HomeMy WebLinkAbout#2862- Deed; REVOCABLE PERMIT Revokable Permit�ry—) Pro vt51t"YcS
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Recorded by; Meridian Title
09/25/02
Record #: 0251258
REVOKABLE PERMIT
RECOGNITION OF ENCROACHMENT UPON CITY -CONTROLLED PROPERTY AND
PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME
Notice to: Davis & Groome Partnership
herein, the "Applicant"
The encroachment will be permitted to remain and continue under the following terms and conditions:
I) Until such time as the BOARD OF PUBLIC WORKS of the City of SOUTH BEND shall determine that such
encroachment is in any way impairing or interfering with the highway or with the free and safe flow of traffic thereon;
2) Said encroachment shall not in any way prejudice or preclude the City's rights with respect to the future use of the
portion of the right-of-way;
3) The encroachment as it now exists shall in no manner be added to or enlarged in its present scope or dimensions.
4) In the event of destruction of the building which occupies aforesaid encroachment, this permit shall become null and
void.
5) The City of SOUTH BEND shall not be liable to Applicant for any damages caused to Applicant that arise out of or
is incidental to any activity and/or incidences authorized by this permit.
6) In consideration of the granting of this Permit by the BOARD OF PUBLIC WORKS, Applicant shall indemnify, hold
harmless and defend the City of SOUTH BEND ("City") from and against any and all actions or causes of action,
claims, demands, liabilities, losses, damages or expenses of whatsoever kind and nature, including attorney's fees,
which the City may suffer or incur by reason of bodily injury, including death, to any person or persons, or by reason
of damage to or destruction of any property, including the loss thereof, arising out of or in any manner connected with
any activity and/or incidences authorized by this permit and/or any activities and/or incidences incidental thereto, or
which the City may sustain or incur in connection with any litigation, investigation, or other expenditures incidental
thereto, including any suit instituted by the City to enforce the obligation of this agreement of indemnity.
It is the intent of the parties hereto that the Applicant shall indemnify the City under this indemnification clause to the
fullest extent permitted by law, except that Applicant shall not indemnify City for any damage or expense caused by
the sole negligence of City.
This approval shall be binding upon everyone past or present, claiming any interest in and to the aforementioned ???
APPROVED BY THE J30ARD OF PUR61C NV RKS THIS DAY OF
,44-&-/M 0
Gary Gilot, P.E., President Carl P. Littrell, P.E., Member Don Inks, Member
STATE OF INDIANA )
) ss:
COUNTY OF SOUTH BEND )
Before me, the undersigned, a Notary Public in and for said county and state personally appeared, Gary A. Gilot, Carl
P. Littrell, and Don Inks persorially known tom to be members of the BOARD OF PUBLIC WORKS, and acknowledged
execution of the above this ZiC day of
Notary Pub c
My Commission Expires: Q Residing in St. Joseph Co., Indiana
• • . . . . • • . • . • • • • • . • • . • • • • • • • . • • • • •
ACCEPTANCE OF TERMS AND CONDITIONS
I accept and agree to be bound by all of the terms and conditions of this permit.
r:\Data\Share\Engineering\WPdaMenc roach men imp d
Sep-06-02 08:09A Danch, Harner & Assoc_ 219 234 4119
1
LEGAL DESCRIPTION
CPEWECTONO.:
DMERED BY: JIM M&-V-
ATED- 9/06fD2
970200
THAT PART OF THE NORTHWEST QUARTER OF SECTION t3. TOWNSHIP 37 NORTH. RANGE 2 EAST.
C[TY OF SCUTH SEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDYANA WHICH IS DESCRSB',D
AS : BEG%"NC AT A POINT ON THE WESTERLY RrAW--OF-WAY LINE OF CARROLL STREET , S
UW12'45'E, 5.20 FEET, OF THE NORTHEAST CORNER OF LOT 1 AS SHOWN ON THE RECORDED
PLAT OF WRY HUCTCHIH'S ADDITION TO THE C[TY OF SOUTH BEND. RECORDED IN PLAT BOOK
21 ON PAGE 67, IN THE OFFICE OF THE RECORER OF STAOSEPH COUNTY, INDIA M THENCE 5
IAW60'32-E, 1.60 FEET: THENCE S OQ12'45"W, PARRETL WITH THE WEST RIGHT-OF-WAY LINE
OF SAID CARROLL. STREET . 160.95 FEET: THENCE N W50'32 W, 1.50 FEET TO TIAL SAID
WESTERLY RIGHT -OF WAY LINE ; THENCE NW I2'45'W, 160.95 FEET ALONG SAID
RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING.
CONTAIN(HG AN AREA OF 25752 FEET ANO 0.006 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
o6m t" nc
Land Surveyors a nrd Engineers
Landscape Arc#litects-cta- land Planners
OM(574)234 4003 / (8f1 PQ4-4M3 . r.. (574)234--4119
2422 VVWm. W". S.K. M - South ev,y N 4!l628
P.02