HomeMy WebLinkAbout#1647- Deed; TEMPORARY EASEMENT Corby Lift StationAlGY9
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GRANT OF TEMPORARY EASEMENT
SANITARY SEWER - CORBY STREET LIFT STATION
THIS INDENTURE is made this Lql day of ; , 1993,
by and between Woodland, Inc., (hereinafter "Grantor") and the
Civil City of South Bend, Indiana (hereinafter "Grantee").
For and in consideration of One Dollars ($1.00) and other
valuable consideration, the receipt of which is hereby
acknowledged, Grantor hereby grants and conveys to Grantee a
temporary easement at the location hereinafter set forth and
described to allow the installation, construction and improvement
of a iift station and related facilities, together with the right
of ingress to and egress from said easement for the purpose of
installing, constructing and improving said lift station or 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, described as follows:
A parcel of land located in the Southeast Quarter
(SE1/4) of Section Five (05), Township Thirty Seven
(37) North, Range Three (03) East and all being in the
City of South Bend, Portage Township, St. Joseph
County, Indiana, and being more particularly described
as follows:
Commencing at the center of said Section Five (05);
thence East, along the north line of said Southeast
Quarter (SE1/4) of said Section Five (05), a distance
of 152.45 feet, thence South, parallel with the west
line of said Southeast Quarter (SEI/4) of Section (05),
a distance of 25.00 feet to a point on the south line
of a strip of land dedicated to the City of South Bend,
Indiana, by Woodland, Inc.; Morris Park Country Club,
as recorded in Book No. 176, Page 31, dated August 11,
1960, said point being the Point of Beginning of this
description; thence South parallel with said west line
of the Southeast Quarter (SE1/4) of Section Five (05) a
distance of 72.0 feet; thence East parallel with the
north line of said Southeast Quarter (SE1/4) of Section
Five (05), a distance of 62.00 feet, more or less to a
point on the west line of Lot No. 298 as shown on the
recorded plat of McKinley Terrace Addition as shown in
Record Book 18, Page Mc, thence South along the west
line of said Lot No. 298, a distance of 5.00 feet;
thence west, parallel with the north line of said
Southeast Quarter (SEl/4) of said Section Five (05), a
distance of 67.00 feet; thence North, parallel with the
west line of said Southeast Quarter (SE1/4) of Section
Five (05), a distance of 77.0 feet to a point on the
north line of said dedicated strip of land to the City
of South Bend, Indiana; thence East, parallel with and
PPPPPPP"
along said south line of said dedicated strip, a
distance of 5.00 feet to the Point of Beginning of this
description and containing 695 square feet, more or
less. Said easement being for the purpose of
constructing a sanitary sewer lift station and being
subject to release upon completion of said
construction.
The easement rights granted herein shall pertain to the air,
surface, and subsurface rights and interest of the Grantor, 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
construction of the lift station and related facilities. The
easement hereby granted is for the benefit of the City of South
Bend, Indiana, and expressly includes the right and privilege to
clean and remove from said easement such timber, brush, debris,
or other obstructions interfering with Grantee's construction and
improvement of the lift station.
Grantee shall have the right of ingress or egress over
Grantor's real estate adjoining said easement to facilitate the
installation, construction, and improvement of the lift station
and related facilities.
Grantee agrees to restore the area disturbed by its work to
a condition as good or better than the original condition
consistent with the installation of the lift station.
The Grantor reserves the right to use and occupy the surface
area on and over the temporary easement during the period of
construction provided that said use and occupancy does not in any
way conflict or obstruct the Grantee's right to use said surface
for the purposes and intentions hereinabove expressed.
The rights granted by this indenture shall terminate upon
Grantee's completion of the Corby Street sewer and lift station
property, but in no case later than December 31, 1994.
IN WITNESS WHEREOF, said Grantor has executed this Grant of
Temporary Easement on the date shown in the acknowledgment set
forth herein.
A KOV Eli
BURRO OF PUBLIC WORKS
AU 3
WINYWCOT1.9
WOODLAND, INC.
By ml4w Cr y
Michael L. Russo, President
4
Attest:
and Doo
1little,, Secretary
STATE OF INDIANA }
ST. JOSEPH COUNTY SS:
Before me, the undersigned, a Notary Public in and for
said County and State, personally appeared Michael L. Russo and
Richard Doolittle, President and Secretary respectively of
woodland, Inc., personally known to me to be the grantors in the
above Grant of Temporary Easement, and acknowledged the execution
of the same as their voluntary act or deed.
WITNESS my hand and Notarial Seal this �`-ITM- day of
.� V ► 1993.
:Rpa)pL+� C , SNe;&S+aERT Notary Public
A resident of St. Joseph County,
Indiana.
My Commission Expires:
t12� ! .3 i � I 9
This instrument was prepared by Mary Hall Mueller, Assistant City
Attorney, 1400 County —City Building, South Bend, IN 46601.
temeas.mpc
V
No.
OWNER: Woodland, Inc.
SHEET 2 OF 2
N0.
Morris Park County Y Club
DRAWN BY: J.W.F.
P�a��cT
ROAD N0. Corby Street DEED RECORD:176 PAGE:31 DATED: 8-1 1 �-60
DATE: 6--12-93
COUNTY: St. Joseph
CHECKED BY. A.HOLT
SECTION: 5
DATE: 6-1 4---93
TOWNSHIP: 37 North
SCALE:1 "=50'
RANGE: 3 East
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CORBY STREET
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Center Of Sec-5 T37N R3E
North Line SW1 /4 Sec.5 T37N R3E C21 4.45'
152.45'
62, 00'
25' Wide Dedication
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Book 176, Page31
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LAND PLAT
BY
COLE ASSOCIATES
2211 E. JEFFERSON BLVD. SOUTH BEND, INDIANA