HomeMy WebLinkAbout#2678- Deed; GRANT OF TEMPORARY EASEMENT 20 ft off entire east end of the parcel1) (? -e- <4 -A� 'i �, �
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1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF PUBLIC WORKS
GARY A. G1LOT, P.E.
DIRECTOR OF PUBLIC WORKS
August 28, 2001
Bert D. Botos
61313 U.S. 31 South
South Bend, Indiana 46614
RE: Grant of Temporary Easement
Dear Mr. Botos:
FHONE219/235-9251
FAx 219/235-9171
TDD 219/235-5567
The Board of Public Works, at its April 19, 2001 meeting, approved the above referred to
document. The document was recorded with the St. Joseph County Recorders office on April 20,
2001. `
Enclosed are copies for your records.
T
ly,
Angela K. Jacob, Clerk
Enclosure
ENGRYEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES
CARL Lrrnu, P.E. JOHN I. DILLON, PH.D. MATT CHLEBOWSK]
219/235-9251 219/277-8515 219/235-9316
FAx 219/235-9171 FAx 219/277-8980 FAx 219/235-9007
STREETS
SAM HENSLEY
219/235-9244
FAx 219/235-9272
WATER WORM
JOHN It STANCATI
219/235-9322
FAx 219/235-9728
i0 1 1 6 9� 1
RECORDED ON
GRANT OF TEMPORARY EASEMENT 04-20-2001 9:05:26
TERRI J. RETHLAKE
SANITARY SEWER AND WATER ST• JOSEPH COUNTY
n RECORDER
y y 469EE : 33. 00
THIS INDENTURE made this I��da of -�relr , 2001, b and
Bert D Botos of 61313 U S 31 S, and the Civil City of South Bend, Indiana, by and through
its Board of Public Works (Grantee), in favor of the Civil City of South Bend, its successors and
assigns.
WITNESSETH:
For good and valuable consideration, the receipt of which Grantor hereby acknowledges,
Grantor hereby grants, conveys, and warrants to Grantee a temporary easement of the nature and at
the location hereinafter set forth as described for the installation and construction of a sanitary sewer
and water system and related facilities, together with the right of ingress to and egress from said
easement for the purpose of installing and constructing said system and other equipment or facilities
incidental thereto, in, upon, over and under the following described real estate in the City of South
Bend, St. Joseph County, State of Indiana, briefly described as follows:
The twenty feet (20') off of the entire east end of the parcel identified as Tax Key Number
01-1051-1368, Centre Township, St. Joseph County, Indiana.
The easement granted herein shall pertain to the air surface and subsurface rights and
interests of the Grantor, for the use and benefit of the Grantee, to the nature and extent that the
Grantee may desire said air, surface and subsurface rights and interests to accomplish and carry out
the general purpose of this conveyance as the same has hereinabove been expressed. The easement
hereby granted is for the exclusive benefit of the City of South Bend, Indiana, and expressly includes
the right and privilege at reasonable times to clean and remove from said easement such timber,
brush, debris, or other obstructions interfering with installation and construction of the sanitary sewer
and water systems.
The Grantee shall restore that area disturbed by its works to as near the original condition as
possible. Specifically, any landscaping or other structures damaged or removed as a result of the
construction activity will be repaired or replaced, including driveway approaches and culverts. The
drainage ditch will also be re -shaped and sodded. Landscaping, including trees, if replaced, will
need to be replaced on your property.
The Grantor reserves the right to use and occupy the surface area on and over the easement
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 easement granted herein and the associated benefits and obligation, shall constitute
covenants running with the real estate, and shall be binding upon the Grantor 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.
The Grantor hereby covenants with the City of South Bend that he/she/they is/are lawfully
seized and possessed of the parcel of real estate hereinabove described; that he/she/they hasihave
good and lawful right to convey and that the property is free of all encumbrances that would conflict
with the right herein granted.
The Grantor hereby releases any and all claims from whatsoever cause, incidental to the
exercise of any rights herein granted.
IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Easement for a
sanitary sewer and a water system on the date shown on the acknowledgment set forth herein.
GRANTOR:
Signature
/PERT D�07-05
Printed Name
6/3/3 0,S, 31 S, So /7-//
Address
GRANTEE:
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
Donald E. Inks, Member
M. Catherine Roemer, Member
ATTEST:
�- Q
Angela K� acob, Clerk
y
STATE OF INDIANA )
} SS:
ST. JOSEPH COUNTY }
Before me, the undersigned, a NotaryPublic in and for St. Joseph County, Indiana, personally
appeared Gary A. Gilot, Donald E. Inks, and r, personally known by me to be
members of the Board of Public Works of the City of South Bend -, Indiana, and acknowledged the
execution of this Grant of Easement as their voluntary act or deed.
h.
WITNESS my hand and Notarial Seal this 4THday of APRTL , 2001.-.~Z_
• 9 �r4 '�
Notary ublic
A resident of St. Joseph County, IN
/ JENNIFER M. ADANIS
My Commmission Expires: AUGUST 23, 2001
SrfATE OF INDIANA
SS:
ST. JOSEPH COUNTY )
r
i
` Before me, the undersigned, a NotaryPublic in and for St. Joseph County, Indiana, personally
appeared ��9T Q_7_7,,705 , known by me to be , the Grantor, and
acknowledged the execution of this Grant of Easement as their voluntary act or deed.
WITNESS my hand and Notarial Seal this` g4ay of 2001.
e a Sti��gNotaryblic
A resi�ent of St. Joseph County, IN
My Commission Expires:
��-IOa00 IL
This Instrument was prepared by: Aladean Iv1. DeRose, ChiefAssistant City Attorney, 1400 County -City Building, South
Bend, IN 46601.
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