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Home My WebLink About#2796- Deed; GRANT OF TEMPORARY EASEMENT Parking Bay to extend 21' x 80'lq—lo 2- h�A-Ivg&, MLctl"- ! GRANT OF TEMPORARY EASEMENT THIS GRANT OF EASEMENT is made this Z' day of L ' , 2002, by the Board of Public Works of the City of South Bend ("Grantor") in favor of Sou are Mutual Housing Corporation, its successors and assigns ("Grantee"). WTTNESSETH THAT: WHEREAS, Southmore Mutual Housing Corporation is the owner of certain land in the 3600 block of South Fellows Street; and v WHEREAS, Southmore currently has in front of its property on South Fellows Street a parking bay which extends into the public right-of-way 21' and extends for a total of 80' parallel to Fellows Street; and WHEREAS, Southmore desires to extend the parking bay to accommodate traffic at its property on South Fellows Street. NOW, THEREFORE, for and in consideration for the following agreements and covenants contained herein and other good and valuable consideration given by each party hereto unto the others, the receipt and sufficiency of which consideration is acknowledged, the parties agree as follows: 1. Incorporation of Recitals. The recitals hereto are incorporated into and made a part of this instrument. 2. Grant of Easement. Grantor does hereby grant a temporary, non-exclusive right, privilege and easement to Grantee, for the benefit of Grantee and Grantee's agents, employees, tenants, guests, invitees, successors and assigns (the "Benefitted Parties") to use the land 30' to the north of Grantee's existing bay on South Fellows Street for a distance of 21' into the public right -of way for the purpose of a parking bay. 3. Duration of Grant of Easement. This easement shall be in full force and effect up to and through June 1, 2022. -20 0 --7- CH & mr, S 1 4. Grantee to Maintain Easement. Grantee shall, at its own cost and expense, at all times keep the Easement, including pavement and curbing, in good condition and repair and shall keep the Easement free and clear of snow, dirt, and other debris as if it were still a part of the public right-of- way. 5. Easement Does Not Run With the Land. The easement which is contained in this instrument shall not run with the land, but shall cease at such time as Southmore ceases to own the property on South Fellows Street bordering the easement. 6. Indemnification. Grantee agrees to indemnify, defend, and hold harmless the City of South Bend, Indiana, its agents and employees, from any claims, suit, cause of action or loss of any kind, including attorney's fees, arising from the use of public right of way by Grantee as permitted by this Grant of Temporary Easement. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary C' t, esident Carl ittrell l � 1 D n Inks Southmore Mutual Housing Corporation, by'. /1 P�znucts r agrees to abide by the terms of this Grant of Temporary EasAent Dated: <o -- z - o 2, F.'OATAISHARE,LegaliWpdsi IMNLmeCo---u AV—wu Fss=cnts\BPW Sauhmom Eas=e.Lwpd • '�1 ]0 _ pn "F_ 0 O N , Fj N a �U w 00 x v xa cn -C CrJ i.-• w Exhibit A THE FOLLOWING DESCRIBED LANDS LYING AND BEING IN THE COUNTY OF ST. 30SEPH, STATE OF INDIANA, COMPROMISING A PART OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 2 EAST, BEGINNING AT POINT OF INTERSECTION OF THE NORTH BOUNDARY OF SHERWOOD STREET AND THE EAST BOUNDARY OF FELLOW STREET TO A POINT OF BEGINNING NORTH 119 FEET ALONG THE EAST BOUNDARY OF FELLOWS STREET; THENCE NORTHERLY ALONG THE EASTERN BOUNDARY OF FELLOW STREET 30 FEET; THENCE EASTERLY 21 FEET; THENCE SOUTHERLY FOR A DISTANCE OF 30 FEET PARALLEL TO THE EASTERN BOUNDARY OF FELLOW STREET; THENCE WESTERLY 21 FEET TO THE POINT OF BEGINNING.. & "v m m a m c,n u)-9 IU IT] ' --3 M I�TJ zf C-4 T� O[wT]`� N CJr CS�C7 i�TJ Cn m t" C7 :U 0 L7 V C C" (il x �e to in N 1316 CouNTY-CiTr BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS July 15, 2002 Ms. Beverly Heckman Southmore Mutual Housing Corporation 500 Southmore Drive South Bend, Indiana 46614 RE: Grant of Temporary Easement Dear Ms. Heckman: 4')I .6 O_ PHONE 574/ 235-9251 FAX 574/235-9171 TDD 574/ 235-5567 The Board of Public Works, at its meeting held on July 8, 2002, approved the above referred to Grant of Temporary Easement. The Duration of Grant of Easement was approved for only five (5) years, as noted in the document. 