HomeMy WebLinkAbout#416 - Deed; Water main easement from the south line of corby along the east of st joseph river and the west line of michigan central r.r. rowAGREEMENT OF EASL�iIE I`
THIS ACREEI.1,4F TT made and entered into this day of
1966, by and. between Fred Dick
777
and Walla Dick, husband and wife, of South Bend, Indiana, herein-
after referred, to as First Parties, and the 'Municipal City Of
South Bend, Indiana, hereinafter referred to as the Second Warty.
WITNESSET THAT:
FOR MID IN CONSIDERATION of one `Thousand Dollars ($I,OtJQ»QQj
in hand paid to first parties by second party and of the mutual
conditions and covenants hereinafter stated., said first parties
do hereby grant, bargain, sell, convey and warrant to second.
party to have and to hold :Forever, a 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 construct, operate and maintain a water main and,
other necessary appurtenances thereto, including the perpetual
right to enter upon the property hereinafter described, at any
time that it may see fit, gander, along, through, and across the
property owned by first parties and situate in the Southwest
quarter Section one, Township 37 North, Range 2 East, Portage
Township, County of St. Joseph, State of Indiana, said right of
way and easement being described as follows
Beginning at a point on the west right-of-way line of
the Michigan Central Railroad and the south right--&f-
wary 1-ine at Corby Street extended west; thence, south-
easterly on and along the west line of the Michigan
Central Railroad., a distance of Twenty-five and Twen-
ty-four Hundredths (25.244) feet; thence, on a line
making a deflection to the right with respect to the
aforesaid lame of Seventy -'eight Degrees 'twenty-five
Minutes, (78025°) a distance of Thirty-five (35)
feet, plus or minus, to the mean water lane of the
s 677 rACf;3
I
St. Joseph River; thence, northwesterly along said
mean water line a distance of Thirty-two (32) feet,
plus or minus; thence northeasterly on and along
a line parallel to and Thirty (30) feet from a line
previously described a distance of Twenty-six (26)
point on the extended south
feet plus or minus, to a
right of -way line of Corby Street; thence, easterly
-
on and along the extended south right-of-way line a
distance of Eight and Twenty-two Hundredths (8.22)
feet to the point of beginning.
said water main shall be approximately Twenty-four (24)
inches in diameter and the same shall be placed and constructed
at a depth as shown on the Plans for the water main filed in
the Engineer's 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.
privilege is hereby granted second party, its assigns,
lessees, and contractors to use the ground on either side of the
ease,nent-herein described, of a width sufficient for ingress and
egress and to haul the water main pipe and to lay and install
the same and the miscellaneous appurtenances and to place said
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 appurtenances
in a workman -like manner as expeditiously as possible so as not
to interfere with the use to the first parties of buildings and
�cf- I�e,rn_+n dn,.qcrIbo_r1,_
B. To indemnify and hold harmless first parties of any cost,
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
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 UlEl sai:ae condition as it was prior to
excavation, wl.th the exception that second party shall have the
right to remove trees, brush, and undergrowth that would interfere
with the construction, operation, and maintenaa�ce of said water
main.
First parties reserves the right to construct buildings and
structures across the right of way and easeme)at---berein granted,
provided however, that there shall not be a weight bearing wall
wit'hin the rig'Ot of way and easement which would exert pressure
or weigilt on the water main so that any damage or interference
covCLd -Ufzj Qakjsva witth said water i-,iain or other necessary
appurtenances. 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 the right of way and easement before construction be
undertaken.
IN WITNESS MiEREOF, Fred Dick and Willa Dick, husband and
wife, and the Municipal City of South Bend have hereunto set
Ulle-Ir 1:iands and seats the day and year first above written.
Municipal City of Soax h Bend, Indiana
"Y
Fred}./
red Dick
Willa Dick
First Parties
Second Party
STATE OF INDIAN a
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ST. JOSEPH CO r�
y„mds y .k ijViA .
77 PA'
p.
Before zee, hey �a��detsigne.1,/Ma T�Cr�tary Public, in and far
said County and State, personally appeared Fred Dick and Willa
icI,(. husband and wife., and acj vnowlec�lged the execution of the.
foregoing Agreement of 'S,asem.ent to be t"h,ei r voluntary act and
deed;, for the purpose therein mentioned.
Witness 1y hand andseal h day of _ /
Y
Icy (-;orxjj�.l.:ss:aon Expires o-aruhllc
14-16
Cr INDIANA,, �
)SS*
ST . JOSEPIP Cou-i\Tfy }
ma, t--1 •, nnatitc}: i nc c9, n. Ncs"tail r Fublic, In and 'fox -
said county and Stag:, personally appeared James A. Bickel,
Lloyd S . Taylor, Robert J . DuComb, meri:-iL ers of the Board of
Public Works and Safety of the City of South Bend, Indiana, who
acknowledged the execution of the foregoing Agreement of
t ygP
Easement to he the voluntary act and deed of said City.
