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Home My WebLink About#1913- Deed; GRANT OF PERPETUAL EASEMENT Oak Park 2nd Addition 815 Dayton,� ��•J�P - - _ ,� G� City of South Bend Joseph E. Kernan. Mayor Board of Public Works August 12, 1996 Mr. and Mrs. Al Kapitan S 15 Dayton South Bend, Indiana 46614 RE: Grant of Perpetual Easement Drainage - Bowman Creek Dear Mr. and Mrs. Kapitan: The Board of Public Works, at its meetingheld on July 29, 1996, approved the Grant of Perpetual Easement. Enclosed is a recorded copy from the Recorder's Office for your records and file, If you have any questions, please call me. Sincerely, Angela�Jacob Clerk Enclosure c: Lawson Fisher Associates 1308 County -City Building • South Bend, Indiana 46601. 219/235-9412 • TDD (219) 235-5567 John C. Leszczynski James R. Caldwell Jenny Pitts Manier SON- FISHER ASSOCIATES 525 W. Washington St. South Bend, Indiana 46601 Ph. (219) 234-3167 To City Attorney's Office 1100 County -City Building.__ _ South Bend. IN 46601 Attention -Ms. Anne Bruueel Project Borman _Creek We transmit.... For your.... ® Herewith ❑ Under separate cover via ❑ As requested I' JUL 2 6 1995 C11-y Oi SCEJ7 H IFID )PDT O�TrargVmittal Letter Date July 26, 1996 Issued by Robert D. Ladson, E.I. Location The following.... ❑ Approval ❑ Drawings ❑ Review & Comment ❑ Shop drawings ❑ Use ❑ Specifications ❑ Distribution ❑ Prints ❑ Information ❑ Reproducibles ❑ Samples ❑ Literature ❑ Test Results Copies Description Action 3 original Signed Grant of Perpetual Easement - Bowman Creek A - Approved AC - Approved as Corrected D - Disapproved RC - Resubmit as Corrected Remarks _ Please return one copy to us when these are executed. Thank you. Copies to Received by Please sign and return copy Date received 9629,364 GRANT OF PERPETUAL EASEMENT DRAINAGE - BOWMAN CREEK�lL ? J l} ; C THIS INDENTURE made this h r day of 1996, by and between OWNERS AL AND SHIRLEY- I AN r an , LAND: CONTRACT BUYERS CARRY AND DONNA CARVER (hereinafter collectively referred to as "Grantors"), and the CIVIL CITY OF SOUTH BEND, INDIANA (hereinafter referred to as "Grantee") WITNESSETA: . That for and in consideration of the Grantee's agreement tij. reconstruct and improve a segment of Bowman Creek located on or ---- adjacent to Grantors real estate, Grantors hereby grant and convey to the Grantee perpetual easement at the locations hereinafter set forth for the reconstruction, reinforcement, widening, improvement, operation and maintenance of the Bowman Creek culvert, together with the right of ingress to and egress from said easement for the purpose of reconstructing, improving, repairing and maintaining said Bowman Creek culvert 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 100 Oak Park 2nd Addition to the City of South Bend, Indiana more particularly described as follows: Beginning at a Northwest corner of Lot 100, Oak Park 2nd subdivision thence South along the West line of said Lot 100, a distance of 60.00 feet; thence Northeasterly with an angle to the right of 500, a distance of 39.71 feet; thence Northeasterly a distance of 42.09 feet to the Northeast corner of said Lot 100. Thence West along the North line of said Lot 100, a distance of 54.66 feet, to the point of beginning. More commonly known as 815 Dayton, South Bend, Indiana Key No. 18-7053-2019 The easement rights granted herein shall pertain to the air, surface, and subsurface rights and interests of the Grantors, 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 easements hereby granted are 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, the operation storm water. tructures or other obstructions interfering with of the Bowman Creek culvert and the free flow of Grantee shall have the right of ingress or egress over Grantors' real estate adjoining said easements when necessary to install, construct, operate, maintain, adjust, replace, repair, alter, remove or modernize the Bowman Creek culvert. 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 the Bowman Creek culvert. Grantors reserve the right to use the surface area of the easements provided that such use does not disrupt or disturb the improvements made by the Grantee. Grantors 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 easements granted herein and their associated benefits and obligations, shall constitute covenants running with the real estate, and shall be binding upon the Grantors and be an obligation thereof every person or entity now or hereafter having any fee, leasehold or other interest in all or 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. Grantors hereby release any and all claims from whatsoever cause, incidental to the exercise of any rights herein granted. IN WITNESS WHEREOF, the said Grantors have executed this Grant of Perpetual Easement on the date shown in the acknowledgment set forth herein. E GRANTORS: OWNERS GRANTEE: CITY OF SOUTH BEND j BOARD OF PUBLIC WORKS Al Kapitan' !' � , John E. Leszczynski, President Shirley Kapitan ame Caldwell, Member LAND CONTRACT BUYERS ZGarr�yqar�ver onna Carver STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) G/ enny Pi is Manier, Member ATTES . i Angela _IK. Jacbb, Clerk Before me, the undersigned, a Notary Public in and for said State, personally appeared Al and Shirley Kapitan and Garry and Donna Carver, the Grantors in the above Grant of Temporary and Perpetual Easement, and acknowledged the execution of the same as their voluntary act and deed. ITNESS my hand and Notarial Seal thisday of 1996. 17 My Commission Expires: WPDATA\AEB\B 2.WPD Si nature Printed A resident of St. Joseph County I J, 1.1-1, -..."...-.". ......... 7 FfLF0 1:01; RECORD