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HomeMy Public PortalAbout1504-1954 - Approving a Contract and Made to Lay Water Pipes and Construct a Structure to House Equipment Pertaining to Operation of Water SuppyAN ORDINANCE RATIFYING, CONFIRMING AND APPROVING A CONTRACT AND GRANT MADE AND ENTERED INTO ON THE 19th DAY OF MARCH, 19549 BY THE CITY OF RICHMOND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY AND THE RICHMOND WATER WORKS CORPORATION. WHEREAS, heretofore, to -wit: On the 19th day of March, 1954, the City of Richmond, by and through its Board of Public Works and Safety, entered into the following contract with the Richmond dater Works Corporation, an Indiana utility corporation, with its prin- cipal place of business in the City of Richmond, Indiana, namely: GRANT OF RIGHT TO LAY WATER PIPES AND CONSTRUCT STRUCTURE TO HOUSE EQUIPMENT PERTAINING TO OPERATION OF WATER SUPPLY THROUGH SAID WATER PIPES THIS AGREEMENT, Made by and between the Board of Public Works and Safety of the City of Richmond in the County of Wayne, State of Indiana, hereinafter designated as Grantor, and the Richmond Water Works Corporation, an Indiana utility corporation, with its principal place of business in the City of Richmond, Wayne County, Indiana, hereinafter designated as Grantee, WITNESSETH: Said Grantor hereby.grants to said Grantee, and its assigns, the right to lay, install, and perpetually maintain, in, on, along and over the following described real estate situate in Wayne County, Indiana, to -wit: Being a part of the Southeast Quarter of Section Five (5), Township Thirteen (13)7 Range One (1) West, in the City of Richmond, Wayne County, Indiana, and being a Strip of ground twenty (20) feet in width more particularly described as follows: Beginning at a point in the westerly line of South Fifth Street which point is fifty (50) feet measured southwardly at right angles from the center line of 'the South "G48 Street Bridge, extended eastwardly; Thence westwardly parallel with the center line of said Bridge and fifty-(50) feet at right angles therefrom, a distance of five hundred (500) feet, more or less, to a point forty (40) feet from the east side of Pier No. 4 of said Bridge, extended southwardly; Thence nouthwardly, at right angles to the center line of said Bridge one hundred (100) feet; Thence eastwardly parallel with the center line of said Bridge and fifty (50) feet therefrom twenty (20) feet; Thence southwardly, at right angles to the center line of said Bridge eighty (80) feet; -2- Thence eastwardly, parallel with the center line of said Bridge and -thirty (30) feet therefrom, four hundred seventy-six (476) feet,.more or less, to the westerly line of South Fifth Street; Thence southwardly, along said west street line, twenty (20) feet, more or less, to the place of beginning. a water pipe or pipes, for the purpose of carrying water from wells of the Grantee to the pipe line apparatus of the Grantee serving the City of Richmond, Indiana, and the territory adjacent thereto. Said pipe or pipes shall be installed and maintained across said real estate at the sole expense of Grantee, and for that portion of said pipe or pipes that Grantee shall place below the surface of the earth Grantee shall promptly restore said real estate to as good condition as the same was prior to the doing of such work. Said Grantor further grants to said Grantee, and its assigns, the right to construct and perpetually maintain on that portion of said real estate lying east of the east line of the South "G" Street Bridge extended south, a brick structure approximately ten (10) feet square and approximately nine (9) feet in height for housing equip- ment pertaining to the operation of the water supply through said pipe or pipes. Said Grantee agrees to save said Grantor harmless from any loss, damage, or liability arising during the installation of any said pipe or pipes or in the construction of said structure, or caused by the maintenance thereof. The rights herein granted and all terms and conditions af- fecting the same, shall apply to any and all fixtures and appliances properly and necessarily connected to, or used in connection with, said pipe or pipes, or said structure. IN WITNESS WHEREOF said parties have hereunto affixed their hands this the 19 day of March, 1954. H.AROLD G. COLEMAN (Harold G. Coleman) S. W. HODGIN _ (S. W. Hodgin) FRANK K. CHAMBERS (Frank K. Chambers Board of Public Works & Safety of The City of Richmond, Indiana, Grantor RICHMOND WATER WORKS CORPORATION By Jerome Powers (Jerome Powers) President Grantee ZZ STATE OF INDIANA ) ) SS: COUNTY OF WAYNE ) Before me, a Notary Public, in and for said County and State, personally appeared Harold G. Coleman, S. W. Hodgin and Frank K. Chambers, members of the Board of Public Works and Safety, and acknowledged the execution of the foregoing instru- ment for the purposes therein set out. 1954. WITNESS my hand and official seal this 19th day of March, My Commission expires January 5, 1958 STATE OF INDIANA ) SS: COUNTY OF WAYNE ) RICHARD B. K%EINKNECHT Notary Public Before me, a Notary Public in and for'said County and State, personally appeared Jerome Powers, President, of the Richmond Water Works Corporation, and acknowledged the execution of the foregoing instrument for the purposes therein set forth. 1954® WITNESS my hand and official seal this 18th day of March, ROBERT W. REED Notary Public My Commission expires June 13, 1957 And WHEREAS, said contract and grant has been submitted by said Board of Public Works and Safety of the City of Richmond to the Common Council of said City for its consideration and action thereon; THEREFORE, Section 1. Be It Ordained by the Common Council of the City of Richmond, Indiana, that the foregoing contract and grant made and entered into on the 19th day of March, 1954, by the City of Richmond, by and through its Board of Public Works and Safety, and the Richmond Water Works Corporation, be and the same is hereby in all things ratified, confirmed and approved, and the said Richmond Water Works Corporation, its successors and assigns are hereby .. � � 'S . -4- granted the rights, privileges and authority as in said contract and grant set forth and in accordance with the terms, provisions and conditions thereof. Section 2. -This ordinance shall take effect and be in force from and after its passage. Passed by Common Council this ® day of April, 1954. Attest: City Presented by me, Arthur J. Reeg, City Clerk, to Lester E. Meadows this !0 day of April, 1954, at : ey o' c^ck, . M City Approved by me, Lester E. Meadows, Mayor of the City of Richmond, Indiana, this ;!-a day of April, 19549 at : atr -o'clock, M. Mayor