Witness my hand and seal this 3rd clay of June ,
�' Cc�d�x al.ssl on Expires: : eannette Smith _ Notary Public
o . 677
359,360,361362
day Of
* nd botween pyaa nyi,
aid wife,
after sae aira; f,,,'I to as First Parties, and theAnicipal Cityas
S0410.a referred, to as the .175econd
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t!.,1D 1''. C° n b`�;`" ., s. Gam'; (')na @;�VICr'rignfir1, Dollars ,000.03
-1:2 hd"ac' p."?��d to ii Est parties by seenn, party and of the mutual
" a"ad hvre ln.aaf ter: stated, :T `s parties
a eisby ga:e nt, bargain, sell, convey and Warrant to second
pat uaa have and to bold forever, as a� �attlaa. °;�.°� n �» u
easement (Including the perpetual right of ingress and Ogms to
the praperty bereinafter described) A& the AgIt, privilege and
anmaahorit a of the econe party, its assigns, lessoes and
ccntractore to c nq.a uo.,�t, operate sang maintain, n water main and
otber °necess ar apppuxtenn%7cee thereto, including the perpetual
right to enter upon the 1,,xroperty hereinafter Ascribed, at .
time that t may see fit, under, along, 12-ro uat �, and ac apos> the
property owned by first partiesd situate u .n the Sma:hwest
Townsbip, County t. OWN N to of Indiana, said rigbt o
want' and easement being a as follows
Beginning at a pointthe west'right-of-WAY lins Of
the Michigan Centram Railroad W theuth V ght-0
way l inz at WAY Street exteneled wait; tbence, soutb-
easterly on and alonathe wept line og the,s
-five ind UK,
Central Railroad, a distanci of Twenty
- uHun4 with (25.24) feet; tbence, 00 a line
making a a.aw Tact. nn to than rigbt AS rOSPeCth
.rind lime of Seventy-eight Dog eas Twenty-five
Minutes, (') a distance o � -f
feet, plualor winx&q, to the mean Water lime Of the
1Z1/Ir„, ��„u r,�rmawearwavruNr!'wuN,�d��r11'0I10�11e/u�AIIgY�IG/�0/lfOGGI//�J//JII��/KrG�il(!''RIIyNU����yGiNA9fNb.'�J!,I'�y'V���
c vrrrrr"��,
/rroz
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"t a Joseph. . � t1mean jence
water' a distance of Thirty-two
Jtbence nortbansterly on and along
on
Wd Thirty ( Ease -from a line
P"r ViO1,34 . char -ribed a g'td of, -s a ( a�
fir'
is"I"k - lire cot!'q Streetooasterly
distenr e of Eigbt and � d ath(8.22)
feet to tile Paint of beginmaing.
ced an, constructed
��� Be a. -1sr(;cr'G .ixte Ot .1te Cityf
s�ziser.k po, s''rrsk°' d' o $;�'u"a Gr.,"M 1.',aa.6, estate r,,,sTibed thereof.
r, l ?'�rir",'wvas, and. 4��.C"5 .�,w�"ac o,re t use theground C)r,), either e side °fin" h
%O%/%%0'
f
easewer'X hareirr describeciga r r d � mr ic;ie for
gxreas and
end to livul the water a i aid .ay and 1"astal1.
essay°,, it only during the joeriad of co on-
Second Party AE;vees,
*e COS
n a via ^ ° c4-11'we ammer as �,,ni:peditiously as possible so as not
Properties not herelp,dePerlbed.
` . T indfxm-tify and hold, first;- PArties of, any, cost,
dauvages, stlits, cla ir4 , stand judgments of any and all kind and
nature reason of any ir n, thinS done or work
performed by eeeon4, party,:its assiLgns,, les,sees j and, contractOTS',
i
in the c on,s true tin'8 of Said water mgin and other recess&ry
,M)PUrten"ances as h6rein deacribed.
with tite eonstrzmtion, operat-ion, and majikdd�uee aZzaid water
main.
First parties reserves the right to construct buildings and
structures across the right of way and easement,';berein granted,
provided however, t1hat there shall not be a weight bearing wall
within the rigjit of way and easement which would exert pressure
for approval of that portion of the t�uildings and structures
tha,t cross tbe right of way and easement before construction be
uadertaken.
IN MUM= WITEREOF, Fred Dick and it Dick, husband and
their hands and seals the day and year 91rat above written.
munici al City of South Bond, Indiana
42
Fred Dick T—
'A
Willa Dick
First Parties
Second Party
STATE'For
INDXMqA
).
STD:. JOSEPH coum�
Before , the undersignad,a Notary `blic, in and for
r
said County and Surfs, personally appeared Fred Dick and Willa
c u�'
Dick, husband and wife, and acknowledged the execution of the
foregging ftreealcnt Of Basement to,be',,.thei vol tart'„ aid
load, for e purpose therein ,tweed.
' i tl my 'hand a d seal this m�. day of
1966.
+qq y�
pp �p �pq p}y � ,�pp }�µs Public
.Ws AWY YJiL4G m J4a $s 4vn�kJ 6 uu.... � ���W'J IG�. @r. .tlL WbiW 1. d.rW
MY pyyp �g ��@@qq qqmxq{ Expires
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Qom: ���"�j q/,gp I�ygp
iQ�"1rr. Buuidi.:iAlti. RJ� Pod's.4�
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f e, the undersigned, a Notary F044F. i aged F f
said County and State, personally appeared James A. Bickel,
Lloyd S. Taylor, Robert J. DuComb, members of the Board of
Public Works and Safety of the City of South Bend, Indiana, wbo
acknowledged the execution of the foregoing Agreement of
Easement to be the voluntary act and deed of said City.
Witness y hand and seal t1 day ,
I
1956.
L
r C
My Commission q mJ atte B., i l,, Notary Public
11r5/7
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