HomeMy WebLinkAbout#1470- Deed; EASEMENT AGREEMENT (TEMP) The First Vacated East,West Alley South of Cedar Street Running Eastwest from Frances Street for a Distance of Approximately 185 Feet; First North,South Alley East of Frances Street South From Cedar Street9117011 KEY # 1 V
THIS TEMPORARY NON-EXCLUSIVE EASEMENT AGREEMENT hereinafter
called "Agreement" made and entered into this Z17P day
of MA� , by and between TARIPP DEVELOPMENT CORPORATION,
(11 Grantor") and THE CITY OF SOUTH BEND, INDIANA, ("Grantee).
WHEREAS, Grantor is the owner of certain real property located in
the City of South Bend, County of St. Joseph, State of Indiana, which
is more particularly described as follows:
The first vacated east/west alley south of Cedar
Street running east/west from Frances street for a
A*
distance of approximately 185 feet (hereinafter
referred to as the "Easement Area"); and
WHEREAS, by Ordinance No. 8177-91
Council, Grantor obtained a vacation
in the City of South Bend, County of
which is more particularly described
of the South Bend Common w.
of certain real property located,,
St. Joseph, State of Indiana,
as follows:
The first north/south alley east of Frances
Street, running south from Cedar Street, for a
distance of approximately 102.65 feet to the south
right-of-way line of the first east -west alley
south of Cedar Street, all in Hull's Subdivision,
and, as a condition of such vacation, Grantor agreed to provide
Grantee with a temporary easement over, upon, along and across the
Easement Area for purposes of ingress and egress in order to provide
access to between Frances and Eddy Streets, South Bend, Indiana.
NOW, THEREFORE, in consideration of the mutual covenants and
promises hereinafter set forth, and for good and valuation paid by
each party hereto to the other, the receipt and sufficiency of which
is hereby acknowledged, it is mutually agreed as follows:
1. Grantor does hereby grant and convey to Grantee, together
with Grantee's successors, assigns, invitees, guests and licensees, a
temporary non-exclusive surface easement and right of way over, upon,
along and across the Easement Area for purposes of ingress and egress
in order to provide Grantee and its successors, assigns, invitees,
guests and licensees with access between Frances and Eddy Streets, for
both pedestrian and vehicular traffic.
2. Grantee shall not do anything to impair, restrict, diminish
or interfere with the rights of others to use and enjoy the Easement
Area and agrees to maintain and keep such easement in good repair.
DULY' ENTERED OR 1,,AXAT10i�
BEVERLY D. CRO�',1F
AUDI"[OR
ST. JOSEPH CO. IJADIANA A01
.7.0
3. The easement hereby granted and its aaassociated benefits and
ligations, shall constitute covenants running with the real estate
d shall be binding upon the Grantor and its successors, and
signs. The easement hereby granted shall be for the use, benefit
d enjoyment of the Grantee and its successors, assigns, invitees,
gists and licensees.
The rights and privileges granted hereby terminate at 12:00 a.m.,
April 8, 1992, or upon the express written agreement of the parties
on a date and time prior to April 8, 1992.
This instrument may be amended or modified only by mutual
agreement extended by the parties or their respective successors and
assigns. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors,
assigns, tenants, invitees, guests and licensees.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year ;irst written above.
By: l_4(
Chri
Press
THE CITY OF SOUTA BEAD
By: APPROVED
BOARD Of NO WORKS'
A 0 Q-91
STATE OF INDIANA
SS:
COUNTY OF ST. JOSEPH)
Before me, a Notary Public in and for said County and State,
personally appeared Taripp Development Corporation, by Christopher J.
Matteo, President —, (title) who after being first duly sworn,
acknowledged the execution of the foregoing Temporary Non -Exclusive
Easement Agreement for and on behalf of said Corporation, and stated
that the facts therein stated are true.
WITNESS my hand and notarial seal
1991.
My ccumission expires:
August 8, 1993
Resident of
This instrument prepared by Jenny Pitts Manier, Chief Assistant city
Attorney, 1400 County -City Building, South Bend, IN 46601.
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PRQPEKTY - LEGAL DESCRIPTION 6/25/1991
Z
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5018, 061/ ^~. ^''^' PAY ~. '_ -
� TARIPP BE�ELOP�ENT �ORP :
� 807 E JEFFERSON BLVD x
x S0UTH BEND, IN 46617 x
x 5: SAML COTTRELLS ADD x
x 6: DELETED SEE KEY H18-5018-0606 x
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