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Home My WebLink About#2938- Deed; GRANT OF TEMPORARY EASEMENT From Jefferson Center, Inc. to City of South Bend - That part of the west half of the northwest quarter of section 12, township 37 north, range 2 east, portage township29,38 GRANT OF TEMPORARY EASEMENT From Jefferson Center, Inc. to City of South Bend — DESCRIPTION: That part of the west 1/2 of the northwest 1/4 of section 12, township 37 north, range 2 east, portage township, City of South Bend, St. Joseph County, Indiana and more particularly described as follows: Beginning at the Southwest corner of Lot 41 in the original Town of South Bend, as recorded in Book 1, page 2, in the Office of the St. Joseph county Recorder; thence north OODeg 000'00" west along the east i property line of said Lot 58 feet 4 inches; thence continuing north 7 feet 11 inches along the east property line; thence south 90 deg 000'00" east 6.00 feet; thence south 00deg 000'00" east and parallel to the east property line of said lot 7 feet 11 inches; thence north 90deg 000'00" west 6.0 i feet to the plrr . of bcs-,irining GRANT OF TEMPORARY EASEM>JNT INSTALLATIONCAND ROAC ING UPON PURL CRIGHT-O OWADYRUE COURT THIS GRANT OF TEMPORARY EASEMENT, made Public Wohis lcs (Grantor) yin favor 2004, by the City of South Bend, Indiana, through its Bo ( ) of Jefferson Center, Inc. its successors and assigns. (Grantee). WITNESSETH THAT: WHEREAS, Grantee, is the owner of certain real estate located west of and adjacent to DeRue Court in the City of South Bend, Indiana; and WHEREAS, Grantor has installed a wooden staircase along the east side of Grantee's building over DeRue Court in the City of South Bend; and WHEREAS, the establishment of the wooden staircase encroaches upon the public right- of- way; and WHEREAS, the Grantor desires to grant a temporary right of easement for the purposes described herein, inasmuch as it presently appears such encroachment and grant of temporary 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 Grantor does hereby grant to Grantee, its successors and assigns, an exclusive right, privilege and easement for a wooden 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: That part of the West 1/2 of the Northwest 1/4 of Section 12, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana and more particularly described as follows: Beginning at the Southeast comer of Lot 41 in the original Town of South Bend, as recorded in Book 1, page 2, in the Office of the St. Joseph County Recorder; thence North 00°000'00" West along the East property line of said Lot 58 feet 4 inches; thence continuing North 7 feet 11 inches along the East property line; thence South 90°000'00" East 6.00 feet; thence South 00°000'00" East and parallel to the East property line of said Lot 7 feet 11 inches; thence North 90°000'00" West 6.00 feet to the place of beginning. 2. Easement Revocable by Board. The Grantee reserves the right to revoke this grant of temporary easement at any time should it determine that the wooden staircase presents a safety hazard to the public, or the public use of the property in the right-of-way at this location is required, or that the wooden staircase becomes an eyesore or a safety hazard. If the Grantor so determines, upon thirty (30) day written notice to Grantee, Grantor may take action to revoke this grant of temporary easement at any regularly scheduled meeting of the Board of Public Works of the City of South Bend and subject to the completion of the internal staircase described in Paragraph 4 below ("Replacement Staircase") this grant of temporary easement shall thereafter be vacated. 3. Removal and Repair. Upon termination of this grant of temporary easement by the Board of Public Works, Grantor hereby agrees, at its sole cost, to remove the wooden ut4yj urcr -ornprction of the Replacement Staircase. Grantor further agrees to repair and restore the concrete sidewalk near the grant of temporary easement or immediately adjacent thereto from all damage caused by the removal of the wooden staircase, said repairs to be made within one (1) week after the wooden staircase is removed. 4. Replacement Staircase. Notwithstanding anything herein to the contrary the Grantor agrees that if this grant of temporary easement for the wooden stairs must be discontinued for any of the reasons set forth in Paragraph 2 above, and if there is not a walkway connected to an adjacent structure which will satisfy fire escape requirements, the Grantor will grant a temporary easement necessary to support a code compliant fire egress from the east side of Grantee's building, such as a metal fire escape with telescoping stairs. All costs in connection with the metal fire escape shall be the sole responsibility of the Grantee. However, the Grantor and Grantee agree that an internal staircase located on the east side of Grantee's building would offer advantages over a permanent external telescoping fire escape or any alternative thereto. A local reputable building remodeling contractor supplied an estimate of approximately Fifty Thousand and 00/100 ($ 50,000.00) Dollars for an internal staircase on the east side of Grantee's building that extends from the second floor to reach the ground floor as a fire egress (and an advantageous customer portal on a redeveloped DeRue Court retail area). While costs may escalate some before the project is undertaken the estimate is useful in establishing the expectation of the parties hereto. Should the Grantor revoke this grant of temporary easement in accordance with the provisions contained herein, and Grantee shall decide to undertake the establishment of an internal staircase in its building between the ground floor and second floor on the east side of Grantee's building at the approximate location of the temporary wooden stairs along DeRue Court. This project will be funded on an equal cost sharing basis (under the current estimate $ 25,000 each) between Grantor and Grantee, Grantor fining it through its normal budgetar process, 1, w+ 5(^4-Q Kot e-x-F-" I r,Nge.< 4-K a v- al; ani � Qcu,�s r+4 s�a,re-. yqub 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. 2 r 6. Notices. Any notice by either party to the other shall be in writing and shall be deemed to have been duly given only if delivered personally or sent by registered mail or certified mail in a postpaid d Indiana, lope addressed, and e , if t tGrantor, at the Board of Public Works, 227 ee west Jefferson, South Benor, to either at such other address as Grantor or Grantee, ctively, may designate in writing. Notice shall be deemed to have been duly given, if respe delivered personally, on delivery thereof, and if mailed, upon the third (3rd) day after mailing thereof. IN WITNESS WHEREOF,e parties have executed this Grant of Temporary Easement Fhoa_._-e3 ve^r £Irst vviten above. GRANTEE: JEFFERSON CENTER, INC. An Indiana Corporation by: FAIM . I by: its President its Secretary GRANTOR: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary Gilo ATTEST: Angela . Jacob, CIA Board of Public Works APPROVED Board of Public Works MI M iM. ��