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HomeMy WebLinkAbout#441- Deed; Water Main - St Joseph County Airport Property" r AGREE MENT OF EASEWENT 0"i'53-N THIS AGREEMENT made and entered into this `may of 1966, by and between the Board of Aviation Commissioners of St. Joseph County, hereinafter referred WITNESSETH THAT: FOR AND IN CONSIDERATION of the mutual conditions and covenants hereinafter stated, said First Party does hereby grant, bargain, sell, convey and warrant to Second Party to have and to hold forever, a perpetual right of way and easement (including the perpetual right of ingress and egress to the property hereinafter described) with the right, privilege and authority of the Second Party, its assigns, Lessees and contractors, to construct, operate and maintain a water 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 the First Party and situate in St. Joseph County, Indiana, said right of way and easement being described as follows: An easement twenty (20) feet in width, lying in the Northwest quarter of Section Thirty-three (33), Township Thirty-eight (38) North, Range Two (2) East, centered on the following described line -- Beginning at a point on the north -south centerline of Section Thirty-three (33), Township Thirty-eight (38) North, Range Two (2) East, that is One Hundred Thirty- four (134) feet north of the center of said Section Thirty-three (33); thence west parallel with the east -west centerline of said Section Thirty-three (33), a distance of Forty-two (42) feet; thence south, parallel with the said north -south centerline of Section Thirty-three (33), a distance of Ninety-three (93) feet, to a point that is Forty-one (41) feet north of the said east -west centerline of Section Thirty-three (33); thence west parallel with said east -west centerline a distance of Sixteen Hundred Six and Six Tenths (1606. 6) feet, thence south along a Line making a deflection angle to the Left of Ninety Degrees and Twenty-five Minutes (90025'), a distance of, Thirteen ffundred Forty-five and "our Tenths (1345. 4) feet, thence west along a line making a deflection angle to the right of Ninety (90) Degrees, a distance of One Hundred Fifty (150) feet. Said water main shall be approximately twelve (12) inches in diameter. First Party does hereby covenant that it is lawfully seised and possessed of the real estate described thereof® Privilege is hereby granted Second Party, its assigns, lessees and contractors to use the ground on either side of the easement herein described of a width sufficient for ingress and egress and to haul the water main pipe and to Lay and install the same and the miscellaneous appurtenances and to place said water main pipe and the excavated dirt on either side of said easement only during the period of construction. SECOND PARTY AGIiEES: A. To assume the repair and maintenance of the existing six inch water main owned by the First Party and located on airport property for that portion of said main beginning at the location of the meter box for the Airport Terminal Building and extending in an easterly direction to the point where said main connects with an existing six inch water main on Sheridan Avenue. -2- Be To allow connection for additional water service by the First Party or by any existing or future tenants of airport property to either the said six inch or twelve inch water inain. C. To construct the water main and necessary appurtenances in a, worKman- like manner as expeditousty as possible s with the use to the First Party of buildings and prope described. D. To indemnify and hold harmless 'First Party, 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 water main and other necessary appurtenances as herein described. B. 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 excavation with the exception that Second Party shall have the right to remove trees, brush and undergrowth that would interfere with the construction, operation and maintenance of said water main. First Party reserves the right to construct buildings and structures across the right of way and easement herein granted, and the six inch main herein referred to, provided, however, that there shall not be a weight bearing wall within the, right of way and easement or constructed over and across said six inch main which would exert pressure or weight on the water main so that any darnage or interference could be caused with the water main or other necessary appurtenances. Any plans calling for the construction of buildings or structures which would cross the right of way and easement or cross the said six inch water main shall be submitted to the City Engineer of Second Partyfor -3- BOOK FACE approval of that portion of the buildings and structures that cross the right of way and easement of said six inch main before construction be undertaken. BOOK First Party agrees that it shall not make any alteration, removal or relocation of the said existing six inch main herein referred out first Submitting plans therefore to the City :engineer of 8ec' and obtaining approv.aL for such alteration, removal, or relocation from the Second Party. For the purpose of enabling the Second Party to maintain and repair the six inch main, provision for which maintenance and repair is contained in this Agreement of Ea.seinent, the First Party does here- by grant, bargain, sell, convey and warrant to Second Party to have and to hold forever, a perpetual right of way and easement (including the perpetual right of ingress and egress to the property hereinafter described) with the right, privilege and authority of the Second Party, its assigns, lessees and contractors, to operate and maintain an existing six inch water main and other necessary appurtenances there- to, 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 Party and situate in St. Joseph County, Indiana, said right of way and easement being described as: Ten (10) feet on either side of said existing six inch water main beginning at the meter box for said six inch water main for the St. Joseph County &i.rport TerminaL Building and extending in an easterly direction to the west property line of Sheridan Avenue. in Daniel L. W'arren, Seocr&fajry MUNICIPAL CITY OF SOUTH BEND, INDIANA I By!f1�" !�—obert J. ;54Comb LLI?YdV TayLor-7-7 ,/ James A.--Bickelj CONSTITUTING ITS BOARD OF PUBLIC WORKS AND SAFETY SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared the Board of Aviation Commissioners of :St. Joseph County by R. Floyd Searer, President and Daniel L. Warren, Secretary, who acknowledged the execution of the foregoing agreement of easement to be the voluntary act and deed of said Board of Aviation Commissioners of St. Joseph PAGE 23 state. - A Witness my hand and seal this --/J 'day cf A L) JP 7- 0 1966. ut F No ary Public FOI;FD MY commission expires: 17 STATE OF INDIANA. SS: ST. JOSEPH COUNTY Before me the undersigned, a Notary Public in and for said County and State, personally appeared Robert J. DuComb, Lloyd S. Taylor and James A. Bickel, members of the Board of Public Works and Safety 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. 0 Vi ess my nand and seal this itn 6 day of 1966. eTlVf Paror, Notary Public My commission expires: January 15, 1970. This instrument was prepared by Robert M. Parker, 412 Odd Feltows Building, South Bend, Indiana.