HomeMy WebLinkAbout#1468- Deed; GRANT OF EASEMENT Storm sewer; South 20 Ft. of the North 50 Ft. of Lot 11 in Coquilaard's Fist add to the City of So. BendGRANT OF EASEMENT (temp)
Storm Sewer; South 20 feet of
the North 50 feet of Lot 11 in
Coquillard's First Addition to
the City of South Bend
9112454
GP-ZuNT OF TEMPORARY EASEMENT
STORM SEWER
THIS INDENTURE made this day of
1991, by and between John Friedline (hereinafter "Grantor"), and thi
Civil City of South Bend, Indiana (hereinafter "Grantee").
El?.
WITNESSETH : ,-...,
E t:.
That for One Dollar (81.00) and other good and valuable
>,....:
consideration, the receipt of which Grantee hereby acknowledges,
Grantor hereby grants, conveys, and warrants to Grantee a temporary
easement of the nature and at the location hereinafter set forth and }
described to allow for the installation and construction of a storm
sewer system and related facilities, together with the right of
ingress to and egress from said easement for the g g purpose of
installing and constructing said system and other equipment or
facilities incident thereto, in, upon, over and under the followin
described real estate in the City of South Bend, St. Joseph County,
State of Indiana, briefly described as follows;
The South 20 feet of the North 50 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. ; seph County, Indiana. k�y#�/g-�J�b-yyT�, oa
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 Grantor's installation and construction
of the storm sewer system.
Grantee shall have the right of ingress or egress over Grantor's
real estate adjoining said easement when necessary to facilitate the
installation and construction of the storm sewer system and its
appurtenances.
Grantee will restore the area disturbed by its work to as near
the original condition as is reasonably practicable.
The Grantor reserves the right to use and occupy the surface area
on and over the easement provided that said use and occupancy does
riot in any way conflict or obstruct the Grantee's right to use said
surface 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,
ill be binding upon
of every person or entity
or other interest in all
the Grantors and be an obligation thereof
how or hereafter having any fee, leasehold,
or any part of the said real estate.
This indenture shall terminate upon Grantee's completion of the
installation of the storm sewer system within the following described
easement area:
The North 30 feet of 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.
Grantor hereby covenants with the City of South Bend that he is
lawffully 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
agains7- 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 hasl&xe�_-uted this Grant of
Temporary Easement for storm sewer system�6n the date shown in the
acknowledgment see
80ARD IF POW WORKS
�. .3 1991 John'Fr'dline
STATE OF INDI
COUNTY OF ST. JOS
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 Temporary
Easement, and acknowledged
the execution of the same as his
voluntary act and deed.
S
WITNESS my hand and Notarial
seal this —day of ,
(written Signature
h I ��yj /�/��} SR 1y ��� �� ! 1 1
%~I a) �L CSC
e,'1:�:�';. :'�► '
• f'
(Printed Signature)
cs � L - � • �J`bSLPW e j V ILI y
s� instrument was prepared by Jenny Pitts Manier, Chief
Assistant City Attorney, 1400 County -City Building, South Bend, IN
46601.
JPM/BPW2/EASE-SW2
9112454
F I LE N 0
nay
:16