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No. 2246 approving a form of dev agreement with JF+A Properties,LTD/CII&P, County Mayo/SB LLC and related matters
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No. 2246 approving a form of dev agreement with JF+A Properties,LTD/CII&P, County Mayo/SB LLC and related matters
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�J <br />EASEMENT AMENDMENT WITH LICENSE <br />This Agreement is made and entered into this _ of , 2006 between the SOUTH <br />BEND REDEVELOPMENT AUTHORITY (the "Grantor ") and MARATHON PIPE LINE <br />LLC, a Delaware limited liability company (the "Grantee "): <br />WHEREAS, the Grantee owns (i) that Right of Way Agreement granted 5/15/1957 and <br />recorded 5/27/1957 in the St. Joseph County Recorders Office at Book 567, pages 113 -114, as <br />amended by the Partial Release of Right of Way Agreement executed on 7/16/93 and recorded <br />7/22/93 at the St. Joseph County Recorder's Office as Record Number 9328170 (collectively, <br />"Easement No. I "); (ii) that Right of Way Agreement granted 6/8/1957 and recorded in the St. <br />Joseph County Recorders Office at Book 568, page 21, as amended by the Partial Release of <br />Right of Way Agreement executed on 7/16/93 and recorded 7/22/93 at the St. Joseph County <br />Recorder's Office as Record Number 9328168 (collectively, "Easement No. 2 "); and (iii) that <br />Right of Way Agreement granted 5/13/1957 and recorded in the St. Joseph County Recorders <br />Office at Book 568, page 19, as amended by the Partial Release of Right of Way Agreement <br />executed on 7/16/93 and recorded 7/22/93 at the St. Joseph County Recorder's Office as Record <br />Number 9328169 (collectively, "Easement No. 3 "; and collectively with Easement No. 1 and <br />Easement No. 2, the "Pipeline Easements "); and <br />WHEREAS, Grantor owns several parcels of property encumbered by the Pipeline <br />Easements, which property is more particularly defined and described at Exhibit A (the "Site ") <br />and depicted at Exhibit B; and <br />WHEREAS, the "existing asphalt entrance drive" as depicted in Exhibit B that crosses <br />and is subject to Easement No. 1 (the "Asphalt Drive ")was constructed on Lot 1 B and Lot 1 C <br />without Grantee's consent; and <br />NOW THEREFORE, in consideration of the following mutual promises and other good <br />and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, <br />Grantee is willing to permit the Asphalt Drive to so encroach upon Grantee's Easement No. 1 as <br />depicted in Exhibit C and Grantor and Grantee agree to amend the Pipeline Easements as <br />follows: <br />1. EASEMENTS. Grantor hereby grants an additional twenty (20) feet of easement <br />on either side of outermost boundaries of the Pipeline Easements as they currently exist, for a <br />total easement extending fifty (50) feet on either side of the pipeline as it currently exists, under <br />the same terms, for the same purposes and with the same understandings, rights of ingress and <br />egress, and covenants as presently set forth in said Pipeline Easements (a) except that the express <br />right of Grantee herein (successor to Marathon Pipe Line Company, identified in said Pipeline <br />Easements pursuant to the 1993 amendments as "Grantor ") to control vegetation under the <br />Pipeline Easements as amended by this Agreement shall be limited to thirty (30) feet on either <br />side of the pipeline; and (b) except that Easement No. 1 as amended shall increase to include the <br />portions of Lot 113 and Lot 7 shaded at Exhibit C to allow for the option of relocating the <br />pipeline to the approximate center of Easement No. 1 as amended by this Agreement (Easement <br />1, Easement No. 2 and Easement No. 3 as amended by this Agreement, collectively, the <br />"Amended Pipeline Easements "). This Agreement shall not be construed to affect or release the <br />Page 1 of 5 <br />
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