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#2437- Deed; GRANT OF EASEMENT Install Planter in the City Sidewalk,LaSalle Grill
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#2437- Deed; GRANT OF EASEMENT Install Planter in the City Sidewalk,LaSalle Grill
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),451 <br />C!i � <br />9921550 <br />— <br />-n,nb <br />^? <br />GRANT OF EASE�T <br />c '��� <br />w <br />)_ <br />INSTALLATION OF PLANTER IN FRONT OF LASALLE GRIT j <br />' <br />ENCROACHMENT OF PUBLIC RIGHT-OF-WAY <br />� p�' <br />Ln <br />THIS GRANT OF EASEMENT made this day of <br />, 1999, <br />by the City of South Bend, Indiana, through its Board of Public Works (Granto <br />, in favor of <br />LaSalle <br />Grill, <br />by and through its owner Mark McDonnell, its successors and assigns (Grantee). <br />WITNESSETH THAT: <br />WHEREAS, LaSalle Grill owns certain real estate located at 115 W. Colfax Avenue in the <br />City of South Bend, Indiana; and <br />wifEREAs, the installation ofa pleuitcr will encroach the public right-of-way; and <br />WHEREAS, the Board of Public Works desires to grant rights of easement for the purposes <br />described herein, inasmuch as it presently appears such encroachment and grant of easement will not <br />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 the others, 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 hereby <br />grant to LaSalle Grill, its successors and assigns, an exclusive right, privilege and easement for its <br />planter in the City of South Bend, Indiana, on the building located on 115 W. Colfax Avenue, more <br />particularly described as follows: <br />Beginning at the south/east corner of the building; thence south along the east building wall <br />extended, a distance of 8.77 feet; thence west 63 feet; thence north 90 degrees 8.77 feet; thence 63 <br />feet east along the south building line to the point of beginning. <br />2. Appurtenant. The easement granted herein shall benefit and be appurtenant to LaSalle <br />Grill . <br />3. . The Board of Public Works reserves the right to revoke <br />this easement at any time should it determine the planter presents a safety hazard to the public, the <br />full use of the right-of-way at this location is required, or the planter becomes an eye -sore. If the <br />Board of Public Works so determines, it may take action to revoke this easement at any regularly <br />scheduled Board meeting, and such easement shall thereafter be vacated. <br />4. Indemnification. LaSalle Grill agrees to indemnify, defend and hold harmless the City <br />
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