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Home My WebLink About#1584- Deed; GRANT OF TEMPORARY EASEMENT Southeast corner of lot 6815 YI/ GRANT OF PERPETUAL EASEMENT A part of lot 68 as shown on the plat of Bowman's 4th addition to the City of South Bend; beginning at the SE corner of said lot 68; thence westerly along the south line of said lot; 25 feet; thence northeasterly to the northeast corner of said lot 68; thence southerly along the east line of said lot, 42.67 feet to the point of beginning. 9ti30904 GRANT OF PERPETUAL EASEMENT Ta tlg Urt)$ _ - i ? ; DRAINAGE -- BOWMAN CREEK Date,�u;,., This ..Indenture is made this Z7— day of 1992, by and between William Vogler, (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 perpetual easement at the location hereinafter set forth for the reconstruction, reinforcement, widening, improvement, operation and maintenance of Bowman Creek, together with the right of ingress to and egress from said easement for the purpose of reconstructing, improving, repairing and maintaining said Bowman Creek and 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, more particularly described as follows: A part of lot 68 as shown on the plat of Bowman' s 4th Addition to the City of South Bend, Indiana recorded June 26, 1899 in Plat Book 7, page 40 in the Office of the Recorder of St. Joseph County, Indiana, described as follows: Beginning at the southeast Corner of said lot 68; thence westerly along the south line of said lot, 25.00 feet; thence northeasterly to the northeast corner of said lot 68; thence southerly along the east line of said lot, 42.67 feet to the point of beginning. The easement rights granted herein shall pertain to the air, surface, and subsurface rights and interests 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 general purpose of this conveyance as the same has hereinabove been expressed. The easement hereby granted is for the benefit of the City of South Bend and expressly includes the right and privilege at reasonable time to clean and remove from said easement timber, brush, debris, structures or other obstructions interfering with the operation of Bowman Creek and the free flow of storm water. Grantee shall have the right of ingress or egress over Grantor's real estate adjoining said easement when necessary to install, construct, operate, maintain, adjust, replace, repair, alter, remove, or modernize the Bowman Creek improvements. �; N, to1A oJj.�`i EN -EgpED D©��pNE �Y 8E� E ,�C)11 �� joSEP" G0. `NpIANA d Grantee will 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. Grantor(s) reserve(s) the right to use the surface area of the easement provided that such use does not disrupt or disturb the improvements made by the Grantee. Grantor(s) shall not erect any structure on the easement area or allow any object to be placed thereon that would retard the free flow of storm water. The easement granted herein and its associated benefits and obligations, shall constitute covenants running with the real estate, and shall be binding upon the Grantor(s) and be an obligation thereof of every person or entity now or hereafter having any fee, leasehold, or other interest in all or any part of the said real estate. This indenture shall bind and inure to the benefit of the respective successors and assigns of the parties hereto. Grantor(s) hereby release(s) any and all claims from whatsoever cause, incidental to the exercise of any rights herein granted. IN WITNESS WHEREOF, the said Grantor(s) has/have executed this Grant of Perpetual Easement on the date shown in the acknowledgment set forth herein. PROPDES / ## 6 8 GRANTOR(S) William Vogler LFJLZ 0 AUG 101992 BOARD Of OUSHU WORKS SANDRA M. PARMERLEE. Clerk •�le��, yr 1NlliANA COUNTY OF ST. JOSEPH ) SS: Before me, the undersigned, a Notary Public in and for said County and State, personally appeared William Vogler, personally known by me to be the Grantor(s) in the above Grant of Perpetual 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. My Commission Expires: (Written Signature) &k) 6wt_-() ( Printed Sic(nature) 3 This instrument was prepared by Mary Hall Mueller, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. BPW3/EAS-FORM MICHIGAN ST. 100' R/W 42.67, w J Q 42.67' 91006.13\L0T68 ALLEY LAWSON—FISHER ASSOC. 525 W. WASHINGTON SOUTH BEND, IN 46601 PH. (219) 234-3167 LEGEND PERMANENT EASEMENT TEMP. CONST. EASEMENT 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. O This easement area shall be `n maintained free and clear of any structure that would retard the free flow of storm water. A temporary construction ease- ment from the east lot line as shown for the regrading, realignment and construction of the Bowman Creek Channel. • • 10 20 GRAPHIC Key No: 187035114071 Street Address: 2212 S. MICHIGAN ST. Description: LOT 66 BOWMAN'S 41h Owner's Name; VOGLER WILLIAM Address: 2212 S. Michigan St. South Bend, IN 46613 EXHIBIT No. I 923090.1