HomeMy WebLinkAbout#439- Deed; St. Joseph County Airport propertyBOARD OF AVIATION COMMISSIONERS
ST. JOSEPH COUNTY AIRPORT SOUTH BEND. INDIANA
C. W. DUKE. MANAGER PHONE .3-3193
ERT McGANN. PRESIDENT DANIELL. WARREN, SECRETARY
COT WASHINGTON AVENUE MAR -MAIN ARMS APARTMZNT
PH E. JONES, VICE-PRaSIOCNT H. C. BROTHERSON, MEMBER
ATIONAL BANK BUILDING 1719 X. WAYNX STREET
September 15, 1950
'hr. Frederick K. 13aer, City Attorney,
Ci ty Hal 1,
South -tend, Indiana
Dear i,r. Baer.
Enclosed are three executed copies of the Supple-
mental Agreement pertaining to easement, recently approved and
signed by the Board of Aviation ComrTtissioners of St. Joseph
11 o un ty , Indiana.
-
should appreciate receiving two copies of the
Supplemental Agreement after they have been executed by your
Board.
Lany thanks for your cooperation in this matter., and
best regards.
Very true yours,
C. W. Duke, Airport F,aznager.
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'Of U10" 17VITUOR ea thertv,,. to be
4& " rothe ' 'Irtld s, heav-tom" er"` t)y r"I'1 ra mils, kVllowe«
G�✓ ,aea to tt,e � P1V A°���db�� � fh�i � U,%'e��"f�f��rf� ✓ Sri n �
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A VIII
-The Boa 01
hereby QjY
11 no tfter' thO BODWIVe date of two
11 lease I, Thmem (3) WO R mueh3,, together udth Certain
and rnntdy thP QUY tZecm,�,nect-
VVEDIOX=r✓ 1U7 and npqz.Y,teruVuu-C,
ZICCOSS r1r;lIts tind prhiflegres,
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all as d,�,scx'ibed b((,,LIu,, SO -VI lftze zaud,/
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131, ''//"g/,/ I a, pm '� 5,/M',//,O&
22M
"ellmiLru xw EN
entit ad "Pi Propased,Airporf; Well Field", dated
M,/rveljjr"x�,ber 19),159, ;,Atu�,zzchod hereto tu,,�d made �ux,?,,, Integral paxt of thim
sho-tva the loctxtionz of tlie 'Three (3) well siteo, pro-
posed writer supply, mains and related faeffiftes, romcls to I)e
m,wticacteird by the City, otltex 1,pez,-Hnmmt c1ruttza, ar,,; genera,,Ily
agreed navl the hereto.
2. Vieli Sih,�as - the flit ee (3) ,vc,Al sftee�, my,
kn y,�&. j
tile t"r,"""Ct uf :uAy
'Ir Ah,�,�rart,
.m.,-z,eJI,Jy iac,�med to the Cay ne Mded awl 1"OB"th descrli',oec
,J,ktree (81) �Ym_rceds of land taIrren frorr� a, potrt of the
One-1va''if (iJ2) cxf tlia EkrAhi,,vest (1,14) of $ecuou
Thirty -eight (38) North, Rroxige Two
04 bounded, as ftillomis;
Well Site DR). 1, 1;)ouxaded by c,,/, line Y.-anning f,,,T_s
fftunlng fort f-I POI.Jat �kPlr,,=Unmtir ly T%, o , uuadx�,ed Seventy-
El
(2 V foot Woret and One Tltousand One kl�,mdred "I"WIvEy'-five (I 135) fesA
Narthectst corner of sold West one-half (1 /2) of the
INOOt two -quarter (1 /4) of Sectin, n Thirty. -three 183) . thence runAn
ril FI;
Wbot Two Rundred (200) feet, thence Soutilt Ttum fluridred (2DO) 'Fe'et
tbOnca 11."nat Tvto Hundred (200) foot, thence North Two Rund/red ('200)
feet to Uu; ;Amce of beg'Inninggg" contairlitig Ninety-two One, Hund edths
(C. 911) of an acre,
And Also:
Oil 181tO K0. 2, twunded iby vi lizrm VII'mir"kgg as
Boglnrdng at a point 1"W D, AutW"rod"r
"'brot
A
Ot Mat 401 00,vomo, 8, J0,44, r
p"A"'I"ll'b "gat, 0",Praoz, 0"1, ald,
i Yer (1/4) of Sectima A
West Sixty, O"'M fi,,-et, the,rAce So,,jth Forty (40) halut" t"110110e., "'Bars t
feet", thence North Iftrty (40) feet Q the Pitice of btLgianing.
