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Home My WebLink About#550- Deed; Easement - north shore woods one to city of south bendAGREEMLNT Or EASEMENT. �. / _, 1971, by and between North Shore Woods One, an ndiinE limited partnership, hereinafter referred to as First Party, and the Municipal City of South Bend, Indiana, hereinafter referred to as -the Second Party. W I T N E S S E T T-I T H A T: FOR AND IN CONSIDERATION of One Dollar ($1.00) and other consideration, including but not limited to the acceptance hereof by .the City of South fiend, Indiana, and of the mutual conditions and covenants hereinafter stated, said First Party sloes hereby grant, bargain, sell, convey and warrant to Second Parity -to have i 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, it any time that it may see :fit, under, along, through, and across the property awaaed by ri„rs-t P- 'ty, s.tuaLcd in St. Joseph County, Indiana, said right of way and easement being described as :follows: ,.KS w X» v IA itiK f'F10E r; T 740 FA GE 6 K kv An easement over and across a 'tract of land in -the SE V1 See. 35, T38N, R2E, Portage Township, St. Joseph County, Indiana. Said easement to be 7.5 feet either side of a line more particularly des- cribed as follows: Beginning at a point on "the south line of said See - Lion 35 at a point 72.LI21 east of the east line of the St. Joseph River; said point being also described as on the north R.O.W. line of the Penn Central Rail- pr I a I p osed-eh-trance street into _forth Share Woods, all as shown on the plans oil said development prepared by Clyde E. Williams and Associates, Inc.; thence N 10027100"E parallel and 121 easterly of the centerline of said proposed entrance street a distance of 50.94' -to the PC of a 189.042' radius curve to the right; thence on and along said 189.0421 radius curve to the right -through a central angle, of 88020'00" a chord distance of 263.431, a chord bearing of N54-037'00" E an are distance of 291..LI.51 -to the P.T. of said curve; -thence S81013100"E a distance of 82.66' to a junction point with the centerline of a 15' easement from -the north, said point designated. as "Junction Point No. 1"; thence continuing on the aforesaid bearing of S81013'00" E a distance of 39.50' to the P.C. of a L1.33.1-181 radius curve -to the right; thence on and along said L1-33.LW radius curve to the right Lhrough a central angle of 22010'00" a chord distance of 166.661, a chord bearing of S 70108'00"E, an arc: distance a:[-.' 167.706 feet to the P.T. of said curve; thence S 59103'00"E a distance of 33.001 to the P.C. of a 3L[J.311 radius curve to the leff; thence on and along said 341.311 radius curve to the left -through a central angle of 30036'10", a chord distance of 180.15', a chord bearing of S 74021'05'T' an are distance of 182.313 feet to a point on curve and the junction point with the centerline of a 151 easement from the north, said point designated as "Junction Point No. 2"; -thence continuing on and along said 31[1..'� .1' radius curve to the left through a centeral angle of 9123'50i' a chord distance of 55.921, a chord bearing of N85038'55"E, an are distance of 55.97' -to the P, T. of said curve; -thence N80057 '00"E a distance of 78.00' to the P.C. of a 266.811 radius curve to the left; -thence on and along said 266.811 radius curve to -the left through a central angle at 2140LI,3'04", a chord distance of 114.21' a chord bearing of N68035128"E an are distance of 115. ]_OLti I to a P.O. C. ; thence SLI-201-1-9 130 "E a distance of 59.0' more or less -to -the northerly R.O.W. of the aforesaid Pei -in Central Railroad. Also, 7 1/2 feet either side of a line described as follows: Beginning at the point designated "Junction Point No. I" above; -thence N8O1-I-7'00"E a distance of 129.08' to the P.C. of a 366_LI7' radius curve to the right; thence on and along said 366.4-7' radius curve through a central angle of 19000T 00" a chord length of 120.97', a chord 2 bearing of N1.8016'58"E, an are distance of 121.53' 'to the P.T. oF said eni.-ve; thence N 271LI-7 '00"L, a distance of 120. 