HomeMy WebLinkAbout#3046- Deed; SEWER EASEMENT The center line of which begins at a point on the south line of Jackson Road7-
3 6
3/21/1966
Sewer Easement
LOT NO.
SUB:
Nall & Assoc./Bickel/Taylor/DUComb
Description:
The center line of which begins at a point on the south
line of Jackson Road
-'p14 VER6A1. ORflERS
2/7 /66
Sent -to A7 Nall and Lloyd S.
Copt
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fT OF EASEMENT
ENTS .
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1SOC., INC., an Indiana corporation,
TY OF SOUTH BEND, INDIANA, for and in
($1.00) and other valuable considera-
Ls hereby acknowledged, a permanent
)n, repair, inspection, maintenance,
.n, under and over the following de -
in St. Joseph County, State of Indiana,
f land with the following described
06.66 feet East of the West line
37 North, Range 3 East, in St.
nd 11.25 feet North of the North
.nor Fourth Addition (proposed)
'-1.25 feet North of and parallel
'.h Addition North line a distance
Said City of South Bend, Indiana and its agents and as-
signs are also hereby granted the right to travel over the area
covered by the aforementioned easement at any times hereafter for
the installation, repair, inspection, maintenance and replacement
of any sewer existing in such easement area.
Indiana
Easement
IN WITNESS WHEREOF, said Al Nall &
corporatiqry, does hereby execute and
this day of January, 1966.
G: V. Mi ouch, Secretary
STATE OF INDIANA
SS:
I ST. JOSEPH COUNTY
Assoc., Inc., an
deliver this Grant of
AL NALL & ASSOC... INC.,
an Indiana corporation
By
E Nall, r si en
M�
:,
_
Before me, a Notary Public in and for said u-bjty and
State, personally appeared Albert E. Nall and G. V. Mi.holich,
known to me and to me known to be the President and Secretary, re
sneatively, of Al Nall & Assoc., Inc., an Indiana corporation, and
as such officers and for and on behalf of said corporation, acknow-
ledged the execution of the above and foregoing Grant of Easement.
d IN WITNE WHEREOF, I set my hand and notarial seal this
2 o day of , 1966.
Notary Public
My ommission expires:
This instrument was prepared by Warren E. McG
GRANT OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
"89
�33� YAuI
That AL NALL & ASSOC., INC., an Indiana corporation,
does hereby grant to the CITY OF SOUTH BEND, INDIANA, for and in
consideration of One Dollar ($1.00) and other valuable considera-
tion, the receipt of which is hereby acknowledged, a permanent
easement for the installation, repair, inspection, maintenance,
and replacement of a sewer in, under and over the following de-
scribed real estate located in St. Joseph County, State of Indiana,;
to wit:
A 7.5 feet wide strip of land with the followin; described
centerline:
Commencing at a point 1306.66 feet East of the West line
of Section 31, Township 37 North, Range 3 East, in St.
Joseph County, Indiana and 11.25 feet North of the North
property line of Crest Manor Fourth Addition (proposed)
and proceeding easterly 11.25 feet North of and parallel
to said Crest Manor Fourth Addition North line a distance
of 4o8.21 feet.
Said City of South Bend, Indiana and its agents and as-
signs are also hereby granted the right to travel over the area
covered by the aforementioned easement at any times hereafter for
the installation, repair, inspection, maintenance and replacement
of any sewer existing in such easement area.
IN WITNESS WHEREOF, said Al Nall & Assoc., Inc., an
Indiana corporate o, does hereby execute and deliver this Grant of
Easement thisday of January', 1966.
AL NALL & ASSOC., INC.,
an Indiana corporation
By
E Na 1, r si en
r
G! V. Mi olich, Secretary
STATE OF INDIANA
SS:
ST. JOSEPH COUNTY
Before me, a Notary Public
State, personally appeared Albert E.
known, to me and to me known to be the
snectively, of Al Nall & Assoc., Inc.
as such officers and for and on beha
ledged the execution of the above an
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rimer L
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7.
in and for said �z�a.n uy �d
Nall and G. V. Miholich,
President and Secretary, re-;
an Indiana corporation, and,,
if of said corporation, acknow
d foregoing Grant of Easement.;
Ad IN WITNE WHEREOF, I set my hand and notarial seal this
�- day of 1966.
