#2433- Deed; GRANT OF EASEMENT Install Garbage Dumpster Enclosure in Derue Ct.

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INSTALLATION OF GARBAGE DUMPSTER ENCLOSURE IN DERUE COURT ENCROACHMENT OF PUBLIC RIGHT-OF-WAY THIS GRANT OF EASEMENT made this l day of 71999, by the City of South Bend, Indiana, through its Board of Public rks (Grantor), in favor of the South Bend Redevelopment Commission, its successors and assigns (Grantee). WITNESSETH THAT: WHEREAS, the South Bend Redevelopment Commission owns certain real estate located at DeRue Court in the City of South Bend, Indiana; and WHEREAS, the installation of a garbage dumpster enclosure will encroach 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 the South Bend Redevelopment Commission, its successors and assigns, an exclusive right, privilege and easement for a garbage dumpster enclosure in the City of South Bend, Indiana, on the property located on DeRue Court, more particularly described as follows: Commencing at the southeast corner of a building on lot 43, South Bend (Original Town); thence 17.4 feet south along the east building line to the point of beginning; thence continuing south 18 feet along the east line; thence 8 feet, 90 degrees east; thence north 18 feet parallel to the east building line; thence west 8 feet to the east building line to the point of beginning. 2 . The Board of Public Works reserves the right to revoke this easement at any time should it determine the dumpster presents a safety hazard to the public, the full use of the right-of-way at this location is required, or the dumpster becomes an eye -sore. If the Board of Public Works so detennines, it may take action to revoke this easement at any regularly scheduled Board meeting, and such easement shall thereafter be vacated.