HomeMy WebLinkAbout#1651- Deed; PERPETUAL EASEMENT 219 Bowman Creek DrainageU L
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GRANT OF PERPETUAL EASEMENT
DRAINAGE -- BOWMAN CREEK
TI,Xing Unit
This Indenture is made this _ day of CG 1992,
�Dy and between David C. and Joan Whitaker (herei fter "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 219 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 219, excepting therefrom the east 1.00
foot.
Key No. 187040(1593)
t
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
as good or better than the original condition
improvements to be made to Bowman Creek.
DULY
its work to a condition
consistent with the
ST
TE�l_D FO-R TAXAHON
GEVEIRL_ y D. C;:GNE
AUDI-FOR
JOSEI= H CO, INDIANA
or(s) reserve(s) the right to use the surface area of the
-asement 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.
1FJLLlZb
AUG 101992
BOARD OF PUBLIC WORKS
SANDRA M. PARMERLEE, Clerk
PROPDES/#219
GR R(S)
D vid Whita er e/1 av,
J Whitaker
INDIANA
COUNTY OF ST. JOSEPH
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Before me, the undersigned, a Notary Public in and for said County
and State, personally appeared David C. and Joan Whitaker, 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 /G�-day of ,
1992.
(Written Signature)
My Commission Expires:
This instrument was prepared by
Attorney, 1400 County -City Building,
BPW3/EAS-FORM
(Printed Signature)
Mary Hall Mueller, Assistant City
South Bend, IN 46601.
DULY ENTERED FOR TAXA ON
BE1�E?:L'r D. CRONE
AU'DiTOR'
ST. J(,ISEFN CO. 'INDIANA.
South limit of
Temp. Const.�
M
14' ALLEY
33.0'
33.0'
FOX STREET (60' R/W(
20 0 10 20
GRAPHIC SCALE
9i006.13\LOT219
Key No
Street Address
Description
Owner's Name
Address
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
REMOVED (H)
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 wafer.
A temporary construction ease-
ment from the permanent ease-
ment line south to the face of
house as shown.
1870400593]
225 EAST FOX ST.
LOT 219 EXCEPT E. I' BOWMAN 61h
WHITAKER DAVID C 8 JOAN
502 E. Calvert Street
South Bend. IN 46613
EXHIBIT No. I
AI fii! I OR
nU. INOIAN;A