#2673- Deed; GRANT OF TEMPORARY EASEMENT 20 ft off entire east end of the parcel

Home Browse Search

P-1/1 0/),092,Z, GRANT OF TEMPORARY EASEMENT u �' SANITARY SEWER AND WATER �Cf� THIS INDENTURE made this day of �, 2001, by and -- Kevin J Breen & Ronald Scott White of 61281 U S 31 S. and the Civil City of South Bend, Indiana, by and through its Board of Public Works (Grantee), in favor of the Civil City of South Bend, its successors and assigns. WITNESSETH: For good and valuable consideration, the receipt of which Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a temporary easement of the nature and at thelocation hereinafter set forth as described for the installation and construction of a sanitary sewer and water system and related facilities, together with the right of ingress to and egress from said easement for the purpose of installing and constructing said system and other equipment or facilities incidental thereto, in, upon, over and under the following described real estate in the City of South Bend, St. Joseph County, State of Indiana, briefly described as follows: The twenty feet (20') off of the entire east end of the parcel identified as Tax Key Number O1-1051-1367, Centre Township, St. Joseph County, Indiana. The easement granted herein shall pertain to the air surface and subsurface rights and interests of the Grantor, for the use and benefit of the Grantee, to the nature and extent that the Grantee may desire said air, surface and subsurface rights and interests to accomplish and carry out the general purpose of this conveyance as the same has hereinabove been expressed. The easement hereby granted is for the exclusive benefit of the City of South Bend, Indiana, and expressly includes the right and privilege at reasonable times to clean and remove from said easement such timber, brush, debris, or other obstructions interfering with installation and construction ofthe sanitary sewer and water systems. The Grantee shall restore that area disturbed by its works to as near the original condition as possible. Specifically, any landscaping or other structures damaged or removed as a result of the construction activity will be repaired or replaced, including driveway approaches and culverts. The drainage ditch will also be re -shaped and sodded. Landscaping, including trees, if replaced, will need to be replaced on your property. A 30' long barrier is to be erected across the front of the property in the general location of the two existing tress, to the north of the entry drive, consisting of either pressure -treated or cedar wood posts anchored in the ground. The posts are to be a minimum 8 inches square (8"), with cross ties that are a minimum 4 inches (4") square. The construction and existence of this barrier is no guarantee that it will be an effective barrier to prevent vehicle traffic, in the event of accidents, from going onto the property. The Grantor reserves the right to use and occupy the surface area on and over the easement provided that said use and occupancy does not in any way conflict or obstruct the Grantee's right to use said surface for the purposes and intentions hereinabove expressed. F 3