_ �_Ac
Notary Public
Wammission expires:
This instrument was prepared by Warren E. McGill, Attorney at Law.
f_3
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E'CW�
220
CONTRACT FOR CONSTRUCTION OF SEWER
THIS AGREEMENT made and
c
entered
into thi '7j day
of
and between R. J.
DuComb,
L. S. Taylor and J.
A.
Bickel, constituting the Board of Public Works and Safety of the
City of South Bend, Indiana, hereinafter referred to as "Board",
and Al Nall & Assoc., Inc., an Indiana corporation, hereinafter
referred to as "Nall",
W ITNESSETH THAT:
Pursuant to Chapter 182 of the Acts of General Assembly
of Indiana for the year 1955 as set forth at Burns Indiana Statutes
Annotated, Section 48-3938, it is agreed between Board and Nall as
X.
f ollows :
1. Nall is the owner of certain lands located Southerly
of Jackson Road and Easterly of Miami Street in the City of South
Bend, St. Joseph County, Indiana, all of which is within the
drainage area referred to in this contract. in order to serve such
lands, together with other land shown on the drainage map attached
hereto, made a part hereof and marked "Exhibit A", (all either
within the city limits of South Bend, Indiana or within four (4)
miles thereof) it is deemed necessary that a combination sanitary
land storm sewer be constructed as follows in the City of South Bend,
i
St. Joseph County, Indiana: `
A server, 21 inches in diameter, the center line of
which begins at a point on the South line of I
Jackson Road, which point is 2,041.93 feet due
-n West and 40 feet South of the North East corner of
.I the North West one -quarter of Section 31, Township
37 North, Range 3 East; thence Southeasterly to a
point that is 1,949 feet due West and 495 feet due
South of said North East corner of the North tiniest
fine -quarter of said Section 31; thence North 890
49141" East a distance of 541.51 feet; thence
South•'24915'34" East 208.63 feet; thence South
00010119" East 168.o4 feet. thence South 03017,48"
- East
3068.99 feet to a point 7z feet North of the
forth Property line of Crest Manor Fourth Addition
(proposed) and 1314.10- Feet East of the West line
of said section 31; thence proceeding "Easterly 7.z
feet North of and parallel to the North property
line of Crest manor Fourth Addition (proposed) a
distance of 408.21 feet.
2. Nall shall cause to be furnished all labor and
materials to construct the sewer as specifically described in
paragraph No. 1 of this agreement.
3. Plans and specifications for said sewer have been
submitted to and have -received the approval of the Board.
4. The construction costs of the above described sewer
is Ttrenty--two Thousand Six Hundred Forty Dollars ( $22, 640.OQ) ,
which sum initially shall be paid by Nall.
5. Said combination sanitary and storm sealer shall be
constructed in accordance with the aforementioned plans and specifi-
cations and at the location described in paragraph No. 1 of this
agreement.
6. On the completion of the installation of such sewer,
such sewer shall become the property of the City of South Bend,
Indiana and all further maintenance and operation together with the
costs thereof shall be the responsibility of the City of South Bend,
Indiana.
7. "Exhibit A`. attached hereto, discloses the drainage
fIi area to be serviced by such sewer. Five Hundred Sixty-six (566)
acres are comprised in such drainage area. For a period not to
exceed fifteen (15) years from the date of this agreement, no owner
of real estate within such drainage area, including not only direct
users by way of extensions or otherwise to the above described
sewer, but also users on any lateral sewers connecting thereto or
to any extension thereof, shall tap into or otherwise use the above
described sewer or any lateral connections thereon or extensions
thereto, or deposit sewage or storm water therein unless and until
such oorne-r has paid to the Treasurer of the City of South Bend,
`Indiana a sum arrived at by multiplying the acreage to be serviced
�by such direct user by viay of extension or otherwise, or the user
on any lateral se-vrers connec-Lin� thereto or to any extension
thereof, by Forty Dollars ($40.00) per acre. Notwithstanding any
fthing herein to the contrary, Nall, to the extent that it taps into
the above described sewer hereafter, whether directly, by way of an
3 extension or otherwise, or by lateral sewers connecting thereto or
�oc� _220 �-�;E027
���� 220 _. f 28
14 any extension thereof with respect to land embraced within such
drainage area owned by it, shall pay according to the same formula.
