HomeMy WebLinkAbout#1572- Deed; GRANT OF TEMPORARY EASEMENT The part of lot 66 lying between east & south dife of frame garageill S7z
GRANT OF TEMPORARY EASEMENT
Part of lot 66 as shown on the
plat of Bowman's 4th addition
to the City. That part of said
lot 66 lying between east and south lines
of said lot and the east and south sides of
the existing frame garage on said
lot.
GRANT OF TEMPORARY EASEMENT
CONSTRUCTION -- BOWMAN CREEK PROJECT
THIS INDENTURE is made this 5�h day of Ju•2e , 1992,
by and between George F. and Jane E. Ebright (hereinafter
"Grantor(s)"), and the Civil City of South Bend, Indiana (hereinafter
"Grantee").
For and in consideration of the Grantee's agreement to reconstruct
and improve a segment of Bowman Creek, located on or adjacent to
Grantor(s) real estate, Grantor(s) hereby grant(s) and convey(s) to
Grantee a temporary easement at the location hereinafter set forth and
described to allow for the installation, construction and improvement
to Bowman Creek and related facilities, together with the right of
ingress to and egress from said easement for the purpose of
installing, constructing and improving Bowman Creek or other
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:
A part of lot 66 as shown on the plat of Bowman's
4th Addition to the City of South Bend, Indiana
recorded June 26, 1899 in Plat Book 7, page 40 in
the Office of the Recorder of St. Joseph County,
Indiana, described as follows:
That part of said lot 66 lying between the east and
south lines of said lot and the east and south
sides of the existing frame garage on said lot.
The easement rights granted herein shall pertain to the air,
surface, and subsurface rights and interest of the Grantor(s), for
the use and benefit of the Grantee, to the nature and extent that the
Grantee may desire or need said air, surface and subsurface rights
and interests to reasonably accomplish and carry out the construction
of the improvements to Bowman Creek. The easement hereby granted is
for the benefit of the City of South Bend, Indiana, and expressly
includes the right and privilege to clean and remove from said
easement such timber, brush, debris, or other obstructions
interfering with Grantee's construction and improvement of Bowman
Creek.
Grantee shall have the right of ingress or egress over Grantor's
real estate adjoining said easement to facilitate the installation,
construction, and improvement of Bowman Creek and related facilities.
Grantee agrees to restore the area disturbed by its work to a
condition as good or better than the original condition consistent
with the improvements to be made to Bowman Creek.
The Grantor(s) reserve(s) the right to use and occupy the surface
area on and over the temporar— easement during the period of
construction 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.
The rights granted by this indenture shall terminate upon
Grantee's completion of the Bowman Creek Improvement Project but in
no case later than December 31, 1993.
IN WITNESS WHEREOF,
of Temporary Easement on
forth herein.
said Grantor(s) has/have executed this Grant
the date shown in the acknowledgment set
[FiLIET)
AUG 101992
BOARD Of PUBLIC WORKS
STATE AOFRA 2 M.
l�
PARMERLEE, Cler
SS:
COUNTY OF ST. JOSEPH
Before me, the undersigned, a Notary Public in and for said County
and State, personally appeared George F. Ebright and Jane E. Ebright,
personally known by me to be the Grantor(s) in the above Grant of
Temporary Easement, and acknowledged the execution of the same as
his/her/their voluntary act and deed.
WITNESS my hand and Notarial Seal this 2� day of lv
1992.
(written signature)
Resident of S� �/QEE7/ -/ rckAl� _
(Printed Signature)
My Commission Expires:
This instrument was prepared by Mary Hall Mueller, Assistant City
Attorney, 1400 County -City Building, South Bend, IN 46601.
PROPDES/#66
MICHIGAN ST. 100' R/W
42.67'
XIST, FR
ARAGE
0 BE/
ROTECTE
42.67'
91006.13\LOT66 ALLEY
LAWSON—FISHER ASSOC.
525 W. WASHINGTON
SOUTH BEND, IN 46601
PH. (219) 234-3167
LEGEND
PERMANENT
EASEMENT
TEMP. CONST.
EASEMENT
EXISTING
!%
BUILDING
ITEM TO BE
O
REMOVED
DESCRIPTION OF EASEMENT
A temporary construction easement
3
as shown for the regrading,
realignment and constructin of the
Bowman Creek Channel.
O �
v7
X
O
LL
GRAPHIC SCALE
Key No: 1870350405)
Street Address: 110 E. FOX STREET
Description: LOT 66 BOWMAN'S 4th
Owner's Name: EBRIGHT, GEORGE F 8 JANE I
Address: 10181 E. Jefferson
Osceola, IN 46561
EXHIBIT No. 1