HomeMy WebLinkAbout#1574- Deed; GRANT OF TEMPORARY EASEMENT Part of lot 69 & 70 to the City of South Bend1 IS7y
GRANT OF TEMPORARY EASEMENT
Part of lot 69 and part of lot
70 of Bowman's 4th addition to
the City of South Bend.
GRANT OF TEMPORARY EASEMENT
CONSTRUCTION -- BOWMAN CREEK PROJECT
THIS INDENTURE is made this �{jyc-day of , 1992,
by and between Discount Muffler & Tire, Inc., Lhereik6fter
"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 sec
anent of Bowman Creek, located on or adjacent to
Grantor(s) real estate, Grantor(s) hereby grant(s) and convey(s) to
Grantee temporary easements at the locations hereinafter set forth and
described to allow for the installation, construc-ti.on and imp=ovem(--n,t
to Bowman Creek and related facilities, together with the right of
ingress to and egress from said easements 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. 69 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:
Beginning at the northeast corner of said lot 69;
thence south along the east line of said lot, 42.67
feet to the southeast corner of said lot 69; thence
west along the south line of said lot, 40.00 feet;
thence northeasterly to the point of beginning.
and
A part of lot 70 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:
Beginning at the northeast corner of said lot 70;
thence south along the east line of said lot, 42.67
.feet to the southeast corner of said lot 70; thence
west along 'the south line of said lot, 80.00 feet;
thence northeasterly to a point on the north line
of said lot, 40.00 feet west of the northeast
corner of said lot; thence east along the north
line of said lot, 40.00 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
�.rantee 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 easements hereby granted
are for the benefit of the City of South Bend, Indiana, and expressly
includes the right and _privilege to clean and remove from said
easements 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 easements 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 easements 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.
[FJLLTi-c�!43b
AUG 101992
BOARD OF PUBL►C WORKS
S41lDRA M. PARMERLEE, Clerk
GRANTOR(S)
DISCOUNT MUFFLER & TIRE, INC.
By: � P
Nicholas P. Bruckner
President
STATE OF INDIANA )
} SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said County
and State, personally appeared Nicholas P. Bruckner, 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 aad Notarial Seal this Z—day of . ZlzZ
1992.
Written Signature)
Resident of S% /0 l C 6).
5 M-Y-11 m . P�112m6U-C--E-
(Printed Signature)
My Commission Expires:
7-,�y - i6
This instrLunent was prepared by Mary Hall Mueller, Assistant City
Attorney, 1.400 County -City Building, South Bend, IN 46601.
BPW4/TEM-EAS
MICHIGAN ST. 100' R/W
42.67'
NUM
q
U)
Q0
0
0
42.67'
ALLEY
91006.13\40T69
6
Uj
N
LAWSON— FISHER ASSOC.
525 W. WASHINGTON
SOUTH BEND, IN 46601
PH. (219) 234-3167
LEGEND
PERMANENT
EASEMENT
VZZI
TEMP. CONST,
EASEMENT
EXISTING
BUILDING
�Ll�
ITEM TO BE
O
REMOVED
DESCRIPTION OF EASMENTS
A permanent easement as shown
hereon for the installation and
maintenance of the improved
channel for Bowman Creek.
o r
The easement area shall be
Uri w
maintained free and clear of
I
any structure that would retard
Q
the free flow of storm water.
A temporary construction ease-
ment from the permanent ease-
ment Ilene to the east lot line
as shown for the regrading,
realignment and construction of
the Bowman Creek Channel.
20 0 10 20
GRAPHIC SCALE
Key No: 18703511408)
Street Address: 2222 S. MICHIGAN ST.
Description: LOT 69 BOWMAN'S 4th
Owner's Name: DISCOUNT MUFFLER & TIRE
Address:3400 Old Cleveland Rd.
South Bend, 1N 46628
EXHIBIT No. 1
CHIGAN Si. 100` R/W
42.67'
70
0
Ln
Q0
to Remain
42.67'
ALLEY
91006.13\LOT70
6
00
I•
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
G
REMOVED
DESCRIPTION OF EASMENTS
A permanent easement as shown
hereon for the installation and
maintenance of the improved
channel for Bowman Creep.
O The easement area shall be
Sri maintained free and clear of
any structure that would retard
the free flow of storm water_
A temporary construction ease-
ment from the permanent ease-
ment line to the east lot line
as shown for the regrading,
realignment and construction of
the Bowman Creek Channel.
20 0 10 20
GRAPHIC SCALE
Key No:
Street Address:
Description:
Owner's Name:
Address:
187035(1409)
2222 S. MICHIGAN ST.
LOT 70 BOWMAN'S 4th
DISCOUNT MUFFLER 8 TIRE
3400 Old Cleveland Rd.
South Bend, IN 46628
EXHIBIT No. I