#2958- Deed; GRANT OF ENCROACHMENT EASEMENTS That part of the Northwest quarter of Section 12, Township 37 North, Range 2 East, Portage Township

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That part of the Northwest '/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: Certain land adjacent to the south side of Lot 49 in the original Town of South Bend, as recorded in Book 1, page 2, in the Office of the St. Joseph County Recorder; said encroachment will extend southward from the south side of the lot two feet four inches (2 feet, 4 inches) from the existing property line onto city owned property for a length of Forty Six feet, six inches, (46 feet, 6 inches). This encroachment shall extend from the grade level to a maximum height of seventy three feet, 1 inch, (73 feet, 1 inch) above grade level. An additional encroachment of the proposed building will extend southward from the south lot line a maximum of six and five eighth inches, ( 6 5/8 inches) onto City property for a length of one hundred four feet and five eighths inch (I04 feet and 5/8 inch). This encroachment shall extend from grade level to a maximum height of seventy three feet one inch (73 feet, one inch) above grade level. A map of said encroachment is attached as Exhibit A. 2, Encroachment Easement Revocable by Board. This encroachment easement is intended to.be permanent except the Board of Public Works reserves the right to revoke this easement at any time if said building is remodeled to eliminate the need for the encroachment easement or if the existing building is demolished or destroyed beyond repair so that the easement is no longer required. 3. Restrictions. This easement is subject to all other easements and restrictions of record. 4. Indemnification. Grantee agrees to indemnify, defend and hold harmless the City of South Bend, Indiana, its agents and employees, from any claim, suit, cause of action or loss of any kind, including attorney's fees, arising fi•om the use of the public right-of-way by Grantee as permitted by this Grant of Temporary Easement.