HomeMy WebLinkAbout#1588- Deed; GRANT OF PERPETUAL EASEMENT Beginning at the northeast corner of said lot 215GRANT OF PERPETUAL EASEMENT
part of lot 215 as shown on
the plat. of Bowman's bth
addition to the City of South
Bend, beginning at the
northeast corner of,.4said lot
215.
GRANT OF PERPETUAL EASEMENT
j; DRAINAGE -- BOWMAN CREEK
This -:Indenture is made this day of , 1992,
by and between Betty°Carter, (hereinafter "Grant (s)") and the Civil
City of South Bend, Indiana (hereinafter "Grantee").
For and in consideration of the Grantee's agreement to reconstru
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
the reconstruction, reinforcement, widening, improvement, operatio
and maintenance of Bowman Creek, together with the right of ingre
and egress from said easement for the purpose of reconstructing,
u.er;
g P P g r
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 215 as shown on the
plat of Bowman's
M
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,
4/
L y
Indiana, described as follows:
Z
Beginning at the northeast corner
of said lot 215;
®
a
thence south along the east line
of said lot 215,
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42.00 feet; thence southwesterly
to a point on the
LIJ
west line of said lot, 47.00 feet
south of the
W
w
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northwest corner of said lot 215;
thence north
t
'y
Ca
along the west line of said lot,
47.00 feet to the
ca
northwest corner of said lot 215;
thence east along
the north line of said lot, 34.00
feet to the point
of beginning.
Key No. 187040(1589)
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.
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/#215
GRANTOR Betty ,
._
YJLMb
AUG 10 1992
BOARD Ok atlB11C WORKS
qNORA M. PARMERLEE, Clerk
STATE OF _LNDIANA
COUNTY OF ST. JOSEPH
}
SS:
Before me, the undersigned, a Notary Public in and for said County
and State, personally appeared Betty Carter, 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.
a2-'Z
(Printed Signature)
M Commission Expires:
7
This instrument was prepared by
Attorney, 1400 County -City Building,
BPW3/EAS-FORM
Mary Hall Mueller,- A BCity
South Bend, IN 4601.
14' ALLEY
34.0'
W
34.0'
FOX STREET (60' R/W)
20 0 10 20
GRAPHIC SCALE
90006.13\LOT215
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
R
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: 18704011589)
Street Address: 213 EAST FOX ST,
Description: LOT 215 BOWMAN'S 6th
Owner's Name: CARTER, BETTY
Address: 2114 S. St. Joseph
South Bend, IN 46613
EXHIBIT No. 1
S2
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