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Home My WebLink About#2958- Deed; GRANT OF ENCROACHMENT EASEMENTS That part of the Northwest quarter of Section 12, Township 37 North, Range 2 East, Portage Township29 8 6/I 2005 Grant of Encroachment Easements LOT NO. SUB -- South Bend Community Schl. 215 South St. Joseph Description: That part of the Northwest 1/4 of Section 12, Township 37 North, Range 2 East, Portage Township GRANT OF ENCROACHMENT EASEMENT INSTALLATION OF WRAPPED COLUMNS ON EXTERIOR WALLS OF BUILDING LOCATED AT 215 SOUTH ST. JOSEPH STREET SOUTH BEND, INDIANA ENCROACHING UPON PUBLIC RIGHT -OF -'WAY THIS GRANT OF EASEMENT, made thil / day of ,'005, by the City of South Bend, Indiana, through its Board of Public Works {Gr tor} in favor, of the South Bend Community School Corporation (Grantee). WITNESSETH THAT: WHEREAS„South Bend Community School Corporation (Grantee). is the owner of certain real estate located on the following described property adjacent to St. Joseph Street in the City of South Bend, Indiana; and WHEREAS, Grantee desires to install certain wrapping material on the existing support columns of the existing buildings along the south side of its building located at 215 South St_ Joseph Street in the City of South Bend; and WHEREAS, the construction of said wrapped columns will encroach upon the public right- of-way; and WHEREAS, the Board of Public Works desires to grant a permanent 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 Encroachment Easement. The Board of Public Works of the City of South Bend does hereby grant to the South Bend Community School Corporation, its successors and assigns, an exclusive right, privilege and encroachment easement for a the construction of certain facing material on columns that are part of it building located on St. Joseph Street, more particularly described as follows: GRANT OF ENCROACHMENT EASEMENT INSTALLATION OF WRAPPED COLUMNS ON EXTERIOR WALLS OF BUILDING LOCATED AT 215 SOUTH ST. JOSEPH STREET SOUTH BEND, INDIANA ENCROACHING UPON PUBLIC RIGHT-OF-WAY THIS GRANT OF EASEMENT, made thij X' day of , 2005, by the City of South Bend, Indiana, through its Board of Public Works (Gr ? tor) in favor of the South Bend Community School Corporation (Grantee). WITNESSETH THAT: WHEREAS„South Bend Community School Corporation (Grantee). is the owner of certain real estate located on the following described property adjacent to St. Joseph Street in the City of South Bend, Indiana; and WHEREAS, Grantee desires to install certain wrapping material on the existing support columns of the existing buildings along the south side of its building located at 215 South St. Joseph Street in the City of South Bend; and WHEREAS, the construction of said wrapped columns will encroach upon the public right- of-way; and WHEREAS, the Board of Public Works desires to grant a permanent 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 Encroachment Easement. The Board of Public Works of the City of South Bend does hereby grant to the South Bend Community School Corporation, its successors and assigns, an exclusive right, privilege and encroachment easement for a the construction of certain facing material on columns that are part of it building located on St. Joseph Street, more particularly described as follows: That part of the Northwest '/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: Certain land adjacent to the south side of Lot 49 in the original Town of South Bend, as recorded in Book 1, page 2, in the Office of the St. Joseph County Recorder; said encroachment will extend southward from the south side of the lot two feet four inches (2 feet, 4 inches) from the existing property line onto city owned property for a length of Forty Six feet, six inches, (46 feet, 6 inches). This encroachment shall extend from the grade level to a maximum height of seventy three feet, 1 inch, (73 feet, 1 inch) above grade level. An additional encroachment of the proposed building will extend southward from the south lot line a maximum of six and five eighth inches, ( 6 5/8 inches) onto City property for a length of one hundred four feet and five eighths inch (I04 feet and 5/8 inch). This encroachment shall extend from grade level to a maximum height of seventy three feet one inch (73 feet, one inch) above grade level. A map of said encroachment is attached as Exhibit A. 2, Encroachment Easement Revocable by Board. This encroachment easement is intended to.be permanent except the Board of Public Works reserves the right to revoke this easement at any time if said building is remodeled to eliminate the need for the encroachment easement or if the existing building is demolished or destroyed beyond repair so that the easement is no longer required. 3. Restrictions. This easement is subject to all other easements and restrictions of record. 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 attorney's fees, arising fi•om the use of the public right-of-way by Grantee as permitted by this Grant of Temporary Easement. GRANTEE: SOUTH BEND COMMUNITY SCHOOL CORPORATION TEST: Angela K.' acob, ClerkJ Board of Public Works STATE OF INDIANA ST. JOSEPH COUNTY GRANTOR: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary Gilot Carl ittreil f� Non Inks Before me, a Notary Public in and for said County and State, personally appeared Gary Gilot, Carl Littrell and Don Inks, personally known to to be me hers of the Board of Public Works, and acknowledged execution of the above on 2005. U Notary Public My Commission Expires: t [67 F:\DATA\SFL1REi Lcpl\WpdataUohn L\SBCSCENCROAC'EiAFNT.wpd 2005 11:13 5742348908 H 2 H ARCHITECTS,INC PAGE 03 KBARD & HIBARD drehitcch, Inc. 107 none Eddy Siroat So.nh Bond, