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Home My WebLink About#483- Deed; Easement along portage highway for sanitary and storm sewersAGREEMENT OF EASEMENT THIS AGREEMENT made and entered into this 3C) iA day of ll?,Q Ji 1968, by and between Amy M. Kizer and William 0. Kizer, her husband, herein- after referred' to as "First Parties," and the Municipal City of South Bend, Indiana, hereinafter referred to as "Second Party," W I T N E SSETH, That For and in consideration of One Dollar ($1.00), in hand td First Parties by Second Party, and of the mutual conditions and covenants hereinafter stated, said First Parties do hereby grant, bargain, sell, con- vey and warrant to Second Party, its successors and assigns, 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 an underground sanitary force main and other necessary appurtenances thereto, including the per- petual 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 hereinafter described, which is located within the boundaries 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 located in the north half of the northwest quarter of Section 27, Township 38, North, Range Two (2) east, St. Joseph County, Indiana, and described as follows: Commencing on the center line of Portage Highway at its inter- section with a line drawn parallel to and distant 150 feet southerly of, measured on a line normal to the center line of the Indiana east -west Toll Road, as shown by,tbb plat recorded in St. Joseph County Map Records; thence southeasterly along said center line of Portage Highway from its intersection with the said Toll Road center line a distance of one hundred sixty three and eight tenths (163.8) feet, more or less, to the point of be- ginning; thence northeasterly a distance of 80 feet more or less, adjacent to and five (5) feet southerly of the Indiana east -west Toll Road right of way fence, to the east property line of the grantor, said point being on a property line fence separating the parcel over which, the herein described easement passes, from another parcel owned by the grantors herein, and which latter parcel is described on the records of the Indiana Toll Road Commission of the State of Indiana as Lot 272, and which point is intended to coincide with and be on the center line of a similar easement heretofore granted to the Municipal City of South Bend by the grantors herein. 300K �v�� r��/ ��4� First Parties hereby grant a temporary construct/on easement to & said Second Party, its assigns, lessees and contractors, to use the property with the right of ingress and ogress 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 """cn line of the permanent easement herein - before described and extending eighty (80) feet in length parallel to said permanent easement. Second Party agrees: (a) To construct the underground sanitary force main and necessary appurtenances /n a workmanlike manner as expeditiously as possible. (b) To indemnify 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 /n relatively the same condition as it was prior to excavation with the ex - caption that Second Party shall have the right to remove trees, brush and undergrowth that would interfere with the construction, operation and maintenance of said underground sanitary force main. IN WITNESS WHEREOF, Amy M. Kizer and William 0. Kizer, her husband, and the Municipal City of South Bend' Indiana, have hereunto set their hands C—M ~~ � � == year first above written. 21 William 0. Kizer First 41ties. HVN|C| ^ 'oF'SOVTx ^ � STATE OF INDIANA, ST. JOSEPH COUNTY, SS:., Before me, the undersigned, a notary public in and for said county and state, personally appeared. Amy M. Kizer and William 0. Kizer, her husband, and acknowledged the execution of the foregoing Agreement and Easement to be their voluntary act and deed, for the purpose therein mentioned. .t 1 Mitness my hand and seal this day of 1�!�� 1968. r �1f��'�/1% /y��xF� �ria'':,crJrSv..F Esr .a; Pcnn �xpirr'axs: Notm ry '�Pub18c. '. 011i ,�... / 6 J J �a STATE OF INDIANA, ST. JOOEPH COUNTY, SS: Before me, the undersigned, a notary public in and for said county and state, personally appeared James A. Bickel, 'Lloyd S. Taylor and Arthur W. Frisk, members of the Board of Public Works and Safety of the City of South Bend, Indiana,, who acknowledgedthe execution of the foregoing Agreement and Easement to be the voluntary act and deed of said City. Witness my hand and seal this u zi day of • 1968. Notary Public -,,,,My�-cn i ss ion expires: 4a' BOOK 724 YAGC This instrument was prepared by Robert M. Parker, attorney, 412 Odd Fellow Building, South Bend, Indiana, 46601. ..3-