#2038- Deed; GRANT OF EASEMENT Construction of an outswinging door

Home Browse Search

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