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Home My WebLink About#432- Deed; Sewer - running along the South Line of Indiana East - West Toll road, beginning immediately west of portage averr ., awn �I✓ ' �,,„„'."eyw a / J + ✓ era �� m�<�a✓j�rtw. ,d✓'�,r,�awr �'(c,,,ol,w `��wa'✓" y�;.c Or'� 'A'�G e ry gy �✓ �✓,� ,rr%/�%l✓� < ,,,,,.�� ,,,� 1< "'ar,�rm,��x,» /;�', %a,r�,�� " mo. a° ✓ r � ,ra iM1 e I„er F r� � r IW W > ,w �✓ GYN m %�wOTr a n1 �au, m „, < ,,,✓° " i '' �. is�n ter`; roa,A AGYENT OF EASEMENT REE THIS AGREEMENT made and entered into this day of , 1967 by and between Virgil A. Place and Helen Place, his wife, Robert B. Place and Beverly Place, his wife, and J. Henry Amt and Janet Amt) his wife, hereinafter referred to as First Parties, and the Municipal City of South Bend, Indiana, hereinafter referred to as Second Party. WITNESSETH THAT: FOR AND IN CONSIDERATION of One Hundred ($100.00) Dollars in conditions and covenants hereinafter stated, said first parties do hereby grant, to second party, its successors and assigns, to have and to hold forever, a perpetual right of way and ease- ment with the right, privilege and authority of the second party, its assigns, lessees and contractors to construct, operate and maintain an underground sanitary force 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, under, along, through and across the property owned by first parties within the right of way herein- after described, which is located within the boundries of a tract or parcel of land situated in the County of St. Joseph, State of Indiana, briefly described as follows: A permanent easement Ten (10) feet in width extending Five (5) feet on either side -of the following line WA n located in the Northern Half Of the wortbwest Quarter of Section 271 Townsbip, 38 North, Range 2 East, st., Y6,seph County, Indiana, and des1cribeld as follows: Commencing on the center line of Portage Highway at its intersection with a line drawn parallel to and a distance One Hundred Fifty (150) feet southerly of, measured on a line normal to the center line of the Indiana East-West Toll Road as shown by plats recorded in St. Joseph County Map Records; thence to a point Sixty-five (65) feet westerly, measured at right angles to the center line of said Portage Highway, thence southerly Five (5), feet along the east property line of the Grantors' lot as shown by plat recorded in St. Joseph County Map Records, to the Point of Beginning; thence westerly a distance One Thousand, Nine Hundred Ten (1910) feet more or less, following the curvature of line parallel to and distant One Hundred Fifty-five (155) feet southerly of the center line of said Toll Road, said line being Five (5) feet southerly of the Toll Road right of way fence, to a point on the west property line of the Grantors, said point being an a PrOPDX�ay Xj_XA'_ XV ---- -- 1�t Fj mentioned lot from parcel 63EIP owned by 0% Indiana. First parties hereby grant a temporary construction easement to said second party, its assigns, lessees and contractors, to use the property with the right of ingress and egress for excavation, and to haul pipe and to lay and install the same, and other necessary appurtenances and perform other construction work necessary in the laying of said underground sanitary force main, the property being more particularly described as follows: An easement Twenty-five (25) feet wide measured South from the South line of the permanent easement herein - before described and extending One Thousand, Nine Hundred Ten (1910) feet in length parallel to said permanent easement. Second Party Agrees: A. To construct the underground sanitary force main and -2- necessary appurtenances in a workmanlike manner as expeditiousl3 as possible. w,, zcxzaca&n:Li.,y 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 in the constructing of said underground sanitary force main and other necessary 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 the same condition as it was prior to ex- cavation with the exception that hat second party shall have the Pere with the construction, operation and maintenance of said underground sanitary force main. IN WITNESS WHEREOF, Virgil A. Place and Helen Place, hus- band and wife, Robert B. Place and Beverly Place, husband and wife, and J. Henry Amt and Janet Amt, husband and wife, and the Municipal City of South Bend, Indiana have hereunto set their hands and seals the day and year first above written. MUM PAL CITY OF SOUTH BEND, INDIANA. B virgil A. Place J es A. Bickel Helen Place Lloy Taylor Robert B. Place Robert J. DuComb SECOND PARTY. Beverly Place J. Henry an e STATE OF INDIANA ST. JOSEPH