Lake Maxinkuckee Its Intrigue History & Genealogy Culver, Marshall, Indiana

Maxinkuckee Lake Ice Company Lease 1904  



This agreement, made and entered into this 25th day of May, 1904, by and between the Terre Huate and Logansport Railway Company a corporation of the State of Indiana, as party of the first part and the Maxinkuckee Lake Ice Company, also a corporation of the State of Indiana as party of the second part,

Witnesseth:

That subject to the terms and conditions hereinafter ste forth the party of the first part hereby grants to the party of the second part the privilege of occuping and using until given thirty (30) days notice in writing of the termination of this lease the following described real estate, to-wit:

Beginning at a point eighteen (18) feet distant in a southwesterly direction at right angles from the center line of the single main track of the Terre Haute and Logansport Railway as now located and constructed in the North 1/2 of the Southwest 1/4 of Section 21, Township 32 North, Range I East of Marshall County, Indiana, the said distance being measured from a point in the center line of said main track which is two hundred and ninety-eight (298) feet distant northwesterly along said center line from the intersection of sais center line and north line of the public highway as now maintained in the land above described which is just north of the outlet of Lake Macinkuckee and situate about one (1) mine in a southerly direction from the Town of Culver, Marshall County, Indiana, extending thence in a northwesterly direction and parallel to said center line a a distance of two hundred and fifty-two and five-tenths (252.5) feet, thence in a southwesterly direction at right angles a distance of thirty-one and five tenth (31.5) in the westerly right of way line of the said Terre Haute and Logansport Railway...

Also:

Beginning at a point seven and sen tenths (7.7) feet... is a... from the center line of the ... is a ___erly ___ from the center line of the ...

The... a part of this agreement

The...and as the... the railroad of the... fiirst part and ...

The... of the second part... of this agreement.

The Party of the first part further agrees to permit the party of the second part to maintain same. The main and side track at the northerly end of the Ice houses as shown on on the attached point and the shute for the purpose of delivering ice from the lake into the Ice houses. It is further agreed that when said shute is rebuilt shall be constructed and maintained at a clear distance of not less than twenty-two (22) feet above the ____ of the rails of the main and side tracks at the point above mentioned and that it shall be maintained in a manner entirely satisfactory to the said party of the first part ir its duly authorized represemntatives.

It is further agreed that the said party of the first part shall not be held liable at anytime in any way for any loss or damage to said buildings _ _ of any _l_n_e in aliginment of grade of the tracks of the said party of the first part as above described.

The party of the second part further agrees that at such time as it becomes necessary to make removal of the existing buildings now leased on the land as above described that no buildings or part thereof shall be erected or maintained within a distance of ten (10) feet centered at right angles from the center line of the main track above referred to or within a distance of seven (7) feet from the center line of the side track above referred to.

It is further agreed by the party of the second part that they shall construct and maintained in a manner _ to the said party of the first part and is _ with plans to be furnished by the said party of the first part _table drain adjecant to the main and side tracks as _ described and underneath the same for the purpose of properly draining from the right of way in the vicinty of the Ice Houses all surface water or water which may accumutate by the melting of Ice stored in the ice houses where described.

The party of the second part further agrees to protect and save harmless the party of the first part from any loss or damage to any pe_ or pursant or property which may be _ by the neglience of any employe or employees of the said party of the second part.

In witness whereof, the parties hereto have caused this contract to be exectued in duplicate as of the day and year first first above written.

    Terre Haute & Logansport Railway Company.
    by Volney T. Malon, Trustee
    Maxinkuckee Lake Ice Company.
    by W. M. Hollingsworth, President attest: J. H. Reames, Secretary