containing Six C)"ne Hundvadths (0.06) ow an tporcy,
-3-
A ud A Imi:
Q11 14HO M. 9, bom.fed by
raacdry' aPDaIrka "It 0 Palt Two
'Y
West one-half Amt SuMh c0riloz, Of id
Ui tile
3. vhl-m.ter 1k) hereb,-y L to tile City tlxra, ze �1'1, 1-11, "'ems 77002 ozV1.
ance f.:A�, and stto,,1ur, cm tile
Imear Ant uf Wmer noon ex5n&qV, westactral, "OVe,11 Site No. 3,;
I , 4fol't') Loot of ter
U"Lelace 10 of, UMCOM May "West; rind 011m,001nately,
200 linear feet of woter nmin rd
No. 1,
, � " t 1,1.1 11
4, Access it"
the My, for the dumHun uf the naw won Ate leame, the light
trucrt , rf,,nintat:,a and ante uoe of gravel necess mzd s2�,ch
areas Oct ally be b, fl"Ae cit"'y" fo.r Con -
Mucus access to the Three (3) oell aRes a for necesmary can-
structlan work, mc,"I'Lutenanoe �,uad repal.'r, of the proposed,�,,rattar
wells and
ARTICL J.U,,
&A PYJI Conm,aqtkqn 7 The City mgrees
to
e for the ufu�,,, of 1"he 8"t. ji",seph,
cou'mxty a, raevr vrater au,prjly crmmacuova on-
siatin"g, 1, 300 linear Set of 8" cak Iron mak,
dlf.,40rirge headler to the existittg,
th'a tm,,2r curt.
6 RTICLE IV
and A
agroe
-- Tho Board and the,
TKUHUR. on McMinn; 00200:1 '.],Pho Do,,,�krd
mcvees that almy an
hirDOX.*t prop),erty
r' Unerc,,tr feet "of rmy of the
le-k-prowl jou"O, pipe with
of sAyS cast 1-t I d1U<!reRnce in the cost
L are
' coo
Sewora , but coy I'M t of vitr.lfled clay
ror ttmze W., 20c,"', foot Of the wella,
„,
9 11ar/ r / tr,'va t1 i ✓u r/ ^
to �r,���ep the lc,�ro�'e CM loll ^,wP„h.s ���, ,vu,�,� i ,� , G1G�, b „S„ oC weade, ,,`°r,Af.J,sI,,r
rind laose l/yate la is of sn"y . ..,!!IIt; all .."��a.; ua u_,I ,'�, ` 1! � ao �J� �r�k� J6� the
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"unto ,uet their
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EA"EMENT
13
THIS INDI�,'MTUHE VLLTME,5,SETII, that thn BOARD OF AVIA]ION
COU1,11y, r.NJ.IANA, hercinafter called
Grantor, for -end in consider aLion of Illell szri of ONE WLLARp
receipt of which is hereby acknowledged, does hereby grant, quit
claim and convey unto the CITY hATER iojiKS OF �o UTH FEND, INDIANA,
hereinafter called Grantee, an easement and ritflt of way to construct,
operate, control, maintain, reconstruct and remove a gravel wall type
well.1 well house and Pipe line to be used for the transrAssion of
water upon and across the foll=.ng described real estate located in
St. Jose -ph County, State of indiana, to -Wit:
A parcel of land in the 'I'Vest one --half of the
-Y
Soutbw,,,,,�t one -quarter of SSectionthirt -tI"ree
(33), Township thirty-cLght (38) North, Range two
(2) East, bounded by the f ollowing described lines:
Beginning at ,,.i point, on the,,s Northerly right-of-way
line of Lincoln Hig 1 #)way th,,,,)t is two hundredsixty-
six and fifty-tvc, !-iurt6redths (266.52) feet North-
westerly from the intersection of said Northerly
right-of-v,4ay line vii-th the East line of the West
one-half (i* one -quarter CD of
,��) of the Sojithyc�st one-q
Section thirty-three (33), Township thirty-eight
(36) north, Range two (2) East; thence Northwest-