'Please -re cord this document -with the St. Joseph County Recorder's -Office, which.is located° on the 3`d floor -of the County-CityBu>`Ldi,ffgif Please forward a copy of the recorded document to my attention after you have recorded it. If you have any questions, please contact me at 235-9251. Sincerely, ct, C- �\ c,-�o Ancyela K( Jacob, ClerV Enclosure c: Jack Dillon, Environmental Services GRANT OF TEMPORARY EASEMENT THIS GRANT OF EASEMENT is made this e?;r/'/' day of L q 2002, by the Board of Public Works of the City of South Bend ("Grantor") in favor of Southmore Mutual Housing Corporation, its successors and assigns ("Grantee"). WTTNESSETH THAT: WHEREAS, Southmore MutualHousing Corporation is the owner of certain land in the 3600 block of South Fellows Street; and WHEREAS, Southmore currently has in front of its property on South Fellows Street a parking bay which extends into the public right-of-way 21' and extends for a total of 80' parallel to Fellows Street; and WHEREAS, Southmore desires to extend the parking bay to accommodate traffic at its property on South Fellows Street. NOW, THEREFORE, for and in consideration for the following agreements and covenants contained herein and other good and valuable consideration given by each party hereto unto the others, the receipt and sufficiency of which consideration is acknowledged, the parties agree as follows: 1. Incorporation of Recitals. The recitals hereto are incorporated into and made a part of this instrument. 2. Grant of Easement. Grantor does hereby grant a temporary, non-exclusive right, privilege and easement to Grantee, for the benefit of Grantee and Grantee's agents, employees, tenants, guests, invitees, successors and assigns (the `Benefitted Parties") to use the land 30' to the north of Grantee's existing bay on South Fellows Street for a distance of 21' into the public right-of-way for the purpose of a parking bay. 3. Duration of Grant of Easement. This easement shall be in full force and effect up to and through June 1, 2022. Z.o o -4- C5 & S ) -,P�5r 6pe- 4. Grantee to Maintain Easement. Grantee shall, at its own cost and expense, at all times keep the Easement, including pavement and curbing, in good condition and repair and shall keep the Easement free and clear of snow, dirt, and other debris as if it were still a part of the public right-of- way. 5. Easement Does Not Run With the Land. The easement which is contained in this instrument shall not run with the land, but shall cease at such time as Southmore ceases to own the property on South Fellows Street bordering the easement. 6. Indemnification. Grantee agrees to indemnify, defend, and hold harmless the City of South Bend, Indiana, its agents and employees, from any claims, suit, cause of action or loss of any 1Qnd, including attorney's fees, arising from the use of public right of way by Grantee as permitted by this Grant of Temporary Easement. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary - t, esident 74-- YCarl ittrell 4Z D n Inks Southmore Mutual Housing Corporation, by. a-r%�ts agrees to abide by the terms of this Grant of Temporary Ease ent Dated: to--z5 -o?- TTiESS: CM F: DATA\SHARE,Ltgal\Wpdata'%TBodnae'Co=acm Agreements Easem=&SPW SouLhmare FAsemenLwpd