#2936- Deed; GRANT OF TEMPORARY EASEMENT To Orix Real Estate Capital Markets Wells Fargo Bank Minnesota - DeRue Court Staircase - Part of the Northwest quarter section 12, township 37 North, Range 2 east, Portage Township

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GRANT OF TEMPORARY EASEMENT INSTALLATION AND MAINTENANCE OF STAIRCASE ON DERUE COURT ENCROACHING UPON PUBLIC RIGHT-OF-WAY THIS GRANT OF TEMPORARY EASEMENT, made thic-? day of > 2004, by the City of South Bend, Indiana, through its Board of Public Works (Grantor) in avor of Orix Real Estate Capital Markets, LLC and Wells Fargo Bank Minnesota, National Association (Grantee). WITNESSETH THAT: WHEREAS, Grantee, is the owner of certain real estate (Real Estate) located west of and adjacent to DeRue Court in the City of South Bend, Indiana, which real estate is more particularly described as Lot numbered 41 and the south half of Lot numbered 42 as shown on the original plat of the Town, now City, of South Bend Indiana, recorded in Plat Book A, page 13 in the Office of the Recorder of St. Joseph County Indiana; and WHEREAS, Grantee desires to install a staircase along the east side of its building over DeRue Court in the City of South Bend; and WHEREAS, the establishment of the staircase will encroach upon the public right-of-way in DeRue Court; and WHEREAS, the Board of Public Works is willing to grant a temporary right 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 value consideration given by each party hereto unto the other, 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 Grantee, its successors and assigns, an exclusive right, privilege and easement for a staircase on a temporary basis from this date in the City of South Bend, Indiana, on the property located on DeRue Court, more particularly described as follows: Part of the Northwest 1/4 of Section 12, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana. Also being known as the South half of Lot 42 and all of Lot 41 as shown on the recorded plat of the "Original Town now the City of South Bend", recorded in Plat Book 1 page 2, per title work, Plat "A", page 13 in the Office of the Recorder, St. Joseph County, Indiana. More particularly described as follows: