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} 03 <br />`i2l 1 C�44E-54 <br />RECORDED ON <br />GRANT OF EASEMENT 12-20-2001 2:41:30 <br />TERRI J. RETHLAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />This Grant of Easement made this day of , 21UWE��.b� � Ci(� oio <br />South Bend, Indiana, through its Board of Public Works (Grantor), in favor $R Oil 2 <br />Company, Inc., its successors and assigns (Grantee). <br />WITNESS THAT: <br />WHEREAS, Grantee owns certain real estate located in the City of South Bend on which <br />it operates a convenience store with gas pumps, which property is more particularly described as <br />follows: <br />Lots Seventeen (17), Eighteen (18), and Nineteen (19), except the west 48 feet of <br />Lots Seventeen (17) and Eighteen (18) of the Oakside First Addition to the City of <br />South Bend <br />(hereinafter referred to as `B&R Property"); and <br />WHEREAS, Grantor desires to eliminate a curb cut on said property; and <br />WHEREAS, Grantee, for commercial reasons, needs room for vehicles to maneuver <br />around its gas pumps, particularly on the east side of its property; and <br />WHEREAS, the parties agree to resolve any differences they may have concerning said <br />property by grant of an easement. <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 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 B&R Oil Company, Inc., its successors and assigns, an easement for the passage <br />of vehicular traffic beginning at a point along the east line of B&R Property described above, <br />starting at the Northeast corner of the B&R Property and proceeding along the easterly line of <br />said property one hundred twelve (112) feet; thence three (3) feet due east; thence north parallel <br />to the easterly property line one hundred twelve (112) feet; and thence West three (3) feet to the <br />point of beginning. <br />2. Term of Easement. This easement shall be in effect so long as a gasoline pump is <br />located within 20 feet of any part of the easement area. <br />3. Easement Revocable by Board. The Board of Public Works reserves the right to <br />