HomeMy WebLinkAbout#1467- Deed; GRANT OF EASEMENT N. 30 Ft. of Lott 11 in Coquillard's First Add. To the City of South Bend (recorded in Plat Book 2, Page 46 in Office of Recorder)# 1%7
GRANT OF EASEMENT N 30 feet of
Lot 11 in Coquillard's First
Addition to the City of South
Bend (Addition is recorded in
Plat Book 2, page 46 in office
of recorder of St. Joseph)
G
O -
GRANT OF PERPETUAL EASEMENT v
Ln s
STORM SEWER -
"_ ;
CA
THIS INDENTURE made this I day of
1991, by and between John Friedline (hereinafter "Grantor"), and the
Civil City of South Bend, Indiana (hereinafter "Grantee").
WITNESSETH:
That for One Dollar ($1.00) and other good and valuable
consideration, the receipt of which Grantee hereby acknowledges,
Grantor hereby grants, conveys, and warrants to Grantee a perpetual
easement of the nature and at the location hereinafter set forth and
described for the installation, construction, operation maintenance -
adjustment; replacement, repair, alteration, removal, modernization, r
and use of a storm sewer system and related facilities, together with
the right of ingress to and egress from said easement for the purpose
of installing, constructing, operating, maintaining, adjusting,
replacing, repairing, altering, removing, and modernizing said syste �r
and other equipment or facilities incident 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 North 30 feet of Lot 11 in Coquillard's First
Addition to the City of South Bend, Indiana, the
Plat of which Addition is recorded in Plat Book 2,
Page 46, in the Office of the Recorder of St. Joseph
County, Indiana. KEY#/8-51,26-W79.o�L.
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 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 the storm sewer system.
Grantee will restore the area disturbed by its work to as near
the original condition as possible.
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
for the purposes and intentions hereinabove expressed.
The easement granted herein and its associated benefits and
obligations, shall constitute covenants running with the real estate,
and shall be binding upon the Grantors and be an obligation thereof
of every person or entity how or hereafter having any fee, leasehold,
or other interest in all or any part of the said real estate.
This indenture shall bind and inure to the benefit of the
respective successors and assigns of the parties hereto.
The Grantor hereby covenants with the City of South Bend that he
is lawfully seized and possessed of the parcel of real estate
hereinabove described; that he has a good and lawful right to sell
and convey; that it is free of all encumbrances, and that he will
warrant and forever defend the title and quiet possession thereto
against the lawful claims of all persons whomseover.
Grantor hereby releases any and all claims from whatsoever cause,
incidental to the exercise of any rights herein granted.
IN WITNESS WHEREOF, the said Grantor has
Perpetual Eas�r system on
acknowledgmen
BOARD Of MBLIC WORDS
1 3-1991 /) John
STATE OF I NII .
SS:
COUNTY OF ST. JOSEPH )
ne
uted this Grant of
date shown in the
Before me, the undersigned, a Notary Public in and for said
State, personally appeared John Friedline, personally known by me to
be the Grantor in the above Grant of Perpetual Easement, and
acknowledged the execution of the same as his voluntary act and deed.
(�
WITNESS my hand and Notarial Seal this �' day of ,
(Written Signature
AJ-P.
��(Printed Signature;
��i�� u f s r, 2��He�•
This instrument was prepared by Jenny Pitts Manier, Chief
Assistant City Attorney, 1400 County -City Building, South Bend, IN
46601.
JPM/BPW2/EASE-SEWER
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FILE N').
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PRONOW,
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PLED f SK At . GRU
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City of South Bend
Joseph E. Kernan, Mayor
Department of Public Works
John E. Leszczynski, Director
May 10, 1991
Board of Public Works
1308 County -City Building
South Bend, IN 46601
Dear Members of the Board:
I submit the two attached storm sewer easements donated by Mr.
John Friedline to the City of South Bend for your review, approval
and recording.
one easement is a permanent easement, 30 feet in width and the
other a 20 foot temporary construction right-of-way easement,
parallel to the permanent easement.
These easements are a necessary part of the most crucial segment
of the first phase of the Corby/Twyckenham Storm Sewer Project,
proposed for letting of contract in the spring of 1991.
Thank you for you attention to this matter.
LDS:slcl
Attachment
Engineering
Michael Meeks. P.E.
284-9251
FAX (219) 284-9171
Scexely,
_
La
radli-t r y r Sr.
En ineering Aide
Bureau of Design and Administration
County -City Building • South Bend. Indiana 46601 • 219/284-9251
Environmental Services Equipment Services Transportation
John J. Dillon, Ph. D. Phil St. Clair Bill Penn
277-8515 284-9316 284-9444
FAX (219) 277-8980 FAX (219) 284-9007 FAX (219) 284-9007
Witter Works
Joseph Agostino
284-9322