erly, along the said Nor-alerly right-of-way line of
Lincoln -Highway, @ distance of four hundred thirty-
four and fourteen hundredths (434.114) feet; thence
right (North) sixty-seven degrees, seven minutes,
and thirty seconds (670-07-'30"), a distance of six
hundred fifty-one and twenty-one hundredths (651.21)
feet; thence rijit one hundred twelve degree-, - fifty-
r, ,21
two minutes and thirty seconds (1120-5b -30 7. a
distance of four hundred thirty-four and fourteen
hundredths (11.3401b) feet; thence right sixty-seven
degrees, seven minutes, and 'thirty s eco,nds (670-07'-30")
a distance of sixhundred fifty-one and twenty-one
hundredths (651�21) feet to the point of beginning.
Except therefrom a strip of land two hundred (200)
feet in width, measured perpendicular to tile Northerly
right-of-way line of Lincoln Highway, off of and from
the entire length of the Southerly side thereof.
in the: event the Grantee shall fail to construct said well.0
well house or water pipe line, construction of which is now contemplated,
or having constructed the same shall hereafter abandon or remove said
-2-
vell, Yvell house or pipe line, the C,isemelYt, and right-of-way hereby
granted shall then and thereupon terriji.nate, provided that the Grantee
sh@11 have a re"'4'son'able W.Nie, nithin vjimcli t/,) ana remove said
Ive_11 hcnis& and p1pe from the -ak--nwe described Preudse--s.
The Grantee pj�omises and agrees that said pipe line shall be
buried to as depth of not less than three (3) feet, and that the power
for the operation of said well shall be supplied through power lines
placed underground.
The Grantee further prorii-ses and agrees to index-,nify -and
save harinlTss the said Gr,�,ntor from and against all claims, demands,
actions or causes of action that may be, hereaf i-,er msde or prosecuted
aga-inst it or, agaains-l; !,,t, ea.11t iny oshear person, firrri. or coi,,,poi.-n f:,-Lon for
property din age or personal injiiries or de,)th arising out, of , or by
ra,ason of, or reslalUng frarli the, iris tail 1'I cc)nst-�,-ucLl on, operation
and maintenance of s,,iid well candt wa,.ter 1+1pe -.Une.
IN u`�ITNES�,'; VIIEHEOJY� the, above Gi-r,'.;nLor has caused. thic
instrument to be execuLtk in duplicate c-iiinterparts, each of vJ)ich
shall, be de.,,,rmd an original, by 1.ts President, attested by its
Secretaxy, and its seal t) be affLxed this L2 -r�ay of Dcl,;ober, 1949,
BOARD OF AVUICON CWdAISa[()NERS 01"
811, J U", t�:±,H 0) TINY y I HP I XNA
a
"e"
ZN
mox M, PAGE
) wa}:
Sfa JOwi.Gi='J;3' CUUN"CY } r
Before me, a Notary, Public: within and for said County and
State,, on this day of October, 19119, came Albert McGann and
Daniel L. Warren, personally known to me to be President and Secretary
respectively of the Board of Aviation Commissioners of at. Jost -ph
County, Indiana., mho in the name and on behalf of said 'Board acknowledged
the execution of the foregoing instrument to be its voluntary act and
deed for the uses and purposes therein set forth„
"4ITNESS my hand and official seal.
