HomeMy WebLinkAbout#1581- Deed; GRANT OF TEMPORARY EASEMENT Part of said lot 220 & east 1' of lot 219 between line 42' most northerly side of frame house-JI-- /S -S/
GRANT OF TEMPORARY EASEMENT
That part of said lot 220, and
the est V of said lot 21.9
lying between a lien 42' south
of and parallel with the north
line of said lots and the most
northerly side of the existing
frame house of said lot.
GRANT OF TEMPORARY EASEMENT
CONSTRUCTION -- BOWMAN CREEK PROJECT
THIS INDENTURE is made this 5 day of , 1992,
by and between Dennis D. Green (hereinafter "Gran or(s)"), and the
Civil City of South Bend, Indiana thereinafter "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:
That part of said lot 220, and the east 1.00 foot
of said lot 219 lying between a line 42.00 feet
south of and parallel with the north line of said
lots and the most northerly side of the existing
frame house of 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 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.
f�
AUG 10 1992
BOARD OF PUBLIC �aRRS
STATE OF IND�I59A R'l• PARMERLEE, Clerk
COUNTY OF ST. JOSEPH
GRANTOR(S)
Dennis D.-Green
} SS:
Before me, the undersigned, a Notary Public in and for said County
and State, personally appeared Dennis D. Green, 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
1992.
My Commission Expires:
e
�/ l�
this, ( day of ,
{W3, ten SignatureL
Resident of
Printed Signature
This instrument was prepared by Mary Hall Mueller, Assistant City
Attorney, 1400 County -City Building, South Bend, IN 46601.
PROPDES/#220
South limit o
Temp. Const.
14' ALLEY
35.0'
35.0'
FOX STREET (60' R/WI
20 0 10 2{�
GRAPHIC SCALE
91006.13\LOT220
Key No
Street Address
Description
Owner's Name
Address
LAWSON—FISHER ASSOC.
525 W. WASHINGTON
SOUTH BEND, IN 46601
PH. (219) 234-3167
LEGEND
PERMANENT
EASEMENT
TEMP. CONST. EASEMENT
ME„��
ITEM TO BE O
REMOVED
SHED TO BE a
INSTALLED
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.
1870400594)
227 EAST FOX ST.
LOT 220 a E. I' LOT 219 BOWMAN 6th
GREEN, DENNIS D.
1101 Champeau
South Bend, IN 46617
EXHIBIT No. 1