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HomeMy WebLinkAbout#2440- Deed; GRANT OF LICENSE Grant of License,ATM Mach. B&R OilG R A,tr Cr u CEnSG lzy' 16 f Ef?CiIE,QS CAE2�T� 10, 30 J8 10: 10 FAX 2192 i 19644' BAR O11 Co Inc. Z p2 EXIS IT G GRANT OF LICENSE For One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, the Civil CitY of South Bend, Indiana, by and th-rough its Board of Public Works (hereinafter "Grantor"), hereby grants and conveys to Teacher's Credit Union (hereinafter "Grantee"), a revokable, non-exclusive license at the location hereinafter set forth and described for the installation, construction, alteration, 3 removal, modernization, maintenance and use of an automatic teller machine, together with the right of access to and egress * from said licensed area for the purpose of installing constructing, operating, maintaining, adjustift g, replacing and repairing said automatic teller machine and other equipment or facilities incident thereto, in, upon, over and under the z011owzng described real estate in the City of South Bend, St. Joseph County, State of Indiana, more particularly described as ' follows: Key No. 25-1006-0286.17 THAT PART OF THE NORTHWEST QUARTER OF SECTION '- 27, T. 38 N., R. 2 E., CITY OF SOUTH BEND, GERMAN TOWNSHI-2, ST. JOSEPH COUNTY, INDIANA 1KHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF PORTAGE ROAD WHICH IS N. 230-05'-43" W., 139.72 FT. FROM THE SOUTHEAST CORNER SECTION 9 AS SHOWN ON THE RECORDED PLAT OF "PORTAGE PLACE APARTMENTS", RECORDED AS DOCUMENT 48513274 IN i_HZ OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, THENCE N. 660-531'-17" E., 9.00 FT.; THENCE N. 23°-06'43" W., 9.00 FT.; THENCE S. 660-53'-17" W., 6.00 FT. TO THE WESTERLY RIGHT-OF-WAY OF PORTAGE ROAD; THENCE ALONG SAID WESTERLY LINE S. 23a-06'-43" E_, 9.00 FT. TO THE POINT OF BEGINNING. CONTAINING 72.00 SQUARE FEET. The license granted herein is non-exclusive. Grantor may grant other licenses in, over, upon and under the subject property that do not conflict with the license granted herein. t The license granted herein is revokable. It is ■ understood by Grantee that the licensed area is dedicated public 14 right-of-way. Should the City, County or State require the 4 licensed area for roadway, utility or other public purposes that 4i conflict with the grant of license herein, or should the Grantor 10/30/98 10:10 FAX 2192719644 B&R 011 Co Inc_ [a 03 -:�.:�:" determine that the automatic teller machine as placed is unsafe z,_:" _ or a danger to the public, Grantor may, at its option, revoke the license granted herein and require Grantee to remove or relocate the automatic teller machine and other facilities incident thereto. Grantee acknowledges that in the event that this license is revoked, it will not be entitled to compensation or relocation benefits. In addition, Grantee agrees to restore the licensed area to its original condition. This grant of license is subject to all easements, restrictions and other interests of record in the licensed area. This grant of license is not assignable without the express permission of the City of South Bend, by its Board of Public works. Grantee agrees to indemnify, defend and hold harmless the City of South Bend, Indiana, its agents and employees, from -any claim, suit, cause of action or loss of any kind, including attorneys fees, arising from the use of the license granted herein. IN WITNESS WHEREOF, said Grantor and Grantee have executed this grant of license on this 20th day of OttobEr 1994. GRANTEE: TEAC RIS CREDIT UNION By: Victor JrFantea Executivt Vice President and COO I GRANTOR: CITY OF SCIITH BEND, INDIANA, BY ITS BOARD OF PUBLIC WORKS John E. Leszcr,"ski, President dwell,' Member / V \ Jenny P' is Manier, Member ATTES 2 Angela UK. Jacob, Clerk