Notary- Public
My commission expires:
V t — It — 5 2 ----
-K K. BAER
ON COUNSEL
CITY OF SOUTH BEND
DEPARTMENT OF LAW
SOUTH SEND, INDIANA
October 20, 1949
City Water Works of South Bend
224 North Main St,
South Bend, Indiana
Gentlemen:
zasement executed by
—VCxx",,T'ar- Aviation Commissioners of St. Joseph
County, Indiana, to the Water Works for the right to
construct and operate a well at the St. Joseph County
Airport.
Very truly yours,
Frederick K. Baer
Corporation Counsel
FKB: mr
Enclosure
zxceyu
feet in width, measured perpendicular to the Northerly
right-of-way line of Lincoln Highway, off of and from
the entire length of the Southerly side thereof.
In the event the Grantee shall fail to construct said well,
well house or water pipe line, construction of which is now contemplated,
or having constructed the same shall hereafter abandon or remove said
E A S E M E N T
THIS INDENTURE WITNESSETH, that the BOARD OF AVIATION
COMMISSIONERS OF ST. JOSEF'H COUNTY, INDIANA, hereinafter called Grantor,
which is hereby acknowledged, does hereby grant, quit claim and convey
unto the. CITY WATER WORKS OF SOUTH BEND, INDIANA, hereinafter called
Grantee, an easement and right-of-way to construct, operate, control,
maintain, reconstruct and remove a gravel wall type well, well house and
pipe line to be used for the transmission of water upon and across the
following described real estate located in St. Joseph County, State of
Indiana, to -wit:
A parcel of land in the West one-half (2) of the
i
�) of Section thirty-three
one -quarter (4 three
(33), Township thirty-eight (38) North, Range two
(2) East, bounded by the following described lines:
Beginning at a point on the Northerly right-oE'-way
line of Lincoln Highway that is two hundred sixty-
six and fifty-two hundredths (266.52) feet North- r.
westerly from the intersection of said Northerly
right-of-way line with the East line of the West 1
one-half (2) of the Southwest one -quarter (1) of V
Section thirty-three (33), Township thirty-eight
(38) North, Range two (2) East; thence Northwest-
erly, along the said Northerly right-of-way line of
Lincoln Highway, a distance of four hundred thirty-
four and fourteen hundredths (434.14) feet; thence
right (North) sixty-seven degrees, seven minutes,
and thirty seconds (670-07'-301% a distance of six
hundred fifty-one and twenty-one hundredths (651.21)
feet; thence right one hundred twelve degrees, fifty-
two minutes and thirty seconds (1120-52'-30"), a
distance of four hundred thirty-four and fourteen
hundredths (434.14) feet; thence right sixty-seven
degrees, seven minutes, and thirty seconds (670-07-30"),
a distance of six hundred fifty-one and twenty-one
hundredths (651.21) feet to the paint of beginning.
Except therefrom a strip of land two hundred (200)
feet in width, measured perpendicular to the Northerly
right-of-way line of Lincoln Highway, off of and from
the entire length of the Southerly side thereof.
In the event the Grantee shall fail to construct said well,
well house or water pipe line, construction of which is now contemplated,
or having constructed the same shall hereafter abandon or remove said
i
we11, well house or pipe line, the easement and right-of-way hereby
j
f
granted shall then and thereupon terminate, provided that the Grantee
"M
shall have a reasonable time within which to withdraw and remove said
f'
well house and pipe from the above described premises.