COUNT )SS: Before me, the under,s;Jgneu, a NuCary FUbllc, lrj alad Eow said County and State, Personally appeared Virgil A. Place and Helen Place, husband and wife, and Robert B. Place and Beverly Place, husband and wife, and acknowledged the execution of the foregoing Agreement of Easement to be their voluntary act and deed, for the Purpose therein mentioned. Witness my hand and seal this _day of 1967 Notary pu&l—:Lc Commission Expires: STATE OF COUNTY OF )SS: Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared, J. Henry Amt and Janet Amt) husband and wife, and acknowledged the execution of the foregoing g Agreement of Easement to be their voluntary act C� and dried, for the purpose therein mentioned - Witness my hand and seal rhIs _,_._-----•day of ,19 'Notary Public My Commission Expires: F", etore me, ti'ie uncersignea, a 1VtJta7Cy .L''47.1 t1'],'� said County and State, personally. appeared James A. Bickel, Lloyd S d Taylor, Robert. "'T . DtiConif_), members of the :hoard o p,kj 1 c *vPIo ks ancl. " afety oj_' j."1)e City of South Bend,, Indiana, who acknowledged the. execution of the foregoinZ Agreement of Easement to be the voluntary act and deed of said City Witness my hand and seal this day of ,1967 Jeannette B My Commission Expires February 15, 1970. th, Notary Public THIS ma do 4ad eutered Into th:Ls day of 19(1'7 by avid between VQ&A, Place and Helen P14ce, his wife, Robert B. Place and Beverly Place, his wife, and J. Henzy Am Z and jaae, jaat, j4jz vjga, horejnar*te�c "Orred tO as First Partia& aud the G1.01 o2 Smtth Y send, Indiana, reZerred to as secoad pazty. FOR AM IN COAMERATION uZ One Hundrid CQ00.1Q0) Dollars J9 �30 hereby to se4.oild party, its BUCCessors and assj&38, to 17'a"Va aad to PerPetual oZ way and case- UlfUlt With Lhe� right, PAVilege a"d UULharity A the secoud PaWtY, its asalgaa, lessees and contraqtuxs 10 goustruct, opera ead maintaia aa uadex3vound sanitary force main cud other MWOOM aPPUsLananCes tLeXwtu, jnCjUdi, the pexpetUaj right to mter upou the PrWerty hereinafter deocz.%Lhro.�j , t, EIy tiat it may see fit, undex, alung, through and across the property Own& by Arat p4sties uwii.U� l the risilt o2vjay herein - Ater Ascribed, wbioh is 4ocayed witlliz-'Ithe ma "I of a trac or parcel A land situated in the County W St. Joseph, State of ladianz, briegly despribed ans f-.0110'fda 11 A pe=anaut es"ement Zon (IQ) , �eet in width extanding Fiv, (5) Zeet on either Side of the folloulng 10 located in the Ma rc% 11al f tkie Nasthwast Quarter of SaceAon 27, Township o ,, Range 2 East, from parcel 63EiP Owned by the State necessary appurtenances a a woAmanlike manner as 000ditiOusly I ZOMMAAF M=a an ny oost, damages, suits, claims, and judgments of any and all kind and nature by reason, oS! any action taken, thing done or work perfozmed by secand party, its assigns, lessees and contractors in the constructing oZ ea id underground sai,,Atary force zmain and other necessary appurtenances as herein described. G. To grade the right of way and easement, removing all excess.dirt and 6enerally doing all things required to place the property in xelatively saf''Iee as it was p0or to ex- =Mlon with the exceptica that SeCond party Shall have the to WMAVO =6081 brusn ana uncergrawtn tbaz mould jnze= fere the cons trixltion, 01JerW01:1-Ot" dnd MAntenance of eald UnklerarotmV,"'I 1.7,"c',,,rca 1,14 WIVUESS , Mail A. Place and Helen place, hus- band aud W"fel Robert " Place and Beve&Y PlaCe, husband and a',,,zx%d J- �MKCMPTY A03t Wad Amt, hasband and WIM, and the MWAPal City of South Bend, Indiana have hereunto set their hands and seals the day and Year first Move written. By, Place Helen Place IRobert B. Place Beverly Place Robert J. Ducomb I SECOND PARTY. FIRST PARTIES. "Aft STATE OF IMMANA votary PUW AV Conmission Expires: SRAITE OF )SM C(IXTINTY OF Before me, the undersigned, a wary Public, in and Ror said County and State, personally appearod, J. Henry Akkmat and J'anet Amt, husband and wife, and acknowledged the execution of the Zoregoing Agreement of Easement to be their voluntary act nad tided, for the puxpose therein mentioned. am 11 va—I Wag= IMMW M �M= M M 1=7 Before Ole, the mdersi3necl,, in r4otary public, "in "a'nd" 0 , T sal -el County mad State, persorlally app,_,are"%d Jnmes A. B:Lvkc'Isj Lloycl Taylort 7n a,wJ. r1h.,nII)ers of tl,4e Doar:a 0j: E"dlAic Works ,id Safet, y Of the City of Soutla Belad, ladi, Who T ;ed the execution of the fmvegaimg, Agreemaeut of G,Iadkno, wl e d�, Easaymeant to 'be voluntary acic and dead, og say Cil-y Witness a hazad ,,and seal I:Jjjs &�,a 7� 1 196 Jeannette B. rack- A56-`Ii:� My comaission Eacplraa.. Fabruavy 15, 1970.