HomeMy WebLinkAbout#1582- Deed; GRANT OF TEMPORARY EASEMENT Lot 221 between line 42' south of parallel, most northerly side of exisiting frame houselS`5Z
GRANT OF TEMPORARY EASEMENT
That part of said lot 221 lying
between a line 42' south of and
parallel with the north line of
said lot and the most northerly
side of the existing frame
house on side lot.
GRANT OF TEMPORARY EASEMENT
CONSTRUCTION -- BOWMAN CREEK PROJECT
THIS INDENTURE is made this _f&-day of , 1992,
by and between Jack A. and Betty K. McKelvey,sole remaining heirs to
the estate of Mainier Leroy and Pearl McKelvey, deceased, (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:
That part of said lot 221 lying between a line
42.00 feet south of and parallel with the north
line of said lot and the most northerly side of the
existing frame house on 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.
Tne ra.gnzs 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.
[FILIct
AUG 101992
BOARD Of PUBLIC WORKS
SANBRA M. PARMERI.EE. Clerk
GRANTOR(S)
U
Ja 4 A. McKelvey
Betty K. AKelvey
Sole remaining hers to the estate
of Mainier Leroy and Pearl
McKelvey, deceased
STATE OF INDIANA )
SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said County
and State, personally appeared Jack A. and Betty K. McKelvey,
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 day of ,
1992.
Resident of
My Commission Expires:
/
This instrument was prepared by Mary Hall Mueller, Assistant City
Attorney, 1400 County -City Building, South Bend, IN 46601.
PROPDES/#221
14' ALLEY
Ad r1'
South limit of
Temp. Const.
LAWSON—FISHER ASSOC.
525 W. WASHINGTON
SOUTH BEND, IN 46601
PH. (219) 234-3167
LEGEND
PERMANENT
®
EASEMENT
:RAME
TEMP. CONST.
;HED
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.
34.0'
FOX STREET 160' R/WI
Key No: 187040(1595)
Street Address: 231 EAST FOX ST.
Description: LOT 221 BOWMAN'S 61h
Owner's Name: McKELVEY, MAINER LEROY 8 PEARL
Address: 502 East Calvert St.
20 0 10 20 South Bend, IN 46613
GRAPHIC SCALE EXHIBIT No. I
91006.13\LOT221