HomeMy WebLinkAbout#3039- Deed; EASEMENT Beginning on the north line of Washington Avenue at a point 110.82' west of the west line of Ginz Ave., thencd west along the north line of Washington Avenue3 Pi9
8/1 /1960
Easement
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LOT NO.
SUB:
South Bend Screw Products
Description:
Beginning on the norht line of Washington Avenue at a
point 110.82' west of the west line of Ginz Ave., thencd
west along the north line of Washington Avenue a
distance of 22.36' to apoint, thence northwesterly along a
,line to a point 273' south of the so _
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AGREE OF EASEMENT
i`,JENT
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THIS AGREEMENT made and entered into this /Y-,-day of j
�VJ 1960, by and between South Bend Screw Products, Inc. of
South Bend, Indiana, owner of the legal title of the below des-
cribed property, hereinafter referred to as the First Party. and
the Municipal City of South Bend, Indiana, hereinafter referred
to as the Second Party.
WITNESSETH THAT:
FOR AND IN CONSIDERATION of One Dollar ($1.00) in hand paid
to first party by second party the receipt of which is hereby
acknowledged and of the conditions hereinafter stated, said first
party does hereby grant, bargin, sell, convey and warrant to
second party to have and to hold forever, a right-of-way and ease-
ment with the right, privilege and authority of second party, its
assigns, lessees and contractors to construct, operate and main-
tain an intercepter sewer, including manholes and other necessary
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appurtenances thereto, including the perpetual 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 the
first party and situate in the City of South Bend, St. Joseph
County, State of Indiana, and described as follows:
Beginning on the north 1 ine of Washington Avenue
at a point one hundred ten and eighty-two hun-
dredths feet (110.821) west of the west line of
Ginz Avenue, Thence west along the north line of
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Washington Avenue a distance of twenty two and
thirty-six hundredths feet (22.361 ) to a point,
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��1 Thence northwesterly along a line to a point two
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hundred seventy three feet (2731)
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south line of Colfax Avenue and one hundred eighty-
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four and eighteen hundredths feet (184 .181) west of
the west line of Ginz Avenue, Thence east along a
line two hundred seventy-three feet (273 1) south of
a.
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and parallel to the south line of Colfax Avenue a
"i,� distance of twenty-two and thirty-six y-six hundredths
feet (22.361) to a point, Thence southeasterly along
a line to the place of beginning.
j Said intercepter sewer shall be approximately ten (10) inches
in diameter and the same shall be placed and constructed at the
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depth shown on the
plans
of the
intercepter sewer filed in the
Engineer's office
of the
City of
South Bend.
First party does hereby covenant that it is lawfully seised
and possessed of the real estate described thereo �
So64�cI M.GE458
A temporary construction easement is hereby granted said
second party, its assigns, lessees, and contractors to use the
property to the West of said above permanent easement with the
right of ingress and egress for excavation, and to haul inter-
cepter sewer pipe and to lay and install the same, manholes and
other necessary appurtenances and perform other construction work
necessary in the laying of said intercepter sewer, the property
being more particularly described as follows:
Beginning on the north line of Washington Avenue
at a point one hundred thirty-three and eighteen
hundredths feet (133.181) west of the west line
of Ginz Avenue, Thence west along the north line
of Washington Avenue 'twenty-two and thirty-six
hundredths feet (22.361) to a point, Thence north-
westerly along a line to a point two 1-1unclred
seventy-three feet (2731) south of the south line
of Colfax Avenue and two hundred six and fifty-four
hundredths feet (206.54l) west of the west line of
Ginz Avenue, Thence east along a line two hundred
seventy-three feet (273t) south of and parallel to
the south line of Colfax Avenue twenty-two and
thr ity-six hundredths feet (22.36 t) to a point, Thence
southeasterly along a line to the place of beginning.
SECOND PARTY AGREES:
A. To construct the intercepter sewer, manholes and other
necessary appurtenances in such a manner as not to interfere at
any time with the use of first party of its buildings and pro-
perties not herein described.
B. To indemify and hold harmless first party of a—y co r
damages, suits, claims, and judgments of any and all kind and
mature by reason of any action taken, thing done or work performed
by second party, its assigns, lessees, and contractors in the
constructing of said intercepter sewer, manholes and other neces-
sary appurtenances as herein described. I
C. To grade the easement, removing all excess excavated
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dirt and generally doing all things required to replace the pro-
perty in relatively the same condition as it was prior to exca-
vation with the exception that second party shall have the right
to remove trees, brushes, and undergrowth that would interfere
with the construction., operation, and maintenance of said inter-
! cepte r sewer.
First party reserves the right to construct a building or
buildings across the easement, provided however, that any weight
bearing wall shall be properly reinforced so as not to damage or
interfere with said intercepter sewer, manholes or other necessary
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IN WITNESS WHEREOF, South Bend Screw Products, Inc., and the
Municipal City of South Bend have here unto set their hands and
seals the day and year first above written.
South end Screw
Prod cts, nc .
411
Municipal
isi.x City
�jy ;
By:a
of So h Bend.
Ind 3na
Donn G
Attest:
res nt
B y
C. L. G
:»
Secretary
First Party
C V
Second Party
STATE OF IND IANA
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SS.
ST. JOSEPH COUNTY
)
Before me,
the undersigned,
a Notary Public, in and for said
County and State,
personally appeared
Donn G. Ehrich, President
the South Bend Screw Products, Inc.,
of
and C. L. Grosdaek, Secretary
of the South Bend
Screw Products,
Inc., and acknowledged the ex-
ecution of the foregoing Agreement
of Easement to be their voluntar
act and deed, for
the purpose therein mentioned.
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l+litness my hand and seal this 3rd day of August 1960
s
Ij Ny Commission Expires:
11 June 16, 1��64
+STATE OF INDIANA )
f ) SS:
ST. JOSEPH COUNTY )
/ - llf� ��
Rose Marie Kinnaman - Notar3T-- i
_ I
BOOK �'� ex;[460
Before me, the undersigned, a Notary Public, in and for said
County and State personally appeared Frank J. Bruggner, Ray S.
Andrysiak and Irving J. Smith, members of the Board of Public forks
of the City of South Bend, Indiana, who acknowledged the execution
)f the foregoing Agreement of Easement to be the voluntary act and
deed of said City.
Witness nay hand and seal this /S day or
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f 4J,
:allot�ry PUP
Commission Expires:�-
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I A N A
FILED FVR RECORD
SEP Z 2 39 PM 160
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