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