HomeMy WebLinkAbout#2829- Deed; GRANT OF LICENSE Above & Below Ground Licensea8�9
Grant of Licenses, Above & Below Ground License
A part of the northwest quarter of Section 12, Township
37 'North, Range 2 East, Portage Township, City of South
Bend, St. Joseph County, Indiana also a part of the
Jefferson Boulevard 82.5 foot of right of way. Lot 283
GRANT OF LICENSES
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 through its Board of Public Works
(hereinafter "Grantor"), hereby grants and conveys to Wells Fargo Bank Indiana, National
Association, (hereinafter "Grantee"), two revokable, non-exclusive licenses at the locations
hereinafter set forth and described for the purposes of so indicated:
I. ABOVE GROUND LICENSE
License for the installation, construction, alteration, removal, modernization,
maintenance and use of a night bank depository, together with the right of access to and egress
from said licensed area for the purpose of installing, constructing, operating, maintaining,
adjusting, replacing and repairing said night bank depository and other equipment or facilities
incident thereto, in, upon, and over the following described real estate in the City of South Bend,
St. Joseph County, State of Indiana, more particularly described as follows:
A part of the northwest quarter of Section 12, Township 37 North, Range 2 East, Portage
Township, City of South Bend, St. Joseph County, Indiana, being also a part of the
Jefferson Boulevard 82.5 foot right of way and is described as follows:
Commencing at the northwest corner of Lot 283 as shown on the recorded plat of the
Original Plat of South Bend, Indiana; thence East along the North line of said Lot 283,
28.83 feet; thence North 10 feet to the place of beginning of this description; thence
continuing North, 5 feet to the curb face of Jefferson Blvd; thence East along said curb
face, 6 feet; thence South parallel with the West line of said Lot 283, 5 feet; thence West
6 feet to the place of beginning. Containing 30 square feet, and being adjacent to 112
West Jefferson Blvd, South Bend, Indiana.
This license extends from the ground to eight (8) feet above the ground.
II. BELOW GROUND LICENSE
License for the installation, construction, alteration, removal, modernization,
maintenance and use of a bank vault, underneath the surface which can be utilized for bulk
storage, connection to the night bank depository and other appropriate business purposes together
with the right of access to and egress from said licensed area for the purpose of installing,
constructing, operating, maintaining, adjusting, replacing and repairing said bank vault and other
equipment or facilities incident thereto, in, upon, and over the following described real estate in
the City of South Bend, St. Joseph County, State of Indiana, more particularly described as
follows:
A part of the northwest quarter of Section 12, Township 37 North, Range 2 East,
Portage Township, City of South Bend, St. Joseph County, Indiana, being also a
part of the Jefferson Blvd. 82.5 foot right of way and is described as follows:
Beginning at the northwest corner of Lot 283 as shown on the recorded plat of the
Original Plat of South Bend, Indiana; thence North along the West line of said lot
283 as extended, 15 feet to the existing curb face of Jefferson Blvd; thence East along
said curb face (and parallel with the North line of said lot), 45.33 feet; thence South
parallel with the West line of said lot, 15 feet to the North line of
Lot 283; thence West along said North line 45.33 feet to the place of beginning.
Containing 680 square feet, and being adjacent to 112 West Jefferson Blvd, South Bend,
Indiana.
This license shall extend downward from a point immediately below the ground surface.
III. GENERAL CONDITIONS
The following conditions apply to each license:
A. 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.
B. The license granted herein is revokable. It is understood by Grantee that the
licensed area is dedicated public right-of-way. Should the City, County or State
require the licensed area for roadway, utility or other public purposes that
conflict with the grant of license herein, or should the Grantor determine that the
night bank depository as placed is unsafe or a danger to the public, Grantor may,
at its option, revoke the license granted herein and require Grantee to remove or
relocate the night bank depository 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.
C. This grant of license is subject to all easements, restrictions and other interests of
record in the licensed area.
D. This grant of license is not assignable without the expressed permission of the
City of South Bend, by its Board of Public Works.
E. 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 Iicense granted
herein.
IN WITNESS WHEREOF, said Grantor and Grantee have executed this grant of
license on thisay of November 2002.
la-
--
GRANTEE:
WELLS FARGO BANK INDIANA,
NATIONAL ASSOCIATION
By:,—u—,,,, , A",
Hugh bavis, President
GRANTOR:
CITY OF SOUTH BEND, INDIANA
BY ITS BOARD OF PUBLIC WORKS
Gary Gilot, President
Carl ittrell, Member
IL'ilel 9
Don Inks, Member
A T:
Angela acob, Cle