#2938- Deed; GRANT OF TEMPORARY EASEMENT From Jefferson Center, Inc. to City of South Bend - That part of the west half of the northwest quarter of section 12, township 37 north, range 2 east, portage township

Home Browse Search

GRANT OF TEMPORARY EASEM>JNT INSTALLATIONCAND ROAC ING UPON PURL CRIGHT-O OWADYRUE COURT THIS GRANT OF TEMPORARY EASEMENT, made Public Wohis lcs (Grantor) yin favor 2004, by the City of South Bend, Indiana, through its Bo ( ) of Jefferson Center, Inc. its successors and assigns. (Grantee). WITNESSETH THAT: WHEREAS, Grantee, is the owner of certain real estate located west of and adjacent to DeRue Court in the City of South Bend, Indiana; and WHEREAS, Grantor has installed a wooden staircase along the east side of Grantee's building over DeRue Court in the City of South Bend; and WHEREAS, the establishment of the wooden staircase encroaches upon the public right- of- way; and WHEREAS, the Grantor desires to grant a temporary right of easement for the purposes described herein, inasmuch as it presently appears such encroachment and grant of temporary 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 Grantor does hereby grant to Grantee, its successors and assigns, an exclusive right, privilege and easement for a wooden 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: That part of the West 1/2 of the Northwest 1/4 of Section 12, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana and more particularly described as follows: Beginning at the Southeast comer of Lot 41 in the original Town of South Bend, as recorded in Book 1, page 2, in the Office of the St. Joseph County Recorder; thence North 00°000'00" West along the East property line of said Lot 58 feet 4 inches; thence continuing North 7 feet 11 inches along the East property line; thence South 90°000'00" East 6.00 feet; thence South 00°000'00" East and parallel to the East property line of said Lot 7 feet 11 inches; thence North 90°000'00" West 6.00 feet to the place of beginning.