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Home My WebLink About#2936- Deed; GRANT OF TEMPORARY EASEMENT To Orix Real Estate Capital Markets Wells Fargo Bank Minnesota - DeRue Court Staircase - Part of the Northwest quarter section 12, township 37 North, Range 2 east, Portage Township2?36 GRANT OF TEMPORARY EASEMENT i INSTALLATION/MAIN TEN ANCE OF STAIRCASE ON DERUE COURT To Orix Real Estate Capital Markets/Wells Fargo Bank Minnesota - DeRue Court/Staircase Part of the Northwest 1/4 section 12, township 37 North, Range 2 east, Portage Township, City of South Bend, St. Joseph County, Indiana. Also being known as the South half of Lot 42 and all of Lot 41 as shown on the recorded plat of the "original town of City of South Bend", recorded in Pfat Book 1, page2, per title work, plat "A", p<t, ?:3 in the Office of the Recorder, St. Jr aunty, Indiana. See Legal D.Scirp. 77V _ 4 qq3% G�(j 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF So= BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS August 23, 2004 Mr. Ed Bradley Cressy & Everett 3930 Edison Lakes Parkway Mishawaka, Indiana 46545 RE: Grant of Temporary Easement Instal lation/Maintenance of Staircase on DeRue Court Dear Mr. Bradley: PHONE 574! 235-9251 FAX 574/235-9171 TDD 574/235-5567 The Board of Public Works. at its regular meeting held on August 23, 2004, approved the Grant of Temporary Easement for the installation and maintenance of the staircase on DeRue Court. Please initial the changes on page two (2) and return a copy to my attention, If you have any questions, please call me at (574) 235-9251. Sincerely, 'AngelJacob, C1 k Enclosure c: Thomas Bodnar, Legal Department GRANT OF TEMPORARY EASEMENT INSTALLATION AND MAINTENANCE OF STAIRCASE ON DERUE COURT ENCROACHING UPON PUBLIC RIGHT-OF-WAY THIS GRANT OF TEMPORARY EASEMENT, made thic-? day of > 2004, by the City of South Bend, Indiana, through its Board of Public Works (Grantor) in avor of Orix Real Estate Capital Markets, LLC and Wells Fargo Bank Minnesota, National Association (Grantee). WITNESSETH THAT: WHEREAS, Grantee, is the owner of certain real estate (Real Estate) located west of and adjacent to DeRue Court in the City of South Bend, Indiana, which real estate is more particularly described as Lot numbered 41 and the south half of Lot numbered 42 as shown on the original plat of the Town, now City, of South Bend Indiana, recorded in Plat Book A, page 13 in the Office of the Recorder of St. Joseph County Indiana; and WHEREAS, Grantee desires to install a staircase along the east side of its building over DeRue Court in the City of South Bend; and WHEREAS, the establishment of the staircase will encroach upon the public right-of-way in DeRue Court; and WHEREAS, the Board of Public Works is willing to grant a temporary right of easement for the purposes described herein, inasmuch as it presently appears such encroachment and grant of easement will not interfere with the free and safe flow of traffic on such public way. NOW, THEREFORE, for and in consideration of the foregoing, of the agreements and covenants herein contained and other good and value 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 Grantee, its successors and assigns, an exclusive right, privilege and easement for a staircase on a temporary basis from this date in the City of South Bend, Indiana, on the property located on DeRue Court, more particularly described as follows: Part of the Northwest 1/4 of Section 12, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana. Also being known as the South half of Lot 42 and all of Lot 41 as shown on the recorded plat of the "Original Town now the City of South Bend", recorded in Plat Book 1 page 2, per title work, Plat "A", page 13 in the Office of the Recorder, St. Joseph County, Indiana. More particularly described as follows: Beginning at the Southwest corner of said Lot 41 and the intersection of the North right-of-way line of Jefferson Boulevard and the East right--of-way line of Michigan Street; thence North 00000'00" East along said East right-of-way line99.18 feet; thence North 89' 57' 56" East, 165.19 feet to a point on the East line of said Lot 42; thence South 00°00'00" West along the East line of said Lots 41 and 42, 99.07 feet to the Southeast comer of said Lot 41 and the North right-of-way line of Jefferson Boulevard; thence South 89°55'39" West along said North right-of-way line and South line of said Lot 41, 165.19 feet to the point of beginning. Containing 16,374.56 square feet more or less. Subject to all legal highways, easements and restrictions of record. 2. Easement Revocable by Board. The Board of Public Works reserves the right to revoke this easement at any time should it determine that the staircase and stairwell presents a safety hazard to the public, the public use of the property in the right-of-way at this location is required, ve an owners , or that the staircase becomes an eyesore or a safety hazard. If the Grantor so determines, it may take action to revoke this easement at any regularly scheduled meeting of the Board of Public Works of the City of South Bend, and such easement shall thereafter be vacated. SG a�sdr 3. Removal and Repair. Upon termination of the easement by the Board of Public Works, r� ss�rvti Grantee agrees to remove the staircase within thirty (30) days after notice of the termination. Grantee further agrees to repair and restore the concrete sidewalk near this easement or immediately._ adjacent thereto from all damage caused by the removal of the staircase, said repairs to be made within one week after the staircase is removed. If the staircase is not removed within thirty (30) days, the Grantee shall pay two thousand dollars ($2,000.00) per day for every day thereafter until it is removed. If the repairs to the sidewalk are not made by Grantee within said time, the City may remove the materials, repair the sidewalk, and notify Grantee of the costs. Grantee shall, within thirty (30) days after notice by Grantee, pay the reasonable costs of the repairs and/or removal, and any reasonable collection fees. 4. Restrictions. This easement is subject to all other easements and restrictions of record. 5. 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 attorney's fees, arising from the use of the public right-of-way by Grantee as permitted by this Grant of Temporary Easement. GRANTEE: ORIX CAPITAL MARKETS, LLC GRANTOR: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary Giiot v J 4Carltrell C L Don Inks A EST: ( �, NiO Angela K. Ucob, Clerk Board of Public Works