HomeMy WebLinkAbout#1575- Deed; GRANT OF TEMPORARY EASSEMENT South along east line to intersection with easterly projection on north side of frame house�15�5
GRANT OF TEMPORARY EASEMENT
Bowman Creek Project. South
along the east line of said lot to its
intersection with the
easterly projection of the
North side of an existing frame
house; thence westerly along
the irregular north line of
said lot; thence north along
the west line of said lot to a
point 61.00 feet south of the
northwest corner of said lot;
thence northeasterly to the
point of beginning.
GRANT OF TEMPORARY EASEMENT
CONSTRUCTION -- BOWMAN CREEK PROJECT
THIS INDENTURE is made this Jz_ day of 0-o lI , 1992,
by and between Donald E. and Vicki Black ( 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:
Beginning at a point on the east line of said lot,
47.00 feet south of the northeast corner of said
lot 214; thence south along the east line of said
lot to its intersection with the easterly
projection of the north side of an existing frame
house; thence westerly along the irregular north
side of said house and its projections to the west
line of said lot; thence north along the west line
of said lot to a point 61.00 feet south of the
northwest corner of said lot; thence northeasterly
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
v
L-juction 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.
yJ1JZb
AUG 101992
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 Donald E. Black and Vicki Black,
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 A3 day of ,
1992.
(Written Signature)
Resident of i
Alld
(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/#214
14' ALLEY
34.0'
South limit of
Temp_ Const.
34.0'
FOX STREET (60' R/W)
GRAPHIC SCALE
91006.13\LOT214
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 EASEMENTS
A permanent easement as shown
hereon for the installation and
maintenance of the improved
channel for Bowman Creek.
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 permanent ease-
ment line south to the face of
house as shown.
Key No
Street Address
Description
Owner's Name
Address
167040(1588)
211 EAST FOX ST.
LOT 214 BOWMANS 61h.
BLACK, DONALD E. 8 VICKI
P.O. BOX 172
South Bend, IN 46624
EXHIBIT No. 1