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`J <br />0 <br />Ppp- <br />_.j on Lot 1 encroaches upon the public right-of-way as indicated by <br />A/AGSM Land Title Survey, prepared by Pierce and Associates, attached <br />P�pr:PLT' made a part hereof and marked Exhibit "A"; and <br />WHEREAS, the Board desires to grant rights of temporary easement for <br />the purpose of permitting the subject building to continue to encroach upon <br />the public right-of-way, inasmuch as it <br />resently <br />and grant of temporary easement will not pinterfere awpithrtheufree nand asafent <br />flow of traffic on such public way. <br />NOW, THEREFORE, for and in consideration of the foregoing, of the <br />agreements and covenants herein contained and other good and valuable <br />consideration given by each party hereto unto the others, the receipt and <br />sufficiency of which consideration is hereby acknowledged, the parties <br />agree as follows: <br />1. In nrporation of ReQitals. The recitals hereto are incorporated <br />into and made a part of this instrument. <br />2. Grant of Easement.. The Board of Public Works of the City of South <br />Bend does hereby grant a temporary, non-exclusive right, privilege and <br />easement of approximately 1.5 feet as shown on the attached survey for the <br />purpose of permitting the existence, maintenance and repair of the existing <br />building, provided that such building shall not be expanded; and, in the <br />event that such building, situated on the subject premises, shall be <br />destroyed, razed or removed for any reason, the, in such event, said <br />building shall not be rebuilt so as to extend into the public right-of-way <br />and this Temporary Easement shall be vacated. <br />3• The Board reserves the right to <br />revoke this Temporary Easement at any time in the future should it <br />determine that the extension of the building into the right of way presents <br />a safety hazard or if the Board determines that the full use of the right <br />of way at this location is required. If the Board so determines, it may <br />take action to revoke this Temporary Easement at any regularly scheduled <br />Board Meeting, and such easement shall thereafter be vacated. <br />CITY OF SOUTH BEND <br />BOARD OF PUBLIC WORKS <br />L;I <br />ames Caldwell <br />Carl P. Littrell <br />iTGZiC�f�.CJl.�,G•.Q <br />atherine Roem r <br />AT EST: <br />4,.) <br />{ 2 <br />Angelaob, Jerk <br />