00' ; thence N73c)27 112 'IF, a distance of 106.70 thence N2101-18 '05 'If-', a distance of 59. 2LI I -, thence N12057 1 35 1']-, a distance of 10 5. 25 1 ; thence NGJ1lLj '44 "E, a distance of 222J1.3' t(:) a j�unction point with the centerline of a 15' easement to the north, said point designated as "Junction Point No. 3", thence S6101.2'58"E a d-istance of 128,.211; thence S29057'02"W a distance of 156.001 to a P.O.C. on a 31.7.06' radius curve to the J*_)j —, "'r-1 V1,r _icl 3,17-061 %xelii.xzs c ,ve -, to -the rigl-it tbrough a central angle of 27030W", a chord leng-Hi of 150.72 a chord bearing of 932042700"W, an are length of 156.12 to Lhe ]?.T. of said curve; tl-ieree S26027'00"W a distance of 92.001 -to -the P.C. of a 379.6Lf.T radius curve 'to the left; -thence on and along said 379.64' radius curve to the left throug1i a central angle of 230301, a chord distance of 15LI.62' a chord bearing of SJL[01[2'00"W an are distance of 155.717; thence S 20'57'00"W a distance of 222.651 to a point on the centerline of a 15' easement; said point referred to previously as "Junction Point No. 2". Also, 7 1/2 feet either side of a line desevibed as follows: Beginning at the point designated "Junction Point No. 3" above; thence N29057 I 02"F', a distance ol:' 160. OOT. First Party does hereby covenant -that it is lawfully seised and possessed of the real estate dosex,ibed '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 ixistall the same and the miscellaneous appurtenances and -to place said water main pipe and the excavated dirt on either side of said casement only during the period of construction. SECOND PARTY AGREES: A. To construct the water main arind, neo(-.qsav_v anymirtonances in a workmanlike manner as expeclitiously as possible so as not to interfere with the use Lo the rirsL Party of buildixigs and Properties not herein described. B. To indemnify and hold harmless first Party of any cost, damages, suits, cla:Ims arid judgments of any and all kind and nature 00 K 746 PACE by reason of any action taken, thing done or., work performed by Second Party, its assigns, lessees, and contractors in the constructing of 1 0 as herein described. said water main and other, necessary appurLenan es C. To grade the right of way and easement, removing all excess dirt and generally doing all -things required to place -the tion 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, provided however, that -there shall not be a weight bearing wall within the right of way and easement which would exert pressure or weight on the water main so that any damage or interference could be caused. with said 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 shall be submitted to -the City Engineer of Second Party for approval of that portion of the buildings and structures that cross -the right of way and easement before construction be undertaken. -IN W*ITNESS WHEREOF, Joel Bullard and Richard M. Hodson, constituting all of -the general partners of such Indiana limited partnership, I -lave hereunto set their hands and seals the day and year first above written. NORTH SHORE [FOODS 0 AN Ib,D.'EAN,,,A LIMITI]�MRTNERSHIP By '_�c oel Bullard By 4 MUNICIPAL CITY Or SOUTH BEND, By"7"' S. Tay James A. B,,�kel STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, -the undersigned, a Notary Public, in and for said County and State, personally appeared Joel Bullard and Richard M. Hodson constituting all of the general partners of North Shore Woods One, an Indiana limited partnership, and acknowledged on its behalf -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 ti-lis 6th day 0A July 1971. 7-- 1�Fy. commission V expires: �Foseph A. Rop4r, Notary Public. November 25, 1974 STATE OF INDIANA )SS: ST. JOSEPH COUNTY ) Before me, -the undersigned, a Notary Public, in and for said County and State, personally appeared James A. Bickel, Lloyd S. Taylor, Shepard J. Crumpacker, 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 �4an d deed of said City. jj" witness my hand and seal -this 6th: day of July 1971. y« <<»\ \5 � .. .. .� . ... « .. . . .� \ D. \ E