#1774- Deed; EASEMENT AGREEMENT Part of NW Qtr of Sec 3, T 37 N, R 2, Portage Twp

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!' IL` NJ.96 i c1 :1 AGREEMENT FOR EASEMENT L >� THIS AGREEMENT made this 1 s day of U ff' Z99-3!`b' and between BODNER LINCOLN, L.L.C., an Indiana limited liability company ~� (hereinafter referred to as the "Grantor"), and the CITY OF SOUTH BEND, INDIANA (hereinafter referred to as "Grantee"). RECITALS A. The Grantor is the owner of certain real property in the City of South Bend, County of St. Joseph, Indiana, the legal description for which is as follows: That part of the Northwest Quarter of Section 3, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is known as Lots 38, 39, 40, 41, 42, 43, 44 along with the South 9.00 feet of the vacated alley lying North of Lots 43-45, the South half of the vacated alley lying North of Lot 38 and the vacated alley lying South and West of Lots 38 and 39 all in the recorded plat of "Olive Heights", recorded in Book 9, on Page 107, in the Office of the Recorder of St. Joseph County, Indiana, and being more particularly described as: Beginning at a 5/8" capped rebar set for the Southeast corner of Lot 40; thence along the West line of Olive Street N. 00° 11'47" W., 257.40 feet to a 5/8" capped rebar set at the centerline of a vacated alley; thence along said centerline S. 88°49'00" W., 129.63 feet to a set 5/8" capped rebar; thence N. 00°00'00" E., 2.00 feet to a set 5/8" capped rebar; thence S. 88°49'00" W., 119.65 feet to a set 5/8" capped rebar set on the East line of Fremont Street; thence S. 00"00'00" W., 152.00 feet to a found 3/4" iron pipe marking the Southwest corner of Lot 45 and being on the North line of Lincoln Way; thence along said North line S. 67° 45'50" E., 270.20 feet (270.20 ft., record) to the point of beginning. hereinafter referred to as the "Servient Tenement". B. The Grantee is the owner of certain real property in the City of South Bend, County of St. Joseph, State of Indiana, described as follows: A certain twelve (12') foot wide north/south alley located between North Olive Street and North Fremont Street, commencing at Humboldt Street and extending south to the southerly line of the north five (5.00') feet of the vacated alley lying north of Lots Numbered 43-45 and 38 in the recorded