HomeMy WebLinkAbout#1573- Deed; GRANT OF TEMPORARY EASEMENT Northeast corner, southwesterly to a point on southeast corner.GRANT OF TEMPORARY EASEMENT
Beginning at the northeast
corner of said lot 68; thence
southwesterly to a point on the
southeast corner of said lot
68; thence west along the south
line of said lot.
GRANT OF TEMPORARY EASEMENT
CONSTRUCTION -- BOWMAN CREEK PROJECT
THIS INDENTURE is made this day of , 1992,
by and between William Vogler, (hereinafter "Grant (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:
Beginning at the northeast corner of said lot 68;
thence southwesterly to a point on the south line
of said lot, 25.00 feet west of the southeast
corner of said lot 68; thence west along the south
line of said lot, 20.00 feet; thence north parallel
with and 45.00 feet west of the east line of said
lot, 42.67 feet to the north line of said lot 68;
thence east along the north line of said lot, 45.00
feet to the point of beginning.
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 temporary 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, said Grantor(s) has/have executed this Grant
of Temporary Easement on the date shown in the acknowledgment set
forth herein.
GRANTOR(S)
V
AUG 10 1992 u�
BOARD OF PUBLIC WORKS
SANDRA M. PARMERLEE, Clerk
STATE OF INDIANA )
} SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said County
and State, personally appeared William Vogler 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 J_ day of
1992.
Resident of
Wri,tten SiQnj�iture
C
(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/#68
MICHIGAN ST. 100- R/W
42.67'
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N
Ld Un
J �.Q
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42.67'
91006J3\L0T68 ALLEY
LAWSON- FISHER ASSOC.
525 W. WASHINGTON
SOUTH BEND, IN 46601
PH. (219) 234-3167
LEGEND
PERMANENT
�77�
EASEMENT
TEMP. CONST.
EASEMENT
EXISTING
BUILDING
ITEM TO BE
REMOVED
DESCRIPTION OF EASEMENTS
A permanent easement as shown
o hereon for the installation and
O maintenance of the improved
channel for Bowman Creek.
4 This easement area shall be
" maintained free and clear of
any structure that would retard
the free flow of storm water.
A temporary construction ease-
ment from the east lot line as
shown for the regrading, realignment
and construction of the Bowman
Creek Channel.
20 0 10 20
o�
GRAPHIC SCALE
Key No: 18703511407)
Street Address: 2212 S. MICHIGAN ST.
Description: LOT 66 BOWMAN'S 4th
\ Owner's Name: VOGLER WILLIAM
Address: 2212 S. Michigan St.
South Bend, IN 46613
EXHIBIT No. 1