HomeMy WebLinkAbout#1928- Deed; GRANT OF PERPETUAL EASEMENT George L. Frantz 735 Lincolnway East9G39J21
GRANT OF TEMPORARY EASEMENT
XThis Indenture, made and entered into this 3 day of
1996, by and between the Board of Public Works
of the City of South Bend, Indiana, hereinafter referred to as the
"Board," and, Centon, an Indiana Partnership, hereinafter referred
to as "Centon,"
WITNESSETH THAT:
WHEREAS, John L. Hodurek and Helen Hodurek, and Peter Jr.
Jarosak and Linda Jarosak are partners in Centon, an Indiana
Partnership; and
WHEREAS, Centon is the owner of real estate located in the
City of South Bend, County of St. Joseph, State of Indiana,
described as follows:
Lots Numbered One (1) and Two (2) as shown on the
recorded Plat of George L. Frantz's Addition to the City
of South Bend, excepting therefrom a lot or parcel of
land seventeen (17) feet in width, taken off of and from
the entire length of the Southeasterly side of said Lot
Numbered Two (2). Commonly known as 735 Lincolnway East,
South Bend, Indiana.
WHEREAS, part of an existing building and an existing parking
lot encroach upon the public right-of-way seventeen (17) feet,
which runs southeasterly along the south end of the premises, as
indicated by a Surveyor Location Report, prepared by Creekside
Mortgage Surveys, Inc., attached hereto, made a part hereof and
marked Exhibit "A;" and
WHEREAS, the Board desires to grants rights of temporary
easement to the purpose of permitting part of the existing building
and part of the existing parking lot to continue to encroach
seventeen (17) feet into the public right-of-way, inasmuch as it
presently appears such encroachment and grant of temporary easement
will not interfere withe the free and safe flow of traffic and
pedestrians on such public right-of-way.
NOW, THEREFORE, for and in consideration of the foregoing, of
the agreement and covenants herein contained and other good and
valuable consideration is hereby acknowledged, the parties agree as
follows:
1. _ncorooration of R -crit,ls. The recitals hereto are
incorporated into and made a part of this instrument.
2. Grant of Easement. The Board of Public Works of the City
of South Bend does hereby grand to Centon, its successors and
assigns, a temporary, non-exclusive right, privilege and easement
of seventeen (17) feet extending southeasterly along the south line
of the public right-of-way more particularly described as follows:
A lot or parcel of land seventeen (17) feet in width,
taken off of and from the entire length of the
Southeasterly side of Lot Numbered Two (2) as the same is
shown and designated on the recorded plat of George L.
Frantz's Addition to the City of South Bend, Indiana.
for the purpose of permitting the existence, operation,
maintenance, and repair of such building and parking lot,
improvements and related structures presently in existence as
indicated by the attached Exhibit; provided that such building and
parking lot shall not be expanded; and, in the event that such
building and parking lot, situated on the subject premises, shall
premises, shall be destroyed, such building and parking lot shall
not be rebuilt so as to extend into the public right-of-way and
this Temporary Easement shall be vacated.
3, Easement Revokable by Boar . The Board reserves the
right to revoke this Temporary Easement at any time in the future
should it determine that the extension of the building and parking
lot into the public right-of-way presents a safety hazard or if the
Board determines that the full use of the public right-of-way at
this location is required. If the Board so determines, it may take
action to revoke this Temporary Easement at any regularly scheduled
Board meeting, and such easement shall thereafter be vacated.
BOARD OF PUBLIC WORKS OF THE
CITY OF SOUTH BEND, INDIANA
ohn E. Leszcz n , President
mes Rl-�Calfawell
AT ST:
Angela Jacob, Jerk
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