HomeMy WebLinkAbout#423 - Deed; Agreement of easement - Water main easement 20ft wide running N of fillmore road btwn grendview and clemson~Ile
TIA-1-S made; and entered into this loth day o f
--August , 1960, by and between Neva L. Templeton, single and
of adult age, of 2639 S. 11th St. , Niles, Michigan , owner of the
legal title of the below described property, hereinafter referred
to as the First Party, and the Municipal City of South Bend,
Indiana, hereinafter referred to as the Second Party.
WITNESSETH THAT: gooK 604
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 hereinafter stated, said first
party does hereby grant, bargin, sell, convey and warrant to
Isecond party to have and to hold forever, a right-of-way and ease-
ment with the right, privilege and authority of second party, its
assigns, lessees and contractors to construct, operate and main-
tain a water feeder main and other necessary appurtenances thereto,
including the perpetual right to enter upon the property herein-
after described, at any time that it may see fit, under, along,
through, and across property owned by the first party and situate
outside of the South Bend city limits, St. Joseph County, State of
Indiana, said easement and right-of-way being described as follows:
A right-of-way and easement Twenty (20) feet in
width extending and running North and South along
the entire East line of the following described
property belonging to the first party. Beginning
at the
Southeast corner of Section 5, Township 37
North, Range 2 East, thence North along the East
line Of said
section 5, a distance of 986.2 feet'
thence: west 990.3 feet; thence South 988 feet to
the South line
of said Section 5, thence., East
along said
j al
rz South I ine of said Section 5, a d ls-
tance
of 993.1 feet to the place of beginning,
containing 22.47 acres and situated in Portage
Township, St. Joseph County, Indiana. Excepting
therefrom the fqz� owing: Beginning 582.1 feet
West of tineVast corner of said Section No. 5,
thence West along" the South line of said Section,
260 feet; thence North 476 feet; thence Last 260
feet; thence South 476 feet to the place of beginning.
First Party does hereby cOvenax-tt tft*Lt It i's
A temporary construction easement is hereby granted said
second party, its assigns, lessees, and contractors to use the
property with the right - of ingress and egress for excavation, and
to haul, water main pipes and to lay and install the same, and
other necessary appurtenances and perform other construction work
necessary in the laying of said water feeder main, the property
4eing more particularly described as follows:
A right-of-way and easement Forty (40) feat in
width extending and running North and South along
the entire East line of the following described
property belonging to the first party. Beginning
at the Southeast corner of Section 5, Township 37
North, Range Z East, -thence North along the East
line of said section 5, a distance of 986.2 feet;
thence west 990.3 feet; thence South 988 feet to
the South line of said Section 5, thence Cast
along said South line of said section 5, a dis-
tance of 993.1 feet to the place of beginning,
containing 22.47 acres and situated In Portage
Township, St. Joseph County, Indiana. Excepting
therefrom the following: Beginning 582.1 feet
West of the South East corner of said Section No. 5,
thence West along the, South line of said Section,
260 feet; thence North 476 feet; thence East Z60
feet; thence South 476 feet to the place of beginning.
SECOND PARTY AGREES:
H A. To construct the water feeder main and other neces-
iry appurtenances In such a manner as not to interfere at any
!me with the use of first party of Its buildings and properties
of herein described.
B. To indemify and hold harmless first party of any
costs, damages, suits, claims, and judgments of any and a'11 ki
nd nature by reason of any action taken, thing done or work per-
ormed by second party, its assigns, lessees, and contractors in
he constructing of said water feeder main and other necessary
ppurtenances as herein described. uu
:3
_Z_
party in relatively the same condition as it was prior to exca-
vation with the exception that second party shall have the right
to remove trees, brushes, and undergrowth that would interfere
with the construction, operation, and maintenance of said water
feeder main or other necessary appurtenances.
ra
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IN WITNESS WHEREOF, Neva L. Templ6ton, and the
Municipal City of South Bend have here unto set their hands and
seals the day and year first above written.
Municipal City of South Bend,
Indiana
Neva L . Ternfon
BY
First Party
Second Party
STATE OF\
SS:
COUNTY OF\\,
Before me, the undersigned, a Notary Public, in and for
said County and State, personally appeared Neva L. Templdtoa and
acknowledged the execution of the foregoing Agreement of Easement
to be her voluntary act and deed, for the Purpose therein men-
tioned.
IvVitness my hand and seal this \&
MMFMMIMMMPIMI�.'�
bly Commission Expires:
-3-
Before me, the undersigned, a Notary Public, in and for
said County and State person -ally appeared Frank J. Bruggner,
Ray S. Andrysiak and Irving J. Smith, members of the Board of
Public Works of the City of South Bend, Indiana, who acknowledged
the execution of the foregoing Agreement of Easement to be the
voluntary act and deed of said City.
Witness my hand and seal this day of
1960.
14y Commission Expires:
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