HomeMy WebLinkAbout#1488- Deed; GRANT OF TEMPORARY EASEMENT South 30 feet of the north 50 feet of lot 11GRANT OF PERPETUAL EASEMENT
The south 30 feet of the NOrth
50 feet of Lot 11 in
Coquillard's First Addition to
the City of South Bend.
GRANT OF PERPETUAL EASEMENT
r
STORM SEWER
THIS INDENTURE made this day of
199g,, by and between John Friedline (hereinafter "Grantor"), and th
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 perpetuall:-:.
easement of the nature and at the location hereinafter set forth an
described for the installation, construction, operation, maintenanc
adjustment, replacement, repair, alteration, removal, modernization';,hrx
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 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 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 Additioni is recorded in Plat Book
2, Page 45, 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 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
' f or the purposes and intentions hereinabove expressed.
Tne 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 now 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
o
and that it is free of all encumbrances that dwould uconflicttwithnvey 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 ecu ed this Grant of
Perpetual Easement for storm sewer sys the ate shown in the
acknowledgment set forth herein.
John Fri
STATE OF INDIANA
COUNTY OF ST. JOSEPH ) SS
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 /7 day of �J�NU
1991.
(Written Signature)
+' •, tj ( Printed Signature)
_ . .,.,, �. ... J .�i�r CMG IUD
Thi`s"iI rument was prepared by Mary Hall Mueller, Assistant Cit
Attorney, 1400 County -City Building, South Bend, IN 46601. y
BPW3/EASE-SEW
D204 4'70