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Home My WebLink About#745- Deed; agreement of easement - From Bank & Homes-Water Mains on Rose St. and Riverside DrF7 xp��--Tzx " BOOK J,9,3 per 175923 R' 6COR"o scr 7 48 61 "t AGREEM3,1T OF EAMENT i"N A z* THIS AGREL"IENT made and entered into this day of 1973, by and between TRUST NO. 29-5365, FIRST BANK AND TRUST COMPANY OF SOUTH BEND AS TRUSTEE, and RIVERVIEW HOMES, INC. hereinafter collectively referred to as First Party, and the Municipal City of South Bend, Indiana, hereinafter referred to as Second Party. WITN'i'SSETH THAT: FOR AND IN CONSIDERATION or One Dollar ($1.00) and other good and valuable consideration, receipt whereof is hereby acknow- ledged, including but not limited to the acceptance hereof by the City of South Bend, Indiana, and of the mutual conditions and promises hereinafter stated, First Party does hereby grant to Second Party to have and to hold a right of way and easement (including the right of Ingress and egress thereto) 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 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, said property being situated in St. Joseph County, Indiana, and being described in the annexed Exhibit (13". It is understood and agreed that the easement for such water mains and the water mains themselves shall be situated and in- stalled on and in the property described in the annexed Exhibit "B" as shown by red lines on a layout of the ,,"Involved property annexed hereto as Exhibit "Alf. First Party does hereby covenant that, -it is lawfully seized and possessed of the real estate described. Privilege is hereby granted by the7irst Party of the Second Party, its assigns, lessees and contractors to use I on either side of the easement Indicated by red pencil marl annexed Exhibit "A" of a width sufficient for Ingress and ( „,, to haul the water main pipe and to lay and install the same and the miscellaneous appurtenances and to place said water chain pipe and the excavated dirt on either side of said easement only during the period of construction. it is understood and "a0reed that the foregoing constitutes a temporary eaaerent. FirstParty shall expeditiously procure appropriate legal descri �atiMl s o such water main easements as are disclosed over the involved property by red pencil mark in the annexed Exhibit "A” and. thereafter Virst Party shall grant to Second Party a permanent, perpetual easement thereove*r and thereunder, exe- cuted and acknowledged by First ;and Second Parties and otherwise drawn and handled so as to entitle the document to recordation. It is understood that this easement shell be held by the Second Party without recordation until suci permanent easement is executed and delivered to ,second Party by First 'Party. SECOND PARTY AGREES: A. To construct the water mains and necessary appurtenances in a workmanlike manner as expe(litiously as possible so as not to in- terfere with the ).use to the First Party of buildings and properties not herein described. B. To indemnify and hold harmless First tarty of any cost, damages, suits, claims and judgments of any and all irind and nature by reason of any action taken, thin; 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. C. 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 exca- vation with the exception that Second Party shall have the right to remove brush and undergrowth tiaat would interfere with the con- struction, operation, and maintenance of said water main. First Party reserves the right to construct buildings and= structures across the right of 'way 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 FIR F �r7r/71/1177`11 .... 79? 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 con- struction be undertaken. IN WITNESS WHEREOF, TRUST MO. 29-5365, First Bank and Trust Company of South Bend as Trustee, and Riverview liomes, Inc, by their duly authorized officers and all the members of the Board of Public Works have hereunto set their hands and seals the day, month and year first above written. T-RUST 1,10. 29-53G5, FIRST BANX RIVERVIElU HOMIES INC. AHD TRUST C0114PANY OF SOUTH BEND AS TRUSTEE BY—, 4144 t BY Roger Gilcrest, Vic Arnold Golden, President Pre dent and Trust Officer "FIrst Party" MUNICIPAL CITY OF SOUTH BEND, Il NDIANA 11 STATE OF INDIA11A SS: ST. JOSEPH COUITY Before me, a Notary Public in and for said County and State, appeared Roger W. Gilarest, known to me to be the Vice President and Trust Of of First Bank and Trust Company of South Bend, Trustee of Trust No. 29-5365, and Arnold Golden, known to may to be President alm of Riverview Homes, lrsc, on the aY Of September, 1973, and acknowledged the execution of the nbove and foregoing Instrument to be their voluntary ct and deed on- bo .al f rations. Notary Public �',POMI'Assion Expires: BOCK .'1, t,jq -4- LEGAL DESCRIPTION Petitioner - Arnold Golden Project known as - Riverside Court Condominiums nary fu�:l:liy CL LlItf &A-LsLIlly Len (1U) incn water main on Riverside Drive at Rose Street, extend a six (6) inch water main westward along Rose Street, approximately 20 feet south of the centerline of Rose Street, a distance of 440 feet, thence west to be connected to the existing water main at the intersection of Rose Street and Cushing Street, a distance of 135 feet. Also, install a six (6) inch water main starting at the new six (6) inch water main on Rose Street at a point 325 feet west of the point -of -beginning, extend- ing north a distance of 190 feet. Also, install an eight (8) inch water main starting at the point -of -beginning and extending northward along Riverside Drive approximately 20 feet west of the centerline of Riverside Drive, a distance of 50 feet. The total length of water main is 815 feet. I E s I x, i I I I i I EX,STIN6 PFtr'il`f�� ry{}�,j; cOPQ`i`L! MA'Pi ",ov, I ;I DATE REVISION DATE: l REVISION NO. BY M�� BRAWN: V Apo`KE� �`' DEPARTME�r/>, F PUBLIC' Urnc H i t , ,- . .:,.. c G TP,FF GE ATE �Al G�Vt �� r� J✓/['��SE rra L VF f,.1 Y e3FNU G � ti c 7 No, ` pP, PUN' �Pj co L- L,Iv AI r7 f va P.O.E l k' A .� rn OR t ED:IJTING MAIN2 ;NE Z-'FF 1- ur7, %n7 (i7 ZON 7 0 DIVI510N PUBLIC WORKS ❑ CIVIL J1 v ❑ TRAFFIC ll BEND II �C�IANr� � � WATER fi ❑ WASTE WATER �� ❑ N,7