#2796- Deed; GRANT OF TEMPORARY EASEMENT Parking Bay to extend 21' x 80'

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GRANT OF TEMPORARY EASEMENT THIS GRANT OF EASEMENT is made this Z' day of L ' , 2002, by the Board of Public Works of the City of South Bend ("Grantor") in favor of Sou are Mutual Housing Corporation, its successors and assigns ("Grantee"). WTTNESSETH THAT: WHEREAS, Southmore Mutual Housing Corporation is the owner of certain land in the 3600 block of South Fellows Street; and v WHEREAS, Southmore currently has in front of its property on South Fellows Street a parking bay which extends into the public right-of-way 21' and extends for a total of 80' parallel to Fellows Street; and WHEREAS, Southmore desires to extend the parking bay to accommodate traffic at its property on South Fellows Street. NOW, THEREFORE, for and in consideration for the following agreements and covenants contained herein and other good and valuable consideration given by each party hereto unto the others, the receipt and sufficiency of which consideration is acknowledged, the parties agree as follows: 1. Incorporation of Recitals. The recitals hereto are incorporated into and made a part of this instrument. 2. Grant of Easement. Grantor does hereby grant a temporary, non-exclusive right, privilege and easement to Grantee, for the benefit of Grantee and Grantee's agents, employees, tenants, guests, invitees, successors and assigns (the "Benefitted Parties") to use the land 30' to the north of Grantee's existing bay on South Fellows Street for a distance of 21' into the public right -of way for the purpose of a parking bay. 3. Duration of Grant of Easement. This easement shall be in full force and effect up to and through June 1, 2022. -20 0 --7- CH & mr, S 1 4. Grantee to Maintain Easement. Grantee shall, at its own cost and expense, at all times keep the Easement, including pavement and curbing, in good condition and repair and shall keep the Easement free and clear of snow, dirt, and other debris as if it were still a part of the public right-of- way. 5. Easement Does Not Run With the Land. The easement which is contained in this instrument shall not run with the land, but shall cease at such time as Southmore ceases to own the property on South Fellows Street bordering the easement.