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Home My WebLink About#1402- Deed; AMENDMENT TO RIGHT OF WAY FOR WATER AND SEWER LINES From the Sisters of Holy Cross, Inc. (Clay Utilities)-W--I41bA RIGHT-OF-WAY FOR WATER AND SEWER LINES from Sisters of the Holy Cross, Inc. (CLAY UTILITIES) R. CEL- a� M. m l �d1 RIGHT-OF-WAY FOR WATER AND SEWER LINES q -.� FOR AND IN :ONSIDERATION of the sum of Two Thousand Six Hundred and No/100 ($2,600.00) Dollars, receipt of which is hereby acknowledged, SISTEI OF THE HOLY CROSS, INC., an Indiana corporation, (hereinafter referred to as unto CLAY UTILITIES, INC., an Indiai "Grantor"), does hereby warrant and convey corporation, its successors and assigns, (hereinafter referred to as "Grantee"', the right to construct, maintain, inspect, operate, protect, repair, replace, wer+`and water line over and through the following described real or remove a se estate situated in Section 26, Township 38 North, Range 2 East, in St. Joseph County, Indiana, to -wit: Beginning two thousand eighty-eight (2088) feet South and one hundred sixty-six and 'three tenths (166.3) feet west of the Northeast corner of ;'_etion 26, Township 38 North, est on a line atan 8 North, of Rangeo2with Range 2 East, thence w the East line of Section Township 3 East three thousand one hunn dred and thirty-three and seven tenths (3133.7) feet to the East water edge of the 5t. Joseph River to be used as the center line of a right of way easement by Clay Utilities, Inc. for the purpose of placing sewer and water lines beneath the surface of the ground. Said right of way to be ten feet on either side of said center line for the purpose of nlacing said sewer and water line and twenty feet on either side of the center line for working purpose during construction only, said twenty foot easement to contain 1.438 acres, and the forty foot ease- ment contains 2.876 acres, including 1.438 acres in 20' easement. z LL � N T� xt_ = o i v o L, w --I u = together with the right of ingress and egress to and from said line or lines, or any of them, for the purposes aforesaid. Grantor shall have the rigl._ to fully use and enjoy the above -des- cribed premises, except as to the rights herein granted; and Grantor agrees not to build, create, or construct, any obstruction, building, engineering works, or other structure over said line or lines, nor permit same to be done i by others. Grantee agrees to pay any damages to growing crops, pasturage, i 555 BOOK BOOK bj2 %c5t5s fences, drain tile, or buildings of Grantor resulting from the exercise of the rights herein °ranted, said damages, if not mutually agreed upon, to he ascertained and determined bv_three disinterested persons, one thereof to be appointed by Grantor, one by Grantee, and the third by the two so appointird, I and the written award of such three persons shall be final and conclusive, The rights herein granted may be assigned in whole or in part. The terms, conditions, and provisions of this right-of-way contract or any contract resulting from the exercise thereof shall extend to and bE binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the Grantor herein, by its duly authorized officers, has executed this contract, this day of 3 1966. SISTERS OF THE HOLY CROSS, INC., Grantor i Mother Kathryfi Marie,' President ' 4 ATTEST: 9,x, Bertrand, Secretary STATE OF INDIANA, ST. JOSEPH COUNTY ) SS: Before me, a Notary Public in and for St. Joseph County, Indiana, personally appeared Mother Kathryn Marie and Sister M. Bertrand, the Presi- dent and Secretary, respectively, of SISTERS OF THE HOLY CROSS, INC., Grantor, and acknowledged the execution of the above and foregoing Right -of -Way, this day;of 1966. Notary Public My comrniss3on expires: 1. -P�Noa AMENDMENT TO RIGHT-OF-WAY FOR WATER AND SEWER LINES WHEREAS, on May 24, 1966, Sisters of the Holy Cross, Inc., an Indiana Corporation, (hereinafter referred to as "Grantor"), and Clay Utilities, Inc., an Indiana Corporation, (hereinafter referred to as "Grantee"), entered into a contract entitled "A Right-of-!