HomeMy WebLinkAbout#899- Deed; Right of Entry Agreement - Betweent Lueneburgs & City of South Bend-right of entry agreement. NW corner of the intersection of Ireland & Ironwood Rds.. . .. . ; � � � � � .
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RIGHT OF ENTRY AGREEMENT
BETWEEN THE CITY OF SOUTH BEND AND NOHL LUENEBURG
WITNESSETH THIS INDENTURE made by and between the City of
South Bend, St. Joseph County, Indiana, hereinafter referred to
as the City, and Nohl Lueneburg and Betty R. Lueneburg, the
owners of real estate located in said county, hereinafter referred
to as the Lueneburgs:
Whereas, the City of South Bend is desirous of reconstructing
Ireland and Ironwood Roads at their intersection by extending
westward on Ireland approximately three thousand fourteen feet
(3014') and northward on Ironwood approximately one thousand five
hundred feet (15001), said construction being designated as
L.R.S.A. Project 48.
Whereas, the City recognizes that the reconstruction of
Ironwood and Ireland Roads as detailed in the plans for L.R.S.A.
Project 48, a set of said plans being attached hereto as Exhibit
"A" and considered as part of this agreement, requires certain
permanent rights -of -way, temporary easements and permanent
easements.
Whereas, the Lueneburgs, are property owners owning property
which has frontage on both Ireland and Ironwood Roads, are desirous
of improving said properties which are located in both the north-
west corner of the intersection of Ireland and Ironwood Roads
and the southwest-_ corner olf mr xan<a gnu xr nwoo,a "o"Qw7 a -a
Lueneburgs desire to improve the property in the northwest corner
2. Slope improvements and grade revi-
sions, all as shown on the afore-
mentioned Exhibit
C) Right -of -entry to City rights -of -way to make any
necessary utility connections.
3. That the City Of South Bend, through its Board of Public
Works, agrees to construct all drives, as shown on the plans for
L.R.S.A. Project 48 herein included as Exhibit "A", to the
properties of the Lueneburgs herein further described in Exhibit
"C" and Exhibit "D".
4. That it is further mutually agreed and understood that
rights -of -entry, as granted by the Lueneburgs to the City of
South Bend through its Board of Public Works, shall include
employees of the City of South Bend, its' agents, con -tractors
and sub -contractors as required for the construction and main-
tenance of L.R.S.A. Project 48 as shown on the aforementioned
Exhibit "A".
5. That it is further mutually agreed and understood that
the rights -of -entry, as granted by the City of South Bend through
its Board of Public Works to the Lueneburgs, shall include the
Lueneburgs, their agents, contractors and sub -contractors as
required for the construction and maintenance of the grading and
drainage described herein and as shown on the plan for said site
improvements herein included as Exhibit "B".
6. That this agreement shall not be considered as relieving
the Lueneburgs of the necessity and responsibility of securing
That this agreement shall not be considered as binding
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NOW THEREFORE, in Consideration of
M, the mutual covenants and
promises, hereinafter contained it is mutually agreed as follows:
1. That the Lueneburgs will grant to the City of South Bend,
through its Department of Public Works, the following:
a) Right -of -entry to the property in the south-
west corner of the intersection of Ironwood
and Ireland Roads as described in Exhlb±-t
"C", attached hereto and considered a part
of this agreement, for the construction of
L.R.S.A. Project 48 in accordance with the
plans for said project herein included as
Exhibit "A".
b) Right -of -entry to the property in the north-
west corner of the intersection of Ireland
and Ironwood Roads, said property being
described in Exhibit "D", attached hereto
and considered a part of this agreement, for
the construction of L.R.S.A. Project 48 in
accordance with the plans for said project
herein included as Exhibit "A".
c) Right -of -entry to the property in the north-
west corner of the intersection of Ireland
and Ironwood Roads, said property being
described as Exhibit "D", attached hereto
and considered a part of this agreement, for
the construction of a storm sewer as shown
in the plans for L.R.S.A. Project 48, said
plans being herein included as Exhibit "A".
(Said storm sewer, when constructed in accor-
dance with the aforementioned Exhibit "A",
will be within a proposed permanent easement
in favor of the City of South Bend, through
its Board of Public Works, for maintenance
of said sewer.)
2. That the city of South Bend, through its Board of Public
Works, agrees to grant to the Lueneburgs the following:
a) Access across City owned properties for the
purpose of constructing site improvements as
shown in Exhibit "B".
b)
Right -of -entry to the City owned retention
basin which is north and east of and adjacent
to the Lueneburgs property in the northwest
corner of the intersection of Ireland and
Ironwood Roads, said property being further
described in the aforementioned Exhibit
for the Purpose of constructing certain:
1. Storm drainage structures as shown
on the aforementioned Exhibit
a"B"
and
hereinafter contained it is mutually a
1 That the Lueneburgs will grant to the City of South Bend,
through its
Department of Public Works, the following:
a)
Right -of -entry to the property in the south-
west corner of the intersection of Ironwood
and Ireland Roads as descrrlbed in Exhibit
"C", attached hereto and considered a part
of this agreement, for the construction of
L.R.S.A. Project 48 in accordance with the
plans for said project herein included as
Exhibit "A".
b)
Right -of -entry to the property in the north-
west corner of the intersection of Ireland
and Ironwood Roads, said property being
described in Exhibit "D", attached hereto
and considered a part of this agreement, for
the construction of L.R.S.A. Project 48 in
accordance with the plans for said project
herein included as Exhibit "A".
c)
Right -of -entry to the property in the north-
west corner of the intersection of Ireland
and Ironwood Roads, said property being
described as Exhibit "D", attached hereto
and considered a part of this agreement, for
the construction of a storm sewer as shown
in the plans for L.R.S.A. Project 48, said
plans being herein included as Exhibit "A".
(Said storm sewer, when constructed in accor-
dance with the aforementioned Exhibit "A",
will be within a proposed permanent easement
in favor of the City of South Bend, through
its Board of Public Works, for maintenance
of said sewer.)
2. That the City of South Bend, through its Board of Public
Works, agrees to grant to the Lueneburgs the following:
a) Access across City owned properties for the
purpose of constructing site improvements as
shown in Exhibit "B".
b) Right -of -entry to the city owned retention
basin which is north and east of and adjacent
to the Lueneburgs property in the northwest
corner of the intersection of Ireland and
Ironwood Roads, said property being further
described in the aforementioned Exhibit
for the purpose Of constructing certain:
1. Storm drainage structures as shown
on the aforementioned Exhibit
and
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8. That this agreement shall be binding upon the heirs,
personal representatives and assigns of the parties hereto.
IN WITNESS WHEREOF the parties or designates have hereunto
set their hands and seals this �,5 day of 1973.
CIVIL CITY OF SOUTH BEND
by its BOARD OF PUBLIC WORKS
Attest:
Dated this. 1973.
9ohl Lueneburg
Betty Lueneburg
This instl-uMent prepared by; James Roerqer, City Attorney
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