J �/l
fi
The Grantee promises and agrees that said
p g pipe line shall be
:buriedto a.. depth of not 3.oss than Uhree ( 7 ` rep't, ^a a that, the power -.
for the operation of said well shall be supplied power ower lines
g
placed underground,
PEThe
Grantee further promises and agrees to indemnify and save
M",-
harmless the said Grantor from and against all claims, demands, actions
/
�'
or causes of action that may be hereafter made or prosecuted against it
or against it and any other person, firm or corporation for property
damage or personal injuries or death arising out of, or by reason of,
or resulting from the installation, construction, operation and mainten-
ance of said well and water pipe line,
IN WITNESS WHEREOF, the above named Grantor has caused this
instrument to be executed in duplicate counterparts, each of which shall
be deemed an original, by its President, attested by its Secretary, and
its seal to be affixed this 1,�7r� day of October, 1949.
4/1 1
BOARD OF AVIATION COMISSIONERS OF
ST. JOSEPH COUNTY, INDIANA
,f
�//
��/iii
l
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY
Before me, a Notary Public within and for said County and
State, on this _Z,�i� day of October, 19450, came Albert W. mcoann and
J Daniel L. Warren, personally known to me to be President and Secretary
respectively of the Board of Aviation Commissioners of St. Joseph
�r
County, Indiana, Rio in the name and on behalf of said Board acknowledged
the execution of the foregoing instrument to be its voluntary act and
deed for the uses and purposes therein set forth.
j! WITNESS my hand and official seal.
Notary Public
My commission expires:
SUPPLEMENTAL AGREDAENT PERTAINING TO EASENUT
TIUS INDENTURE hITNESSREH, That
ME AS, on October 10, 1949 the BOAPW OF AUATI014 COIULSSSIONIMS OF ST.
maintain, reconstruct and remove a gravel wall type well, well house and pipe
line at and on St. Joseph County Airport; and
1111d is� 'the instrumeat creating such easemmt expressly provided "that
the power for the operation of S21d ivell shall be supplied through power lines
placed underground"; and
VIVRER&kS, said easement has been accepted lZr -Lhe grantee and a part of
the construction peraOtted I-Tj instrument of easement completed; and
TIIHERIAS9 the grantee has requested perad.ssion temporarily to use overhead
power for the operation of said viell;
OQ'r , THEREFORE , said Board of
City of South Bend, acting by and 'airouei its City �Vater 'Norks, do hereby
mutually promise, covenant and agree as follows:
First: The grantee is here1V temporarily excused from king underground
the electric power lines for the operation of said well and temporarily permitted
to supply power for the operation of said well by lines above ground.
Second: If and when the Civil Aeronautics Administration shall require
that such overhead power lines be removed, then within sixty (60) days after
receipt of written notice to that effect given by said Board of Aviation
Conmissioners to said Municipal City of South Bend, the latter and its Water
Works, at the expense of said City, shall remove such overhead power lines and
suo-o'orting structures and place underground the power lines for the operation of
Raid well
Third: This agreement shall be supplemental to said instrument of ease-
ment so executed October 10, 1949.
' wal emna o"mr
VIMI 0w" inst-runrientrLUVI-es have caused
,Ls ins;ruiierit to be G,'-xeGUtC(j i-a d-Liplicete eacll of wUch shall
b,e deemed an original, bheir rcspacvc a),,Iy ,,),-vt�Lor.Lzed representati-ves,
BOAI.,'LD 0 F AVI A il 0�4 CUNUL S (31 014L�RS OF
ST. jOSEjjj 111DIAMA
Albert ll,cGarlyj, 'reside nt
Attest.,
Socret"",Lry
INDIMil.