•iay for Water and Sewer Lines Improvement", which Agreement was recorded in the St. Joseph County Recorder's Office on September 10, 1967 as a permanent record of such office in Deed Book 692, Pages 555 and 556; a nd WHEREAS, the City of South Bend entered into a Lease with Clay Utilities, Inc. on October 9, 1984, which was recorded in the St. Joseph County Recorder's Office on February 28, 1985 as Document No. 8503480; and WHEREAS, the City of South Bend entered into an Amendment of Lease with Clay Utilities, Inc. on the February 28, 1985, which was recorded in the St. Joseph County Recorder's Office on February 28, 1985 as Document No. 8503483; and WHEREAS, under the terms of the Lease and Amendment thereto the City of South Bend is now the operator of the water and sewer lines which run across the property of Grantor and which is the subject of the above -referenced document of May 24, 1966; and C7,b ri ^b O WHEREAS, Parties agree that it is in the mutual best interest of the parties that any improvements made by the Grantee or the City of South Bend be better protected against and not invite vandalism; and WHEREAS, Parties agree that it is in their mutual best interest and that it would minimize the possibility of accidental interference with the other property of Grantor if the Grantee and its Successor in Interest were to have clear and easy access to any improvements Grantee or the City of South Bend has already made upon the land owned by Grantor pursuant to the Right -of -Way Agreement referenced above. NOW THEREFORE, in consideration for the mutual benefits as set forth above, it is agreed that: 1. Grantee, at its own expense, shall construct and maintain an access road from the currently existing siphon chamber along the most convenient and economical route to the nearest paved roadway, whether public or private, on Grantor's land; 2.. Grantee, at its own expense, shall furnish, install and maintain a gate to control access to the road mentioned in Paragraph (1) and to the currently existing siphon chamber; 3. Grantee, at its own expense, shall furnish, install and maintain around the currently existing siphon chamber an eight -foot (8') high chain link security fence, on the top of which shall be three (3) strands of barbed wire and which fence shall have a locked gate. -2- 4. Except as herein specifically modified, the Right -of - Way Agreement referred to above shall remain in full force and effect; and 5. This document shall remain binding upon all Assigns and Successors in Interest. 6. Grantee, at its own expense, shall furnish, install and maintain solid cover's on the siphon chamber acceptable to the Grantor so as to eliminate any odors as much as possible. IN WITNESS WHEREOF, the Grantor and Grantee herein, by their duly authorized officers, have executed this contract, this y day of � ,J 1986. ATTEST: SISTERS OF THE HOLY CROSS, INC. Grantor By -�C� By: Sister Pnette Fetti.g, Secretary IS1 stet FrdnCl S Bernard , President STATE OF INDIANA ) )SS: ST. JOSEPH COUNTY ) Before me, a Notary Public in and for St. Joseph County, Indiana, personally appeared Sister Francis Bernard and Sister Jeanette Fettig _, the President and Secretary, respectively, of Sisters `of the Holy Cross, Inc., Grantor, and acknowledged the execution of the above and foregoing Amendment to Right -of -flay, this day of December 1986. thy`" C.o`mrni s s i o n Expi res: d otary Public / 4 -3- CLAY UTILITIES, INC., (GRANTEE) BY CITY OF SOUTH BEND BOARD OF PUBLIC WORKS ItE. Les"zczyifs11i Patricia E. DeClercq Michael L. Vance AqTS,T: Sandra M. Parmerlee, Clerk STATE OF INDIANA ) SS: ST. JOSEPH COUNTY) Before me, a Notary Public in and for St. Joseph County, Indiana, personally appeared John E. Leszczynski, Patricia E. DeClercq and Michael L. Vance, known to me as the members of the City of South Bend Board of Public Works, and acknowledged the execution of the above and foregoing Amendment to Right -of -Way, this 3/ '9 day of1987. Sandra M. Parmerlee, Notary Public Resident of St. Joseph County My CQission Expires: This document was prepared by Thomas L. Bodnar, Chief Deputy City Attorney, 1400 County -City Building, South Bend, IN 46601