Vacation of First E/W Alley North of California Ave. Between Sherman Ave. and the North/South Alley

Home Browse Search

CROSS ACCESS EASEMENT AGREEMENT This daL clay of January, 2016 between Kimberly Bonenfant - Juwong, an individual, the owner of the Appl�cant Property (as defined below) and the Adjacent Owners (as defined below). RECITALS 1. The Applicantl hereby represents that it owns the real property described as Exhibit A. 2. The Applicant desires for the first public alley running East/West, North of California Avenue from the East right -of -way line of Sherman Avenue to the first North/South alley in South Bend, Indiana,1 and more particularly described as Exhibit B (to be vacated). 3. The Applicant represents that the properties listed consist of Exhibit C -1 throw (collectively, `Exhibit C ") are all of the properties that currently have access to the to be Vacated Area (the "Adjacent Properties "), and that the four owners of these Adjacent Properties listed on Exhibit C consist of all of the owners of the Adjacent Properties (the "Adjacent O ners "). Where applicable, the Adjacent Owners and the Applicant shall be referred to collectively as the "Property Owners ". 4. The Applicanlrepresents that she has legally obtained the signature of all of the Adjacent Owners, and tat any omission of a Property Owner currently having access to the Vacated Area or an individual or entity with an ownership interest therein is inadvertent. 5. Any Owner o property adjacent to the Vacated Area may become a party to this Agreement by recording an Affidavit cross - referencing this Agreement, agreeing to be bound by its terms, and attaching a plat evidencing that the Property Owner at issue had and continues to access the Vacated Area. The signatures of the Applicant and /or the Adjacent Owners to this original Agreement ar not necessary for such an Affidavit to amend the Agreement. However, only the owners of property adjacent to the vacated area may become a party to this Agreement. 6. This Agreement shall not be recorded until it has been acknowledged by the City of South Bend, Indiana Board of Public Works (the "Board "). Said Agreement shall not be effective until said Air ement is recorded. 7. The Applican# hereby acknowledges that she is solely responsible for the accuracy, and completeness f this Agreement. The Applicant, the Adjacent Owners and any other interested party hereby acknowledge that the Board, in its Acknowledgement of Receipt of this Agreement, is in no way verifying the accuracy, completeness or effectiveness of this Agreement. T a Board expressly disclaims any obligation to review of verify the terms or effectiveness this Agreement. Any decision by the Board or the City of South Bend, Indiana, is made indep ndent from the effectiveness of this Agreement, although each may require