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Home My WebLink About#440- Deed; Right of easement across lot located at the SW corner of Lexington ave and N.Y.C.R.R. ROWbc,tu, n Gertrude Shenefiel and . arch and, � oldie T"a�t�P� � c ", old the, ojj,tj- � end WiRter Works. August 22, 1960 and f adult age, of St. ,Joseph County, State of Indiana, owner of the legal title of the below described property, Aaron 'Tuttle and Goldie Tutle, husband and wife, of St.. Joseph County, Indiana, contract purchasers of the below described property, hereinafter referred to as the First Parties, and the Municipal City of South Bend, Indiana, hereinafter referred to as the Second Party. WITNESSETH THAT: BOOK FOR AND IN CONSIDERATION of One Dollar ($1.00) in hand. paid to first, parties by second party the receipt of which is G hereby acltnowledged and of the coedit ions here inafter stated, warrant to second party to have and to hold forever, a right-of- way and easement with the right, privilege and authority of second party, its assigns, lessees and contractors to construct,, operate and maintain a water feeder main and other necessary 1 appurtenances thereto, including the perpetual right, to enter upon the property hereinafter described, at any time that it may see I fit, under, along, through, and across the property owned by first' parties and situate in the County of St. ,Joseph, State of Indiana, - 1 1 and described as follows: A right. -of -way and easement Twenty (20) feet, in width and approximately Six Hundred (6001) Feet, in length along the ent. ire Eastside of the fal- r.`� =, lowing described property belonging to first- ;` parties. A part of the East, Half of the South East, Quarter of Section No. 5, Township No. 37 North, Range No. 2 East, described as follows, wiz: Beginning at, the intersection, of the East, c line of the South East Quarter of said Section 17- No. 5, with the Southerly line of the right. of r way of the New York Central Railroad; thence South 600.1 feet; thence West, 990.3 feet, thence North 781.5 feet, to the Southerly line of said railroad; thence Southeasterly along the Southerly 3 line of said New York Central Railroad 1008.3 feet l A temporary construct. Ion 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 pipe and to lay and install the same, and other necessary appurtenances and perform other consfruc+,�.on work necessary in 1-.he laying of said water feeder main, the property be7ng more particularly described as follows: A right-of-way and easement Forty (40) feet, In width and approximately Six Hundred (6001) Feet in length along the entire East side of the fol- lowing described property belonging to the first parties. A part of the East, Half of the South viz* Beginning at the Intersection of the Fast line of the South East Quarter of said Section No. 5, with the Southerly line of the right of way of the New York Central Railroad; thence South 600.1 feet,* +hence West, 990.3 feet, thence North 781.5 feet to the Southerly line of said railroad; thence Southeasterly along the Southerly line of said New York Central Railroad 1008.3 feet to the place of beginning, containing 15.70 acres, more or less. SECOND PARTY AGREES: A. To construct the water feeder main and other neces- sary appurtenances In such a manner as not to interfere at any time with the use of first parties of their buildings and pro- perties not, herein described. B. To indemify and hold harmless first parties of any costs, damages, suits, claims, and judgments of any and all kind and nature by reason of any action taken, thing done or work per- formed by second party, its assigns, lessees, and contractors in the constructing of said water feeder main and other necessary appurtenances as herein described. an 004 �°AGE537 _Z_ C. To grade the easement, removing all excess excavated`. dirt and generally doing all things required to replace the pro- perty 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 uIIdergrov✓t'tx that `would anterier'''e with the construction, operation, and, maintenance of said grater feeder main. 800604 K , First parties reserve the right to construct, a building or buildings across the easement, provided however, that any weight bearing wall shall be properly reinforced so as not to damage or interfere with said water feeder main or other neces- sary appurtenances. IN WITNESS WH!",REUr, Gertrude E. Shene:f'ield, AAron Tuttle and Gold3e Tuttle, husband and wife, and the Municipal City of South Bend have here unto set t7-leSr hands and h ate.., year first above written. f�_d iIndicni�al City of South Bend, �ne�cB,/� Blndia wa.. Aaron Tuttle. Gold ie Tuttle Second Party First. Parties STATE OF IND IANA ) ) SS: ST. JGSEPH COUNTY ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared Aaron Tuttle and Goldie Tuttle, husband and wife, and acknowledged the execution of the foregoing Agreement of Easement to be their voluntary act and s� a red, for the purpose therein mentioned. r5`.`Witness my hand and seal this _ (day of , 1960, 'i �~ N ray 1 P Notary Pub l i s a r , AJ! Commission Expires: '� "I', STATE, OF SS: ODUNTY OF Before me, the undersigned, a Notary Public, in and for said Count.-v and State . Personal 1v r+—A- � . Shenefield and acknowledged the execution of the foregoing Agree- ment of Easement to be her voluntary act and deed, for the pur- pose therein mentioned. / I � A Ylitness my hand and seal this (I day f 0 1 -0 6 0 . Notary Public Commission Expires: 604 5, STATE OF IND IANA 33; ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, in and for said County and State personally appeared Frank J. Bruggner, Ray S. Andrysiak and Irving J. Smith, members of the Board of Publ Works of the City of South Bend, Indiana, who acknowledged the execution of the foregoing Agreement. of Easement to be the volun- tary act and deed of said City. Witness my hand and seal this _ day of 1960. Publ ic� NV Commission Expires: