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HomeMy WebLinkAbout#868- Deed; Easement Agreement - Between Place & Co. & City of South Bend-approved by Board of Public Works 9.15.75 to replace one approved 9.5.74, which was in error.* � .. • .� •a • • 11 • • � s, N, • * • w ., ,� ,� � e � • • • o,, •w • +r • • • s � -� .,, �, � . ,�� _ _ * r� � -_ .. . -• BOOK 806 '�IIA18 AGREEMENT OF EASEMENT THIS AGREEMENT made and entered into this 291;h day of AugUSt 1975 by and between PLACE & COMPANY, INCORPORATED, hereinafter referred to as First Party, and the Municipal City of South Bend, Indiana, hereinafter referred to as Second Party. 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 right of way and easement with the right, privilege and authority of the Second Party, its assigns, lessees and contractors to construct, operate and main- tain a road 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 described as follows: 1�1 LCI*) '6z 19:r CC IZO Ce.) Beginning at a point 270.8 feet east of the northwest corner of the Southeast Quarter of the Southeast Quarter of Section 30, Township 37 North, Range 3 East, as measured along the north line of said quarter -quarter section, this point of beginning being also the northeast corner of the plat of Garden Quarter section "A", thence south 00 01' east 150.0 feet; thence east 14.0 feet; thence north 00 01' west 150.0 feet; thence west 14.0 feet to the point of beginning. authorized officer 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. EASEMENT AGREEMENT, Garden Quarter Sect. "A" Date PLACE & COMPANY, INCORPORATED By Andrew S. Place, President "First Party" MUNICIPAL CITY OF SOUTH BEND, INDIANA By Farrand ;,I—/ I es , v arcome times R. Sei� -z "Second Party" STATE OF INDIANA SS: ST. JOSEPH COUNTY Before me, a Notary Public in and for such County and State, appeared Andrew S. Place, known to me to be President of Place & Company, Incorporated, on the 29th day of August 1 19 75, and acknowledged the execution of the above and foregoing instrument to be his voluntary act and deed on behalf of such 'corporation. Gloria jean Tore ommission Expires: my 14, 1979 n BOOK 800 I'AH'419 BOOK 806 CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gentlemen: I, John A. Muszer - certify that I am Secretary of the Corporation named herein: That Andrew S. Place who signed this agreement was then President of said Corporation. That said agreement is duly signed for and behalf of said Corporation by authorization of the governing body and is within the scope of its' Corporate powers. Cor ration secretary John A. Muszer CORPORATE SEAL: STATE OF INDIANA SS; ST. JOSEPH COUNTY ) Before me, a Notary Public in and for such County and State, appeared John A. Muszer - , known to me to Secretary of Place & Company, Incorporated, on the 29th day of August - 1 19 75 , and acknowledged the execution of the above and foregoing instru- ment to be his voluntary act and deed on behalf of such corporation. My Commission Expires: duly 14. 1979 Gloriacan Moore This agreement is a correction of the agreement recorded September 26, 1974 and found at Book 792 Page 222. i= ACRE QIL EASEMENT THIS AGREEMENT made and entered into this 29.th day of ucJUSt , 1,a75 by and between PLACE: & CtJME'AI! y, INCORPORATED, hereinafter referred to as First Party, and the Municipal City of South Send, Indiana, hereinafter referred to as Second Party. W I T N E S SET H THATz FOR AND IN CONSIDERATION of One Dollar ($1.0) and other good and valuable consideration, receipt whereof is hereby acknowledged, including but not limited to the acceptance 'hereof by the City of South Send, Indiana, and of the mutual conditions and promises hereinafter stated, First Party does hereby grant to Second Party to have and to hold a right of way and easement with the right, privilege and authority of the Second Party, its assigns, lessees and contractors to construct, operate and main- tain a road and other necessary appurtenances thereto, including the right to enter upon the property hereinafter describer) at any time that it may see fit, under, along, through, and across the property owned by First Party, said property being situated in St. Joseph County, Indiana and described as followsz Beginning at a point 270.$ feet east of the northwest corner of the Southeast Quarter of the Southeast Quarter of Section 30, Township 37 North, Range 3 East, as measured along the north line of said quarter -quarter section, this point of beginning being also the northeast l corner of the plat of Garden Quarter Section "A,, % thence south Oo 01' east 150.0 feet,, thence east 14.4 feet; thence north Oo oil west 150.0 felwtt thence west 14.0 feet to the ,paint of bogin ai,rag. , n IN WITNESS 'WHEREOF, Place & Company Incorporated, by o;duly authorized officer 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. EASEMENT AGREEMENT, Garden Quarter Sect, "A" Date PLACE & COMPANY, INCORPORATED By "..,, C..._.._. Andrea S. Place, President "First Party" MUNICIPAL CITY OF SOUTH BEND, IN / J By z E Cr lin E. arrand V fie s V. Barcome mes R. 3t "Second Party" STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, a Notary Public in and for such County and State, appeared Andrew S. Place, known to me to be President of place Company, Incorporated, on the 29t11 day of ALIgUStSt 1�75 an acknowledged the execution of the above and foregoing Instr mea , to be his voluntary act and deed on behalf of such corpor*t 1v4,. ,, Gloria Jena Moore..:.. Ny COMiSSiOn Expires; / /'him or CITY OF SOUTH BEND BOARD OF PU13LIC WORKS Gentlemen: I, _,__ ioM A. Mszer certify that I am Secretary of the Corporation named herein: That At1drevi s. place who signed this agreement was then President of said Corporation. That said agreement is duly signed for and behalf of said Corporation by authorization of the governing body and is within the scope of its' Corporate powers. 'I �ati Secretary N�AA,.&0-0 lolin A. ML�szer CORPORATE SEAL: STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, a Notary Public in and for such County and State, appeared johrr A, Mi.iszer known to me to Secretary of Place & Company, Incorporated, on the 29th day of -LLI-qust and acknowledged the execution of the above and foregoing :nstru- ment to be his voluntary act and deed on behalf of such corporation,, My Commission Expires: —61-o--Ha an Moore This agreement is a correction of the agreement recorded September 26, 1974 and found at Book 792 Page 222. f Appropriation "ra i CN a -- u o ii '7 i j