AND ITS,
SUPPLEMENTAL AGREEMENT PEKAINING T3 BASEMENT
THIS INDENTURE WITNESSETH, That
n v__ in iMo ONa�-RnARD OF AVTATION COMMISa510MURS'01.r'"r,`l'
„o Cv".G".ti 4AT'R CORKS an easement and right of way to construct, operate, control,
maintain, reconstruct and remove a gravel wall type well, well house and pipe
line at and on St. Joseph County Airport, and
6VHERI:J S, the instrument creating such easempmt expressly provided 'that
the power for the operation of said well shall be supplied through power lines
placed underground`, and
I -Lk RLAS, saira. easement sement has been accepted by the grantee and a part of
the construction permitted by instrument of easement completed, and
tili R1,%30 the grantee has requested permission temporarily to use overhead
power for the operation of said well;
NOW; YHERBIORE, said Board of Aviation 'Commissioners and said Muni c ipal
Gity of South Bend, acting by and through its City later Works, do hereby
mutually promise, covenant and agree as .follows:
First; The grantee is hereby temporarily excused .from tla,cing underground
the electric power lanes for the operation of said well and temporarily permitted
to supply power for the operation of said well by lines above ;round,
Second: If and when tha Civil Aeronautics Administration shall require
that such overhead power lines be removed, then within sixty (60) days after
receipt of twritten notice to that effect given by said Board of Aviation
Gommissioners to said Municipal. City of South Bend, the latter and its Water
Works, at the expense of said City, shall remove such overhead power lines and
supporting structures and place underground the power lines .for the operation of
said well.
Third: This agreement shall be supplemental to said instrument of ease—
ment so executed October 10, 1949.
IN 41 LMISS *I-EREOF) said governmental instrumentalities have caused
this instivriont to be executed in duPlicate counterparts, each of 'which shall
Attest:
Secretary
Attest:
City Clerk
BOARD OF AViA'11014 CO1'JhISSIONERS OF'
ST. JOSEPH COUNIl, IgDlkqA
Albert 1"c0ann, President
LUNICIPAL G1 ff OF SOTITH BEND, INDIANA
AND ITS 14RTEH 'vvURKS
By
Duly Authorized Representative
SUPPLEMENTAL AGREEMENT PERTAINING '10 EASEMENT
THIS INDENTURE ViITNESSETH, That
WHEREAS, on October 10, 1949 the BOARD or, AVIATION 00=SSIONERS OF ST.
WMW���/'wAwAu wu.K&b an easemen-o sna risnr, ox way co consurum', operaue, 001IFrox,
maintain, reconstruct and remove a gravel -wall type well, well house and pipe
line at and on St. Joseph County Airport; and
VoWEREAS, the instrument creating such 6aaemont expressly provided "that
the power for the operation of said well shall be supplied through power lines
placed underground"; and
WHEREAS, said easement has been accepted by the grantee and a part of
the construction permitted by instrument of easement completed; and
�VHEREAS, the grantee has requested permission temporarily to use overhead
power for the operation of said well;
NOW, 114MEFORE, said Board of Aviation Commissioners and said Municipal
City of South Bend, acting by and through its City eater Works, do hereby
mutually promise, covenant and agree as follows.
First: The grantee is hereby temporarily excused from Pacing underground
the electric povier lines for the operation of said vell and temporarily permitted
to supply power for the operation of said well by lines above ground.
Second: If and when the Civil Aeronautics Administration shall require
that such overhead power lines be removed, then within sixty (60) days after
receipt of written notice to that effect given by said Board of Aviation
Commissioners to said Alunicipal City of South Bend, the latter and its 'Water
Works, at the expense of said City, shall remove such overhead power lines and
supporting structures and place underground the power lines for the operation of
said well.
Third- This agreement shall be supplemental to said instrument of ease—
ment so executed October 10, 1949.
i
IN :°JI': aLN SS villl+h"DOP, said governmental instrumentalities have caused
Jf this instrument to be executed in duplicate counterparts, each of which shall
be learned an oxiga.nal, bdr
their respective duly" authorized representatives,
„ay or September, 1950.
BOARD OF AVIA"iI.ON G01,JIlCSSIONERS OF
ST. JOSEPH COUNTY, INDIANA
Attest: Albert 11cGsnn, President
ecretsry
LdUNICIPA`i, G[''Y OF SOUTH BEND, IPqakMA
AND ITS WATER WORKS
Attest: Duly Authorized Representative
CLty Clerk