HomeMy WebLinkAbout#1587- Deed; GRANT OF TEMPORARY EASEMENT A part of lot 214 as shown in Bowmans 6th Addition,northeast corner along the east lineGRANT OF PERPETUAL EASEMENT a
part of lot 214 as shown on
the plat of Bowman`s 6th
addition to the City of South
Bend; beginning at the
northeast corner of said lot
214; thence south along the
east line of said lot, 47.00
feet.
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GRANT OF PERPETUAL EASEMENT 013te J�
'`DRAINAGE -- BOWMAN CREEK
This Indenture is made this C23_ day of , 1992,
by and between Donald�E1. and Vicki Black, (herein dfter "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 214 as shown on the plat of Bowman' s
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6th Addition to the City of South Bend, Indiana
recorded July 24, 1902 in Plat Book 8, page 89 in
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the Office of the Recorder of St. Joseph County,
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Indiana, described as follows:
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Beginning at the northeast corner of said lot 214;
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thence south along the east line of said lot, 47.00
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feet; thence southwesterly to a point on the west
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line of said lot, 61.00 feet south of the northwest
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corner of said lot 214; thence north along the west
w
line of said lot, 61.00 feet to the northwest
corner of said lot 214; thence east along the north
line of said lot, 24.00 feet to the point of
❑
beginning.
Key No.
187040(1588)
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.
M
Grantee 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.
PROPDES/#214
GRANT R(S)
145 � �1'411 Z/X � 0- �' V
Donald Black
0—a-, a
Vicki Black
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AUG 10 1992
BVARU df NUBM WORKS
SANDRA M. PARMERIEE, Ulm
P
STA"P"TE OF INDIANA )
COUNTY OF ST. JOSEPH ) SS.
Before me, the undersigned, a Notary Public in and for said County
and State, personally appeared Donald E. and Vicki Black, 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 ;';"5 day of ,
1992.
(Written Signature)
C. 8 //j
(Printed Signature)
My' `Qmmsc�n 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
14' ALLEY
34.0'
South limit at
Temp. Const.
34,0'
FOX STREET I60' R/WJ
20 0 10 20
GRAPHIC SCALE
91006.13\LOT214
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 O
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.
Key No:
Street Address:
Description:
Owner's Name:
Address;
187040{15881
211 EAST FOX ST.
LOT 214 BOWMANS 6th.
BLACK, DONALD E. a VICKI
P.O. BOX 172
South Bend, IN 46624
EXHIBIT No. 1
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