HomeMy WebLinkAbout#1579- Deed; GRANT OF TEMPORARY EASEMENT Part of lot 218 between line 42' south of parallel with north line irregular north side of frame garageGRANT OF TEMPORARY EASEMENT
That part of said lot 218 lying
between a line 42' south of and
parallel with the north line of
said lot and the irregular
north side of the existing
frame house on said ltrt,
excepting therefrom that part
occupied by an existing frame
garage.
GRANT OF TEMPORARY EASEMENT
CONSTRUCTION BOWMAN CREEK PROJECT
THIS INDENTURE is made this I s' day of A Ue 06 / 1992,
by and between Perry N. Lawson and Minion J. Lawson, husband and wife
(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 restate in the City of South Bend, St. Joseph County,
State of Indiana, briefly described as follows:
That part of said lot 218 lying between a line
42.00 feet south of and parallel with the north
line of said lot and the irregular north side of
the existing frame house on said lot, excepting
therefrom that part occupied by an existing frame
garage.
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.
'he 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.
AUG 101992
BOARD Of PUBLIC WORKS
SANDRA M. PARMERLEE, Clerk
STATE OF INDIANA
COUNTY OF ST. JOSEPH
GRANTO7 (S )
Perry N, Lawson
�/�V
Mini on J . son
SS:
1
Before me, the undersigned, a Notary Public in and for said County
and State, personally appeared Perry N. Lawson and Minion J. Lawson,
husband and wife, personally known by me to be the Grantor(s) in the
above Grant of Temporary Easement, and acknowledged the execution of
the same as their voluntary act and deed. _
WITNESS my hand and Notarial Seal this ! day of
1992.
My Commission Expires:
i
_ (Wri-tten Signature )
Resident of A-1I
_SAN32., 1 /T) �APf)7f -.
(Printed Signature)
This instrument was prepared by Mary Hall Mueller, Assistant City
Attorney, 1400 County -City Building, South Bend, IN 46601.
BPW4/LAWSN-EAS
14' ALLEY
34.0'
Special Condition:
Part of existing
Frm. Garage on
Perm. Ease.
allowed until such
time that addition
widening of creeb
is required.
South limit of
Temp. Const.
34.0'
FOX STREET 160' R/WI
Key No:
Street Address:
Description:
Owner's Name:
20 0 10 20 Address:
GRAPHIC SCALE
91006.13\LOT210
LAWSON— FISHER ASSOC.
525 W. WASHINGTON
SOUTH BEND, IN 46601
PH. (2191 234-3167
LEGEND
PERMANENT
EASEMENT
TEMP. CONST.
EASEMENT
EXISTING
BUILDING
ITEM TO BE
O
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 cleor 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.
187040115921
223 EAST FOX ST.
LOT 218 BOWMAN'S 6th
LAWSON, PERRY N. 8 ELLIE a MINION J
223 East Fox St.
South Bend, IN 46613
XHIBIT No. 1