HomeMy WebLinkAbout#1649- Deed; PERPETUAL EASEMENT 222 Bowman Creek Drainage72�//&y9
93,10642Twing
f Da to
GRANT OF PERPETUAL EASEMENT
DRAINAGE -- BOWMAN CREEK
This Indenture is made this day of 1992,
j by and between Northern Oak Homes, Inc., (herein ter "Grantor(s)")
Land 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 222 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:
A strip of land 42.00 feet in length, north and
south, taken off of and from the entire north end
of said lot 222.
Key No. 187040(1596)
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.
UVL.Y ENTERED FOR' I PA f IUN
BEVERL_Y D. CRONE
AUDITOR
ST. JOSEPH CCF. INDIANA
__antee 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/#222
GRANTOR(S)
NORTHERN / HOMES, INC.
By
�! r
AUG 10 19°?
SUARb u, -ussi ,L
SANRRA M. eA;1,IFM—L
OULY ENTERED FOR T,- XATION
BEVERLY C). CRONE
STATE OF INDIANA )
SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a No r Pub c in and f r, said County
and State, personally appeared ,
personally known by me to be the Gr tor(s in t 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 c� day of ,
1992.
A,)
(Printbd Signature)
My Commission Expires:
1
J .
This instrument was prepared by Mary Hall Mueller, Ass-staft City
Attorney, 1400 County -City Building, South Bend, IN 46601. """'
BPW3/EAS-FORM
l4' ALLEY
33.0'
33.0'
FOX STREET (60' R/W)
20 0 10 20
GRAPHIC SCALE
91006.13%1.1222
LAWSON— FISHER ASSOC,
525 W. WASHINGTON
SOUTH BEND, IN 46601
PH. (2I91 234-3167
LEGEND
PERMANENT
EASEMENT
TEMP. CONST.
EASEMENT
EXISTING
BUILDING
ITEM TO BE
REMOVED
DESCRIPTION OF EASEMENTS
r 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 wafer.
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(15961
233 EAST FOX ST.
LOT 222 BOWMAN'S 61h
NORTHERN OAK HOMES INC
1516 Evergreen PL.
Elkhart, iN 46514
EXHIBIT No. 1
A-
'934061li-I