HomeMy WebLinkAbout#1631- Deed; GRANT OF PERPETUAL EASEMENT 218 Bowmans 6h Addition�.g /,�z /
GRANT OF PERPETUAL EASEMENT A
part of lot 218 as shown on
the plat of Bowman`s 6th
Addition to the City of South
Bend; alstrip of land 42.00
feet in length, norht and
south, taken off of and from
the entire north end of said lot
218
GRANT OF PERPETUAL EASEMENT
A
DRAINAGE INAGE BOWMAN CREEK`
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This indenture is made this day of �U(�Uj% 1992,
by and between Perry N. Lawson and Minion J. Lawson, husband and wife
Y (hereinafter "Grantor(s)") and the Civil City of South Bend, Indiana
} "Grantee"
�.., (hereinafter )
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 218 as shown on -the plat of Bowman's
oth 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:
A strip of land 42.00 feet in length, north and
south, taken off of and from the entire north end
of said lot 218.
Key No. 187040(1.592)
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; provided, however, that Grantor(s)
may retain the existing garage in its present location, which is
partially on the area of permanent easement granted herein, until and
unless future widening of Bowman Creek requires the removal of the
structure.
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.
stantee 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; provided,
however, that Grantor(s) shall be permitted to construct a wood deck
which extends no more than five (5) feet over the easement area so
long as the deck supports are not fixed to the easement area.
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
o! 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.
AUG 101992
BOARD Of PUBLIC WORKS
SANDRA M. PARMERLEE, Clerk
STATE OF INDIANA
COUNTY OF ST. JOSEPH
GRANT R(S)
,/P -)---2 — -
Perry- N . ,Lawson r
y�
Minion J . L/ wson
SS.
Before me, the undersigned, a Notary Public in and for said County
and State, personally appeared Perry N. Lawson and Minion J. Lawson,
husband and wife, personally known by me to be the Grantor(s) in the
above Grant of Perpetual Easement, and acknowledged the execution of
the same as their voluntary act and deed.
WITNESS my hand and Notarial Seal. this 16- day of !'i
1992.
(written Signature)
(printed Signature)
Tf Coinii:'_ on Expires:
This instrument was prepared by Mary Hall Mueller, Assistant City
Attorney, 1400 County -City Building, South Bend, IN 46601.
BPW4/LAWSN-EAS
14' ALLEY
34.0'
Special Condition
Part of existing
Frm, Garage on
Perm. Ease_
allowed until sucl
time that additior
widening of creel
is required.
South limit of
Temp. Const,
-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 8E
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.
34.0'
FOX STREET 160' R/W}
Key No: 187040(1592)
Street Address: 223 EAST FOX ST.
Description: LOT 218 BOWMAN'S 6th
Owner's Name: LAWSON, PERRY N. 8 ELLIE 8 MINION J
20 O 10 20 Address: 223 East Fox St.
South Bend, IN 46613
GRAPHIC SCALE
940064._0T21a EXHIBIT No. I
9311709
ST3
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