HomeMy WebLinkAbout#1586- Deed; GRANT OF TEMPORARY EASEMENT A part of lot 213 as shown on plat of Bowmans 6th Addtion,southerly along the east lineGRANT OF PERPETUAL, EASEMENT A
part of lot 213 as shown on
the plat of Bowman's 6th adkdition
to the City of South Bend, beginning
at a point on the east line of said
lot, 17.00 feet south of the
northeast corner of said lot
213, thence southerly along
the east line of said lot.
9230906
GRANT OF PERPETUAL EASEMENT
.:DRAINAGE -- BOWMAN CREEK
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Date
This Indenture is rude this 4�day of , 1992,
by and between Clifford and Edith Keeton, (her nafter "Grantor(s)")
and the Civil City of South Bend, Indiana (he einafter "Grantee").
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For and in consideration of the Grantee's agreement to reconstruct k
and improve a segment of Bowman Creek located on or adjacent to
Grantor(s) real estate, Grantor(s) hereby grant(s) and convey(s) tov'�
Grantee a ..ti_.,
perpetual easement at the location hereinafter set forth f
the reconstruction, reinforcement, widening, improvement, operation ?s
and maintenance of Bowman Creek, together with the right of ingress
and egress from said easement for the purpose of reconstructing,.
improving, repairing and maintaining said Bowman Creek and other
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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 213 as shown on the plat of Bowman's
6th Addition to the City of South Bend, Indiana
recorded July 24, 1902 in Plat Book 8, page 89 in
the Office of the Recorder of St. Joseph County,
Indiana, described as follows:
Beginning at a point on the east line of said lot,
17.00 feet south of the northeast corner of said
Lot 213; thence southerly along the east line of
said lot, 16.00 feet; thence westerly parallel with
and 33.00 feet south of the north line of said lot,
34.00 feet to the west line of said lot 213; thence
northeasterly to the point of beginning.
Key No.187040(1584)
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.
DDLY ENTERED FOR T,gXA i ION
BEVERLY D. CRONE
ST. JOS PHD�OR
U.
--ee will restore the area disturbed by
as good or better than the original condition
improvements to be made to Bowman Creek.
its work to a condition
consistent with the
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.
BPW3/#213
GRANTOR(S)
As the widow of
Clifford KeetoryG%�
Edith Keeton
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AUG 10 7992
BOARD OF PUBLIC WORKS
SANDRA M. PARMEREEE. Clerk
'NDZAMA
COUNTY OF ST. JOSEPH
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Before me, the undersigned, a Notary Public in and for said County
and State, personally appeared Clifford and Edith Keeton, 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 Azday of
1992.
(Written T%ignature
4x) (&61j&0
(Printed Signature)
My Commission Expires:
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This instrument was prepared by Mary Hall Mueller, Assistant City
Attorney, 1400 County -City Building, South Bend, IN 46601.
BPW3/EAS-FORM
I - JuSEPH CU- INf)14
ST. JOSEPH ST. (60' R/W)
33.0'
LAWSON—FISHER ASSOC.
525 W. WASHINGTON
SOUTH BEND, IN 46601
PH. (219) 234-3167
LEGEND
PERMANENT
EASEMENT
TEMP. CONST.
EASEMENT
EXISTING
BUILDING
ITEM TO BE
G
REMOVED
DESCRIPTION OF EASEMENT
A permanent easement as shown
hereon for the installation and
maintenance of fhe improved
channel for Bowman Creek.
This easement area shall be
mointained free and clear of
any structure that would retard
fhe free flaw of storm water.
Key No: 187040(15841
Street Address: 2114 SOUTH ST. JOSEPH ST.
Description: N. 33' Lots, 211, 212 & 213 BOWMANS 6TH
Owner's Nome: KEETON, CLIFFORD a EDITH
Address: 2114 S. St. Joseph
20 0 10 20 South Bend, IN 46613
GRAPHIC SCALE
91005.13\L0T211N
EXHIBIT No. 1
t . JOSEPH CO, tNri�atv�
3Q906-