HomeMy WebLinkAbout#424 - Deed; Water main, license running along north side of grand trunk and western RR property between warren street and jackson street ( South of Ford Street)lihow , ..,.a. a__. 6ir;
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THIS AGRE.Wli;NT, Made and entered into this day of �X6
193,2, by, and between MUR, XERSEY, INDIANA & ILLINOIS RAUSUAD CUMPANYo an
ludiana Corporation, hereinafter called the First Partyo and CITY OF SOUTM
BEND$ IND1,AXA, hereinafter referred to an the WOW Party.
ono S3EPTH:
First: That, for and in consideration of One Dollar (01.00) the
receipt of which is hereby acknowledged, and upon the terms and conditions
hereinafter set forth, the First Party hereby grants unto the Second Party
the right and permission to construct and thereafter maintain a six inch
(611) water Inain on the northerly side of its right of wuy betwean Wwran and
Jackson Streets in South Bend, St. Joseph County, Indiana, the location of
said water main in shown in brown coloring on the print hereto attached.
Second: The said water main shall be plaosd at a depth of not
less than four (4) feet below the base of rail ot tba tracks of the Pirst
Party, where it passes under the same aad shall be installed In such manner
and at such time as shall meet with the approval of the rngineer of the First
Party, or his representative, and as all not hinders delay or endanger the
operation of trains of the First Party.
All material furnished and all work done in connection with the
installation or maintenance of the said water main shall be at the expense
of the Second Party and in case the First Party shall, after the said water
rein has been installed, lay upon its W4 right of way as additional track
or traoksp ove2 the said water main, the Second Party shall, at its own expense,
make such additions or alterations as the Engineer of the First Party or his
representatives shall deem necessary.
Third: The SeCond Party further agrees that it will at all times
during the existence of the said water main under the tracks of the girst
Party, keep the soil over the same thoroughly compacted and the grade even
with the adjacent surface of the ground and that it will at all times protect
indeannify and save haimiless the First Party from and against all claims, de-
mands, judgments, losses, costs, liabilities and expenses for injury to or
death of the person, or damage to the property of any person whomsoever tta-
eluding both parties hereto and their employes), In any manner arising from
Or growing Out Of the 00nstruViOn, naintenancev repair, existence, use or
reMoval of said water main, or the subsidence of the soil aver the same.
Fourth: his agreement shall continue in force for a full term
of one (1) Year from the date hereof, and thereafter until either party
shall -have given to the other in writing thirty (30) days, notice of its
intention to terminate the sane and in that event, the Second Party shall,
within thirty (30) daYS after such notice has been given, take up and remove
the said water main and restore the said property to its original condition.
Fifth: This agreement shall be binding upon the successors and
assigns of the Parties hereto and shall not be transferred Or assigned by the
Second Par tY without the written consent of the First party.
IL .01 8 . % - 1 1 Y I
IN WITNESS THERMO the parties hereto have executed this in-
strument in duplicate the day and year first above written.
X1;R3RYi INDIARA & ILLINOS RAILROAD CONTPAry
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