i It is intended that the foregoing payment shall be made regardless
of trhethe-r such tap, as above described, is made for sanitary or
storm or a combination of sanitary and storm purposes. Furthermore,
for a period of not to exceed fifteen (15) years From the date of
this agreement, any owners of real estate outside such drainage
area, including not only direct users by way of extensions or other-
wise of the above described sewer, but also users on any Lateral
sewers connecting thereto or to any extensions thereof, who did not
contribute to the original cost of such sev-ier (Nall excepted) and
who contemplate making any of the foregoing taps by means of the use
of a pump or lift station, shall pay a sum equal to a fair prorata
share of the cost of the original construction of the above describ-
ed sewer and facilities, based, among other things, on the size of
theinvolved sewer contemplated to be connected thereto and the
area to be serviced thereby. No person, firm or corporation falling
within the uurview of this contract shall be ;ranted a permit or
be authorized to tap into, use, or deposit sewage into the above
described sewer and facilities, herein agreed to be constructed,
whether direct or remote, unless and until such person, firm or
corporation has in all things complied with the requirements of this
contract.
8. All sums so recovered under the foregoing paragraph
by the City of South Bend, Indiana, and under the terms of this
contract, shall be paid to Nall, its successors or assigns, within
sixty (60) days from the date of the receipt of same.
9. hall, its successors and assigns, hereby relinquish
all rights to remonstrate against pending or future annexations to
the City of South Bend, Tndia.na, in the area to be served by such
sewers and facilities _
10. The execution of this agreement was authorized at a
regularly held meeting of the Board of Public works and Safet of
the City of South Bend, Indiana, on the��/�-� day of oEt�ber;--l�}G�+.
11. This agreement shall be binding upon the parties
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hereto and their successors and assigns.
` 1
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!/ � cr Luvvi;iv
L. S. Tay o
J A Bicice
Constituting the Board of Public
Works
and Safety, of the City of
South Bend, Indiana
AL NALL & ASSOC., INC., an Indiana.
corporation
By ^
Albert E/ Na 1, Presi en
Attest:
G. U. Mi olic , Secretary
STATE OF INDIANA
SS:
ST. JOSEPH COUNTY
Before me, a Notary Public, in and for the aforesaid
County and State, personally appeared Albert E. Nall and G. V.
Miholich, respectively President and Secretary of Al Nall & Assoc.,
Inc., an Indiana corporation_, and acknowledged the execution or the
above and foregoing ontract to be its voluntary act and deed, this
of ,--�
i6 l e f"
expires:
•:�, AIL;,,..,,
STATE,U INDTANA
SS:
ST. JOSEPH COUNTY
` No ary Public
Before me, a. Notary Public, in and for the aforesaid
County and State, personally appeared R. J. DuCorab, L. S. Taylor
;41fe
-4-
LL J
uting the Board of Public Works and Safety
and J. A. Bickel, constit
of the City of South Bend, Indiana, and acknowledged the execution
i
of the above and foregoing contract
to Ge their voluntary act and
deed, on thec2/,Q/ day
No ary Public
corssion expires.
`. '"
"�iSli�'{ll i::�; 4.C�:f. �.:l.�.� l.J it.:..: '.:.." .;;g .
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This instrument was prepared by Warren E. McGill, Attorney at Law.
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OUTLINE OF DRAINAGE AREA
J*19rvicea6le by A/ Nall As oc., Inc. Trar7,Z- -fealer Ins/aIla/ior,
6B9lnr71rly al Joc son ,Food and ending oporoxlrnofe/y /zoo
feel Soa'lh of Jackson Rood and 1875 �'eel Eas/ of /AJiom1 Rood
In Dorf O� S�c>`/ons 30 31, 7-,?71V, ,e-;?Ll
CENIVS T0wiV1y/P, ST, ,IOSEPH COUNTY, IND/ANA
�o r
AL NA L L " A550 C., INC.
SYMBOL. REVISIONS DAZE IN
DRAINAGE MAP
PART OF SU-TWJNS 3U � 31, � 37
AL NALL A550C., INC.
ENGINEERING PLANNING SERVICES
MISHAWAKA INCORPORATED SOUTNBEND
DRAWN L. 11.E�'c/ _sue,,," /9��% SCALP 300' JOB No. 6-1-36
_ DATE— _
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