1/4)
of Section 26, Township 37 North, Range 2 East
measured along said easterly right-of-way of the
Pennsylvania Railroad; said point being on the inter-
section of the easterly right-of-way line of the
Pennsylvania Railroad and the northerly property line
of a tract of land owned by Arthur F. Reasor as
recorded in Deed Record 445,,,i,, page 441 'in the office of
0 01"
Z
the Recorder of Ste Joseph County, Indiana; thence
southeasterly along said northerly property line of
the Arthur Reasor property a distance of Thirteen
and Sixty-four Hundredths (13.64) feet more or less
to a point Ten (10) feet southeasterly from the
easterly right-of-way line of the Pennsylvania
Railroad measured at right angles to said right-
of-way line; thence southwesterly along a line
Ten (10) feet southeasterly of and parallel to
said easterly right-of-way line of the Pennsylvania
Railroad to the north right-of-way line of Ireland
Road; thence West along the north right-of-way line
of Iveland Road to the point of begInntug.
for temporary construction purposes, to haul sewer pipe, to lay
and install the same, and to place rower pipe and excavated soil
on said strip of land, this privilege however being limited to
the period of construction and installation of said trunk sewer
or a period of one year from the date of this agreement, which-
ever is lesser.
THE SECOND PARTY AGREES AS FOLLOWS:
A. To construct the sewer pipe and necessary
appurtenances in a workmanlike manner as expeditiously as possiblel
so as not to interfere with the use of the first party of his
property not herein described.
Be To pay to the first party any damage which may
result to his property by reasons of the construction, laying and
installation of the above and foregoing South Side Sanitary Trunk
�Sewert together with attorneys,t fees if suit is filed.
C. To indemnify and hold harmless First Party of
any costs, attorneyst fees, 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 the sewer pipe, and other
necessary appurtenances as herein described.
D. To grade the right-of-waY and easement, re-
moving all excess dirt and generally doing all things required
to place the property in relatively the same condition as it was
prior to excavation, burying the debris in the fill or removing
it, so that the disturbed area may be replanted.
Page 2,
Z. To furnish and make available to the f irSt
party any I number of sewer service taps without charge or expenses,
limited to the number of manholes in the easementp the location
of which will be designated by the first party. This provision
in no way changes the bearing of expense as to installation and
�usage of sewer services and sewage treatment charges as enjoyed
course of business of said parties.
F. To install a class of sewer pipe that is ac-
ceptable to the Pennsylvania Railroad in the area where the
Railroad is to install a siding into the property of the first
party. This pipe shall be a minimum of one hundred (100) feet in
length and shall be C-76, Class IV Pipe, as designated by the
America Society of Testing and Materials. The exact location of
this pipe shall be designated in writing by the first party to the
City Engineer of the second party within seven (7) days after
first party has received written notice from the second party that
second party is ready to install said pipe.
First party reserves the right to construct build-
ings and structures across the right-of-way and easement granted
above provided$ howeverp there shall not be a weight bearing wall
within the right-of-way and easement which would exert pressure
or weight on :the sewer pipe. Any plans calling for the construc-
tion 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 the right-ofway and easement before con
IN WITNESS WHEREOF, Arthur F. Reasor, and the
Civil City of South Bend have hereunto set their hands and seals
on the above day.
J$L' t, AA U.L V # LN
FIRST PARTY
Civil City of S
By: I z
th Bend, Indiana
Page 3.
ti
AGREEMENT OF EASEMENT
THIS AGREEMENT made and entered into this day of
June, 1962, by and between Arthur F. Reasor of South Bend,
Indiana, hereinafter referred to as FIRST PARTY, and the Civil
City of South Bend, Indiana, hereinafter referred to as the
SECOND PARTY.
WITNESSEM
THAT FOR AND IN CONSIDERATION OF One Dollar in hand
paid to First Party by. Second Party, the receipt of which is
hereby acknowledged, and of the mutual considerations and con-
ditions hereinafter stated, First Party does hereby grant and
convey to the Second Party, to have and to hold forever, a
perpetual right-of-way and easement, including the perpetual
right to enter, upon the real estate hereinafter described,
with the right, privilege, and authority of the Second Party,
its assigns,, lessees, and contractors, to construct, maintain,
install, repair, replace, and renew the South Side Sanitary Trunk
Sewer together with the right to excavate and refill ditches
and trenches required for the location of said underground sewert
manholes, and necessary appurtenances and the further right to
remove trees, bushes, undergrowth, and other obstructions inter-
ferring with the location, construction, and maintenance of the
above sewer including manholes and necessary appurtenances, over,
alongt throughp and across, property situated in St. Joseph
County, State of Indiana, being described as follows:
Beginning at the intersection of the easterly right-
of-way line of the Pennsylvania Railroad and the
north right-of-waY line of Ireland Road; thence
northeasterly along said easterly right-of-way
line of the Pennsylvania Railroad a distance of
Nineteen Hundred and Five Tenths (1900.5) feet more
or less to a point Four Hundred Fifty (450) feet
northeasterly of the intersection of the easterly right-
of-way line of the Pennsylvania Railroad and the north
line of the southwest quarter (%/4) of the northeast
quarter (1/4) of Section 26, Township 37 Northv Range
2 East measured along said easterly right-of-way of
the Pennsylvania Railroad; said point being on the
intersection of the easterly right-of-way line of the
Pennsylvania Railroad and the northerly property line
of a tract of land owned by Arthur F, Reasor as
"-"A c,13`
BOOK 1 i�,n0
4
recorded in Deed Record 445, page 441 in the office of,
the Recorder of St. Joseph County, Indiana; thence -
southeasterly along said northerly property line of
the Arthur Reasor Property a distance of Thirteen and
Sixty-four Hundredths ('13.64) feet more or less to a
point Ten (10) feet southeasterly from the easterly
right-of-way line of the Pennsylvania Railroad
measured at right angles to said right-of-way line;
thence southwesterly along a line Ten (10) feet
southeasterly of and parallel to said easterly right-
of-way line of the Pennsylvania Railroad to the north
right-of-way line o!Ireland Road; thence West along _..,
the north right-of--w y line of Ireland Road to the point
of beginning.
IN WITNESS WHEREOF, Arthur F. Reasor and the Ci-vil
City of South Bend have (,hereunto set their hands and seals
on the above day.
Civil City of South Bend, Indiana
By:
BOOK
SECOND PARTY
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY)
Before me, the undersignedv a Notary Public, in and
for said County and State, personally appeared Arthur F. Reasor
and acknowledged the execution of the foregoing Agreement of,
Basement to be his voluntary act and deed, for the purpose ,
mentioned.
Witness my hand and seal this) p"44ay o 9 1962
f 1 4�
--R—otary P UbTic
iassion Expired;
Before met the undersigneds, a Notary Public, in and,
for said County and State personally appeared R. A. Andrysiak 9
rving J.Smitdnd Edwin L. Davies , members of the Board of Public
Words of the City of South Bend, Indiana, who acknowledged the
execution of the foregoing Agreement of Easement to,
voluntary act and deed of said City.
Witness my hand and seal this.L day of 19621'
77! 7
My Commission Expires-. 'Y"'/Zz'
This Instrument was prepared by William N. Farabaught
301 St. Joseph Bank Building, South Bend, Indiana.