HomeMy WebLinkAbout#2803- Deed; GRANT OF EASEMENT Except West 48 ft.Lots 17-18 of Oakside 1st Add.f :e'/zo /0 l
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RECORDED ON
GRANT OF EASEMENT 12-20-2001 2:41:30
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
This Grant of Easement made this day of , 21UWE��.b� � Ci(� oio
South Bend, Indiana, through its Board of Public Works (Grantor), in favor $R Oil 2
Company, Inc., its successors and assigns (Grantee).
WITNESS THAT:
WHEREAS, Grantee owns certain real estate located in the City of South Bend on which
it operates a convenience store with gas pumps, which property is more particularly described as
follows:
Lots Seventeen (17), Eighteen (18), and Nineteen (19), except the west 48 feet of
Lots Seventeen (17) and Eighteen (18) of the Oakside First Addition to the City of
South Bend
(hereinafter referred to as `B&R Property"); and
WHEREAS, Grantor desires to eliminate a curb cut on said property; and
WHEREAS, Grantee, for commercial reasons, needs room for vehicles to maneuver
around its gas pumps, particularly on the east side of its property; and
WHEREAS, the parties agree to resolve any differences they may have concerning said
property by grant of an easement.
NOW, THEREFORE, for and in consideration of the foregoing, of the agreements and
covenants herein contained and other good and valuable consideration given by each party hereto
unto the other, the receipt of sufficiency of which is hereby acknowledged, the parties agree as
follows:
1. Grant of Easement. The Board of Public Works of the City of South Bend does
hereby grant to B&R Oil Company, Inc., its successors and assigns, an easement for the passage
of vehicular traffic beginning at a point along the east line of B&R Property described above,
starting at the Northeast corner of the B&R Property and proceeding along the easterly line of
said property one hundred twelve (112) feet; thence three (3) feet due east; thence north parallel
to the easterly property line one hundred twelve (112) feet; and thence West three (3) feet to the
point of beginning.
2. Term of Easement. This easement shall be in effect so long as a gasoline pump is
located within 20 feet of any part of the easement area.
3. Easement Revocable by Board. The Board of Public Works reserves the right to
woke this easement at any time it should determine the extension of the car traffic into the
easement area presents a safety hazard to the public or if the Board of Public Works determines
the full use of the right-of-way at this location is required. If the Board of Public Works so
determines, it may take action to revoke this easement at any regularly scheduled meeting, and
such easement shall thereafter be vacated.
4. Indemnification. 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 public right-of-way by Grantee as
permitted by this Grant of Easement.
GRANTEE:
B&R OIL COMPANY, INC.
By:
GRANTOR:
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
Gary Gilot
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