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J:43433 <br />GRANT OF EASEMENT <br />Entrance for Handicapped Access and Fire Safety <br />Encroachment in Public Right -of -Way <br />THIS GRANT OF EASEMENT made this day ofCr�C2U�, <br />1997, by the City of South Bend, Indiana, through its Board of <br />t=�3. Public Works (Grantor), in favor of Near Northwest Neighborhood, <br />Inc., its successors and assigns (Grantee). <br />WITNESSETH THAT: <br />WHEREAS, Near Northwest Neighborhood, Inc. owns certain real <br />estate located at 1005 Portage Avenue in the City of South Bend, <br />Indiana; and <br />WHEREAS, the construction of an outswinging door, <br />accommodating handicapped people, and necessary for fire safety, <br />will encroach in the public right-of-way; and <br />WHEREAS, the Board of Public Works desires to grant rights of <br />easement for the purposes described herein, inasmuch as it <br />presently appears such encroachment and grant of easement will not <br />interfere with the free and safe flow of traffic on such public <br />way. <br />NOW, THEREFORE, for and in consideration of the foregoing, of <br />the agreements and covenants herein contained and other good and <br />valuable consideration given by each party hereto unto the others, <br />the receipt of sufficiency of which is hereby acknowledged, the <br />parties agree as follows: <br />1) Grant of Easement. The Board of Public Works of the City <br />of South Bend does hereby grant to Near Northwest Neighborhood, <br />Inc., its successors and assigns, an exclusive right, privilege and <br />easement for its swinging door for handicapped access and fire <br />safety in the City of South Bend, Indiana, in the building located <br />on 1005 Portage Avenue, more particularly described as follows: <br />Key #18-1073-3092 <br />Commencing at the South -East corner of the building; <br />thence North along the building facade a distance of 8 <br />feet, to the point of beginning and being the same as the <br />West right-of-way of Portage Avenue; thence East 4 feet <br />at a 9010 angle to the facade; thence North 4 feet <br />parallel to the facade; thence West 4 feet at 900 angle <br />to the facade; thence South 4 feet to the point of <br />beginning. Containing 9 square feet. <br />2) Appurtenant. The easement granted herein shall benefit <br />and be appurtenant to the Northwest Neighborhood, Inc. structure. <br />