HomeMy WebLinkAbout#368- Deed; Sewer (south side Trunk sewer) - from intersection of pennsylvannia R.R. and chipewa, north along railroad R.O.W��rr ,
d" ;' "'' ' AGREEMENT OF EASEMENT:.
THIS AGREEMENT made and entered into this day of
June, 1962, by and between STUDEBAKER.-PACKARD CORPORATION 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®
WITNESSETH: Bo%629 WAGE
474
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,
bargain, sell, convey and warrant 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 undergroung 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
nd necessary appurtenances, over, along, through, and across
property owned by First Party, situated in the Southeast quarter
((a) of Section 23, T37N, R2E in the City of South Bend, St.
Joseph County, Indiana said right-of-way and easement being more
"particularly described as follows®
g g Be innin at the intersection of the north right-of-way
Line of Chippewa Avenue and the westerly right-of-
way line of the Pennsylvania Railroad, thence west
along the north right-of-way line of Chippewa Avenuef
a distance of Thirty-eight (38) feet, more or less;
thence northerly along a line thirty (30) feet, more
or less, westerly of and parallel to the westerly
right-of-way line of the Pennsylvania Railroad a
distance of Two Thousand one Hundred Five(2105)
feet; thence along a line with a deflection angle
to the left of Zero Degreest Fifty minutes (00050t)
a distance of Three Hundred Fifty (350) feet; thence
along a line with a deflection angle to the left of
Fourteen Degrees, Thirty Minutes (1403,02) a distance,/
of'Three Hundred Fifty (350) feet; thence along a
line with a deflection angle to the right of Ninety
Degrees, Zero Minutes (go 002) a distance of Thirty
(30) feet; thence southerly along a line with a
deflection angle to the right of Ninety Degrees,
Zero Minutes, (g0000l) to its point of intersection
with the westerly right-of-way line of the Pennsylvania
Pnili-nad., thence southerly along said westerly right-
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The party of the first part does hereby covenant with
the Second Party, that it is lawfully seized and possessed of
the real estate above described, that it has a good and lawful
right to convey it, or any part thereof, that it is free from
all encumbrances.
Said Second Party further agrees as follows:
A. To construct the sewer pipe and necessary appur-
tenances in a workmanlike manner as expeditiously as possible
ao as not to interfere with the use of the first party of its
buildings and property herein described.
B. To pay to the first party any damage which may
result to its property by reason of the construction, laying and
installAtion of the above and foregoing South Side Sanitary
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C. To indemnify and hold harmless First Party of any
costs, damages, suits, claimsp and judgments of any and all
kind and nature by reason of any action taken, thing done or
work performed by Second Partyq its assigns, lesseesq and
contractors in the construction, maintenance, installation, repair
replacement and renewal of the South Side Sanitary Trunk Sewer.
D. 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.
E. To furnish and make available to the first party one(
booK 629 PAcE4 "15
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sewer service tap, 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 and sewage
treatment charges as enjoyed in the normal course of business of
said parties.
Privilege is hereby granted Second Party, its assigns,
lessees, and contractors to use the groucd on either side of the
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and egress and to haul sewer pipe and to lay and install the same
and the miscellaneous appurtenances and to place said sewer pipe, / I
and the excavated dirt on either side of said easement ONLY DURING
THE PERIOD OF CONSTRUCTION AND ZDTSTALLATION of any of the above,
and foregoing sewer. gooK 629 PAcE 476
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 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-of-way and easement before
construction be undertaken.
IN WITNESS WHEREOF, Studebaker -Packard Corporation, and
the Civil City of South Bend have hereunto set their hands and
seals on the above day.
�d l a " r-Packs d Corporation Civil C ' o - ou - Bend, Ii1dian
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Attest a '
FIRST PARTY SECOM PARTY
",Before me, the undersigned, a Notary Public, in and for
said County and State,personally appeared B. A. Burlingame
s
Vice President -Finance , and S. B. Feuer
pGsj�t�t Srrei,V , and acknowledged the execution Of the
foregoing Agreement of Basement to be the voluntary act and
deed of said corporation.
Witness my hand and seal this29thday of _June
,or it
- e Margery barren, Notary Pu.� 1C
pGp",
"January 27. 1966
Before me, the undersigned, a Notary Public, in and
for said County and State personally appeared I . SS, Andrvsiak ,
Irvi..np J. Smi_ h , and Edwin T. Davies ,
who acknowledged the execution of the
foregoing Agreement of Easement to be the voluntary act and deed
of said City.
s Yr`
Witness my hand and seal this-,CL?`/�- day of, ', . , 1962,.
-y l
Nota,rg a Pu is
YK `'
My Commission Expires:
1/7
B06K 6 29 PAGE 477
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