HomeMy WebLinkAbout#1583- Deed; GRANT OF TEMPORARY EASEMENT Lot 222 between line 42' most northerly side of frame houseGRANT OF TEMPORARY EASEMENT
That part of said lot 222 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 said lot.
GRANT OF TEMPORARY EASEMENT
CONSTRUCTION -- BOWMAN CREEK PROJECT
THIS INDENTURE is made this 6 day of 11%¢x 1992,
by and between Northern Oak Homes, Inc., (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 222 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.
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.
Lr'diait
b
AUG 10 1992
BOARD OF PUBLIC WogK�
SANDRA M. AARMEREEE, Clerk
STATE OF INDIANA
COUNTY OF ST. JOSEPH
GRANTOR(S)
NORTHERN AK HOMES, INC,
By
,1,2A _'15411,z�,
SS:
Before me, the undersigned, a o ry Pu lic in and or said County
and State, personally appeared Jr
personally known by me to be the rantor(s) in tWEV 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 �N day of ,
1992.
Resident of
My Commission Expires:
Jw�
dwi;,Itten Sicuiature_L
(Printed Signature)
This instrument was prepared by Mary Hall Mueller, Assistant City
Attorney, 1400 County -City Building, South Bend, IN 46601.
PROPDES/#222
14' ALLEY
33.0'
33.0'
FOX STREET 160' R/WI
20 0 10 20
GRAPHIC SCALE
9E006.k3\Iot222
LAWSON—FISHER ASSOC
525 W. WASHINGTON
SOUTH BEND, IN 46601
PH. J219) 234-3167
LEGEND
PERMANENT
EASEMENT
TEMP. CONST.
EASEMENT
EXISTING
BUILDING
ITEM TO BE G
REMOVED
DESCRIPTION OF EASEMENTS
A permanent easement as shown
r hereon for the installation and
D
maintenance of the improved
channel for Bowman Creek.
This easement area sholl 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
187040115961
233 EAST FOX ST.
LOT 222 BOWMAN'S 6th
NORTHERN OAK HOMES INC
1516 Evergreen PL,
Elkhart, IN 46514
EXHIBIT No. I