HomeMy WebLinkAbout#2025- Deed; GRANT OF TEMPORARY EASEMENT Dickinson Minor 2914 Locust Roadawe
2025
GRANT OF TEMPORARY EASEMENT
STORM SEWER
Timothy W., lI & Diane L. McCoy
2914 Locust Road
Key #18-8154-5544
Lot 2
Dickinson Minor
1316 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
October 27, 1997
Mr. & Mrs. Timothy W. McCoy, II
2914 Locust Road
South Bend, Indiana 46614
RE: GRANT OF TEMPORARY EASEMENT - STORM SEWER
Key No. 18-8154-5544
Dear Mr. & Mrs. McCoy:
PHONE219/235-9251
FAx 219/235-9171
TDD 219/235-5567
The Board of Public Works has recorded your Grant of Temporary Easement - Storm Sewer
with the Recorder's Office. Enclosed is a copy for your records.
If you have any questions, please call me.
Enclosure
Sincerely,
Angela K. acob, Cler
JAMEs R. CALDWELL M. CATHERINE ROEMER
GRANT OF TEMPORARY EASEMENT
97
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`3NDEN ,URE is made this day of , 1997,
a between Timothy W. McCoy, II, and Diane L. McCoy
(hereinafter "Grantors") 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, Grantors hereby grant and convey to Grantee a
temporary easement at the location hereinafter set forth and
described to allow the installation, construction and improvement
of a storm sewer and related facilities, together with the right
of ingress to anc:. egress from said easement for the purpose of
installing, constructing and improving said storm sewer 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:
SEE ATTACHED EXHIBIT A
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 storm sewer 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 storm sewer.
Grantee shall have the right of ingress or egress over
Grantors' real estate adjoining said easement to facilitate the
installation, construction, and improvement of the storm sewer
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 storm sewer.
The Grantors reserve 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 Locust Road storm sewer.
P--
IN WITNESS WHEREOF, said Grantors have executed this Grant
of Temporary Easement on the date shown in the acknowledgment set
forth herein.
GRANTORS:
Tim o nhy W. McCoy, I
aria L." McCoy" )'
STATE OF INDIANA }
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for
said County and State, personally appeared Timothy W. McCoy, II,
and Diane L. McCoy, personally known to me to be the grantors in
F,,,ove Grant of Temporary Easement, and acknowledged the
on of the same as their voluntary act or deed.
r5r.
ITNESS my hand and Notarial Seal this V z� day of
1997.
Notary Public
A resident of St. Joseph County,
Indiana.
My Commission Expires:
This instrument was prepared by Anne E. Bruneel, Chief Assistant
City Attorney, 1400 County -City Building, South Bend, IN 46601.
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LEGAL DESCRIPTION
e;
TEMPORARY CONSTRUCTION EASEMENT
2914 LOCUST ROAD
KEY # 18=8'154'5544
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF
SECTION 22, TOWNSHIP 37 NORTH, RANGE 2 EAST; THENCE EAST 30 FEET TO THE
EAST RIGHT-OF-WAY LINE OF LOCUST ROAD; THENCE NORTH 107 FEET ALONG THE
EAST RIGHT-OF-WAY OF LOCUST ROAD TO THE POINT OF BEGINNING AND THE
SAME AS THE SOUTHWEST PROPERTY CORNER OF LOT 2, DICKINSON MINOR;
THENCE CONTINUING NORTH 172.95 FEET TO THE NORTHWEST PROPERTY CORNS&
OF LOT 2; THENCE EAST 30 FEET ALONG THE NORTH PROPERTY LINE; THENCE
SOUTH 163 FEET TO THE SOUTH PROPERTY LINE; THENCE SOUTHWEST 34 FEET TO
THE POINT OF BEG NNIi 7NG.
9'730358
31
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