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#2433- Deed; GRANT OF EASEMENT Install Garbage Dumpster Enclosure in Derue Ct.
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#2433- Deed; GRANT OF EASEMENT Install Garbage Dumpster Enclosure in Derue Ct.
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'o�� 2 ( CA&-'t'41 7 p&� �--faq53 <br />0002230 <br />Grant of Ea sement <br />INSTALLATION OF GARBAGE DUMPSTER ENCLOSURE IN DERUE COURT <br />ENCROACHMENT OF PUBLIC RIGHT-OF-WAY <br />THIS GRANT OF EASEMENT made this c q-1`aY of DfC , 1999, by the City of <br />South Bend, Indiana, through its Board of Public Works (Grantor), in favor of South Bend <br />Associates LP, its successors and assigns (Grantee). <br />WITNESSETH THAT: <br />WHEREAS, the South Bend Associates LP, owns certain real estate located at DeRue <br />Court in the City of South Bend, Indiana; and <br />WHEREAS, the installation of a garbage dumpster enclosure will encroach the public <br />right-of-way; and <br />WHEREAS, the Board of Public Works desires to grant rights of easement for the <br />purposes described herein, inasmuch as it presently appears such encroachment and grant of <br />easement will not interfere with the free and safe flow of traffic on such public way. <br />NOW, THEREFORE, for and in consideration of the foregoing, of the agreements and <br />covenants herein contained and other good and valuable consideration given by each party hereto <br />unto other, the receipt of sufficiency of which is hereby acknowledged, the parties agree as <br />follows: <br />1. Grant of Easement. The Board of Public Works of the City of South Bend does <br />hereby grant to South Bend Associates LP, its successors and assigns, an exclusive right, <br />privilege and easement for a garbage dumpster enclosure in the City of South Bend, Indiana, on <br />the property located on DeRue Court, more particularly described as follows: <br />THAT PART OF THE WEST %2 OF THE NORTHWEST `/4 OF SECTION 12, <br />TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH <br />BEND, ST. JOSEPH COUNTY, INDIANA AND MORE PARTICULARLY DESCRIBED AS <br />FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF LOT 42 IN THE ORIGINAL <br />TOWN OF SOUTH BEND, AS RECORDED IN BOOK 1, PAGE 2, IN THE OFFICE OF THE <br />ST. JOSEPH COUNTY RECORDER; THENCE NORTH 00' 00' 00" WEST ALONG THE <br />EAST PROPERTY LINE OF SAID LOT 19.00 FEET; THENCE SOUTH 90° 00' 00" EAST <br />8.00 FEET; THENCE SOUTH 00" 00' 00" EAST AND PARALLEL TO THE EAST <br />PROPERTY LINE OF SAID LOT 19.00 FEET; THENCE NORTH 90' 00' 00" WEST 8.00 <br />FEET TO THE PLACE OF BEGINNING. '; CD <br />O _ <br />C0 <br />
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