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Home My WebLink About#1774- Deed; EASEMENT AGREEMENT Part of NW Qtr of Sec 3, T 37 N, R 2, Portage TwpCity of South Bend Joticph E. Kernan. Mayor x 1.865 Board of Public Works January 15, 1996 Mr. John H. Peddycord May Oberfell and Lorber 300 North Michigan South Bend, Indiana 46601 RE: Easement Agreement - Bodner Lincoln, L.L.C. to City of South Bend Required Alley Easement for construction of Revco Drugstore North Olive Street and Lincolnway West Dear Mr. Peddycord: This is to advise you that the Board of Public Works at their meeting held January 15, 1996, approved and executed the Easement Agreement with you for the above referred to property. The Board of Public Works will record the document and forward a copy when completed. A copy of the Agreement now is enclosed for your information and files. If you have any questions, please contact this office. Sincerely, ,a Angela K. Jacob, Cl rk Enclosure c: Carl P. Littrell, Director, Division of Engineering Gretchen Bolan, Fiscal Officer, Division of Engineering 1308 County -City Building • South Bend. Indiana 46601. 219/235-9412 • TDD (219) 235-5567 John E. Leszczynski James R. Caldwell Jenny Pitts Manier !' IL` NJ.96 i c1 :1 AGREEMENT FOR EASEMENT L >� THIS AGREEMENT made this 1 s day of U ff' Z99-3!`b' and between BODNER LINCOLN, L.L.C., an Indiana limited liability company ~� (hereinafter referred to as the "Grantor"), and the CITY OF SOUTH BEND, INDIANA (hereinafter referred to as "Grantee"). RECITALS A. The Grantor is the owner of certain real property in the City of South Bend, County of St. Joseph, Indiana, the legal description for which is as follows: That part of the Northwest Quarter of Section 3, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is known as Lots 38, 39, 40, 41, 42, 43, 44 along with the South 9.00 feet of the vacated alley lying North of Lots 43-45, the South half of the vacated alley lying North of Lot 38 and the vacated alley lying South and West of Lots 38 and 39 all in the recorded plat of "Olive Heights", recorded in Book 9, on Page 107, in the Office of the Recorder of St. Joseph County, Indiana, and being more particularly described as: Beginning at a 5/8" capped rebar set for the Southeast corner of Lot 40; thence along the West line of Olive Street N. 00° 11'47" W., 257.40 feet to a 5/8" capped rebar set at the centerline of a vacated alley; thence along said centerline S. 88°49'00" W., 129.63 feet to a set 5/8" capped rebar; thence N. 00°00'00" E., 2.00 feet to a set 5/8" capped rebar; thence S. 88°49'00" W., 119.65 feet to a set 5/8" capped rebar set on the East line of Fremont Street; thence S. 00"00'00" W., 152.00 feet to a found 3/4" iron pipe marking the Southwest corner of Lot 45 and being on the North line of Lincoln Way; thence along said North line S. 67° 45'50" E., 270.20 feet (270.20 ft., record) to the point of beginning. hereinafter referred to as the "Servient Tenement". B. The Grantee is the owner of certain real property in the City of South Bend, County of St. Joseph, State of Indiana, described as follows: A certain twelve (12') foot wide north/south alley located between North Olive Street and North Fremont Street, commencing at Humboldt Street and extending south to the southerly line of the north five (5.00') feet of the vacated alley lying north of Lots Numbered 43-45 and 38 in the recorded plat of "Olive Heights" recorded in Book 9, Page 107 in the Office of the Recorder of St. Joseph County, Indiana. hereinafter referred to as the "Dominant Tenement". C. The Grantee desires to acquire certain rights in the Servient Tenement. IT IS THEREFORE AGREED: GRANT OF EASEMENT 1. For valuable consideration, Grantor hereby grants to Grantee in perpetuity an easement as hereinafter described. CHARACTER OF EASEMENT 2. The easement granted herein is appurtenant to the Dominant Tenement. LOCATION 3. The easement granted herein is located on the Servient Tenement, and the legal description for said easement is as follows: That part of the Northwest Quarter of Section 3, T. 37 N., R. 2 E., City of South Bend, St. Joseph County, Indiana which is described as: Beginning at a point on the East right of way line of Fremont Street which is N. 00000'00" E, 102.71 feet from a found iron marking the Southwest corner of Lot 45 of the recorded plat of Olive Heights recorded in Book 9, Page 107 in the Office of the St. Joseph County Recorder; thence N. 00000,001, E. along the East right of way line of Fremont Street, 25.00 feet; thence N. 90" 00'00" E., 23.21 feet; thence N. 00000'00" E., 24.29 feet; thence N. 88° 49'00 E., 96.43 feet; thence S. 00° 00'00" E., 2.00 feet; thence N. 88048'58" E., 12.00 feet; thence S. 01° 1190" E., 27.63 feet; thence S. 88°49'00" W., 80.66 feet; thence S. 28°49'00" W., 23.09 feet; thence S. 90000'00" W., 40.43 feet to the point of beginning DESCRIPTION OF EASEMENT 4. The easement granted herein shall be used for the purpose of providing pedestrian and vehicular ingress and egress from Grantee's property described in Subparagraph B hereinabove, i.e., the Dominant Tenement, over that certain paved 01 portion of Grantor's property described in Subparagraph 3 hereinabove, i.e. that of the Servient Tenement constituting the easement area. portion EXCLUSIVENESS OF EASEMENT 5. The easement, rights, and privileges granted herein are nonexclusive and Grantor reserves and retains the right to convey similar easements and rights to such other persons as Grantor may deem proper; however, Grantor shall not grant any easement or other interest which in any way disturbs or interrupts the rights granted herein to Grantee. MAINTENANCE 6. Grantor shall maintain the paved surfaces located on Grantor's property that are the subject of this easement in good repair and keep the same clean of snow, debris and obstacles. EXTENT OF EASEMENT 7. It is expressly agreed and understood that the easement rights and privileges herein conveyed to Grantee are Iimited to pedestrian and vehicular traffic. GRANTOR'S RIGHTS 8. Grantor also retains, reserves, and shall continue to enjoy the use of the surface of such property for any and all purposes which do not interfere with or prevent the use by Grantee of the within easement, including the right to use the surface of the herein granted easement for private access to and from any and all of Grantor's ro er . P P ry 9. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. An y oral representations or modifications concerning this instrument shall be of no force and 9 '-432-cct. Any modification of this Agreement must party to be charged be In Writing and must be Signed by the 10. ATTORNEY,S FEES In the event of any controversy, claim, or dispute relating prevailing par g to this inst party reasonable �' shall be nt entitled �rne expenses to recover from the losing attorneys fees and costs. BINDING EFTzECT 11. This Agreement shall bind and ' parties Inure to the benefit of the respective Personal representatives, successors, and ass; gns of the parties hereto. "GRANTOR B ODNER LINCOLN L.L.C. ATTEST; Bruce A. Bodner Its: Member yU bt. BOARD of PURItfs WORKS "GRANTEE" CITY OF SOUTH BEND, INDIANA IN John Leszczynski, President Board of Public Works rumens was prepared John ohn H- Peddycord, South Bend, fndlaua oh (219) 232-203l. 4 (#SG70-71) of tl�c law Hrm of MAv, OQt3R & lAR13 RR, 300 North 4 John E. 1_.eszczynski Pitts Manier