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Home My WebLink About#756- Deed; agreement of easement - From Association to City of South Bend-10' easement located 5' on each side of the as-built water mains;ASEMF,NT "Ne�ppyayy iim A ten (10) foot easement lo( (5) feet on each side of the bcc I � 11 m 1: 1 q F,AG E 0 RD E R PLEASE NOTE: PLAN DATED AUGUST 26, 1974 IS ON THE SHELF IN THE VAULT. 0 BEL hereinafter nd, Indiana, )ther good and including iend, Indiana, and of the mutual conditions and promises hereinafter stated, First Party does hereby grant to Second Party to have and to hold a Ten (10) Feet easement located Five (5) Feet on each side of the as -built water mains as shown on the attached plan dated August 26, 1974, with the right, privilege and authority of the Second Party, its assigns, lessees and contractors to operate and main- tain a water main and other necessary appurtenances thereto, on said property being situated in St. Joseph County, Indiana,,, and being described in the annexed Exhibit "C". First Party does hereby convenant that it is lawfully seised and possessed of the real estate described. SECOND PARTY AGREES: A. To maintain the water mains and necessary appurtenances in a work- manlike manner so as not to interfere with the use to the First Party of buildings and properties not herein described. B. 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, it assigns, lessees, and contractors in the maintenance of said water main and other necessary appurtenances as herein described. C. To grade the 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 brush and undergrowth that would interfere with the operation, and maintenance of said water main. First Party reserves the right to construct buildings and structures across the easement herein granted, provided however, that there shall not be a weight bearing wall within the easement which would exert pressure or weight on 'AGREEMENT OF EASEMENT 7. ., THIS AGREEMENT made and entered into this�'��_day of,ne-To p , 1974, by and between NEW LONDON LAxE CONDOMINIUM ASSOCIATION, hereinafter referred to as First Party, and the Municipal City of South Bend, Indiana,; hereinafter referred to as Second Party. qq/�,q BOOK 79 AGE 104 W I T N E S S E T H T H A T: FOR AND IN CONSIDERATION OF One Dollar ($1.00) and other good and valuable consideration, receipt whereof is hereby acknowledged, 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 Ten (10) Feet easement located Five (5) Feet on each side of the as -built water mains as shown on the attached plan dated August 26, 1974, with the right, privilege and authority of the Second Party, its assigns, lessees and contractors to operate and main- tain a water main and other necessary appurtenances thereto, on said property being situated in St. Joseph County, Indiana-, and being described in the annexed Exhibit "C". First Party does hereby convenant that it is lawfully seised and possessed of the real estate described. SECOND PARTY AGREES; A. To maintain the water mains and necessary appurtenances in a work- manlike manner so as not to interfere with the use to the First Party of buildings and properties not herein described. B. 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, it assigns, lessees, and contractors in the maintenance of said water main and other necessary appurtenances as herein described. C. To grade the 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 brush and undergrowth that would interfere with the operation, and maintenance of said water main. First Party reserves the right to construct buildings and structures across the easement herein granted, provided however, that there shall not be a weight beaxing wall within the easement which would exert pressure or: weight an ."no, /1 Me K'// the water main so that any damage Or interference could be caused with said F water main or other necessary appurtenances. Any Plans calling for the construction of buildings Or structures which would cross the easement shall be submitted to the City Engineer of Second Party for approval of that portion of the buildings and structures that,cross the easement before construction be undertaken. IN WITNESS WHEREOF, NEW LONDON LAKE, CONDOMINIUM ASSOCIATION by the duly authorized Board of Managers and members of the Board of Public Works haveI hereunto set their hands and seals the day, month and year first above written. 0Z LU e-- US co L1 STATE OF INDIANA ) ss: ST. JOSEPH COUNTY NEW By_ ASSOCIATION 44-- Earl L. Kime j24 IS Wayne H. Holleman "First Party" MUNICIPAL CITY OF SOUTH BEND, INDIANA BY. 0 I/- James�-�R. Se* z "Second Party"' Before me, a Notary Public in and for such County and State appeared Paul D. Hassp Earl L. Kime and Wayne H. Holleman, known to me to be Board of Managers of NE4l LONDON LAKE CONDOMINIUM ASSOCIATION, on the j.!°day of OcTeaa, 1974, and acknowledged the execution of the above and foregoing instrum to",J)P, their voluntary act and deed on behalf of such Association. )Ja,es E. Gilchrist My Commission expires: November 10, 1974 Bonn 795 105, st jolt PH 00, ImbumA F ptDec 10 13 AN If BOOK �%/��f sa c E IN 7