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Vacation of First E/W Alley North of California Ave. Between Sherman Ave. and the North/South Alley
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Vacation of First E/W Alley North of California Ave. Between Sherman Ave. and the North/South Alley
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Last modified
4/26/2017 8:22:41 AM
Creation date
2/2/2016 9:57:51 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
1/25/2016
Ord-Res Number
10419-16
Bill Number
80-15
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receipt of such an Access Easement Agreement or similar document as part of its decision - <br />making process prior to making its determination as to whether to grant Applicant's request to <br />vacate the public alley at issue herein. <br />8. The purpose of this easement is to allow traffic flow between the properties and to allow the <br />Adjacent Owners to continue having access to their garages or other improvements and to <br />allow access for maintenance of said properties. <br />NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: <br />1. The Property Owners hereby grant and convey to each other, their successors and assigns, <br />permanent, exclusive and perpetual easements in, on, under, over and across their respective <br />interest in the Vacated Area for the limited purpose of allowing Property Owners, their guests <br />or tenants access to their respective garages or other improvements or for periodic maintenance <br />equipment. <br />2. The easement to be created shall burden and benefit both the Applicant's property as well as <br />property of Adjacent Owners. The easement shall run with the land and shall be binding on <br />and shall inure to the benefit of the Applicant and the Adjacent Owners as well as the respective <br />heirs, successors or assigns of the Applicant and the Adjacent Owners. <br />3. Any agreement to terminate or modify the easements to be granted must be approved and <br />executed by the Applicant, all Adjacent Owners and /or their successors and /or the successors <br />in interest to the Applicant and the Adjacent Owners. Said Agreement to terminate or modify <br />the Easement Agreement must be approved in writing by the City of South Bend in order to be <br />effective. <br />4. The Applicant and the Adjacent Owners have agreed to make all necessary improvements to <br />their respective properties so that said properties do not interfere with the Applicant and /or <br />Adjacent Owners' ability to use the vacated area as set forth in this Agreement. <br />5. The Property Owners agree to maintain the vacated area that will be located adjacent to their <br />respective properties in a reasonable manner and at their sole expense. The Applicant shall be <br />solely responsible for constructing or otherwise providing for any improvements required by <br />the Board but may seek indemnification from the Property Owners for the cost related to such <br />improvements their pro -rata share (which each pro -rata share determined by each Property <br />Owner's portion of the total frontage along the Vacated Area). <br />6. Any violation or breach of this Agreement shall be considered a breach and any Property <br />Owner shall have the authority to enforce this Agreement in any manner permitted by law. <br />2 <br />
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