HomeMy WebLinkAbout#1487- Deed; GRANT OF TEMPORARY EASEMENT North 20 feet of lot 11 in Coquillards First Addition to the City of South BendGRANT OF TEMPORARY EASEMENT
The north 20 feet of Lot 11 in
Coquillard's First Addition to
The City of South Bend.
GRANT OF TEMPORARY EASEMENT
STORM SEWER
THIS INDENTURE made this I7��day of `7AKO�P-w ,
199 , 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 Grantor 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 for the installation and construction of a storm sewer L:J
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 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 20 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.
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 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 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
surface for the purposes and intentions hereinabove expressed.
This indenture shall terminate upon Grantee's completion of the
installation of the storm sewer system within the following described
easement area:
The South 30 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. Joseph County, Indiana.
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 convey
and that it is free of all encumbrances that would conflict with the
right herein granted.
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 exe this Grant of
Perpetual Easement for storm sewer sy71177
e shown in the
acknowledgment set forth herein.
John Fr
STATE OF INDIANA )
} SS:
COUNTY OF ST. JOSEPH )
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.
WITNESS my hand and Notarial Seal this day of 2y ►
1991.
I LA
(Written Signature)
= �e6AJ CXp/ems..
( Printed Signature)
`fL Nr 0i S �. `JZYG�K 06 .
This instrument was prepared by Mary Hall Mueller, Assistant City
Attorney, 1400 County -City Building, South Bend, IN 46601.
BPW3/EASE-SEW
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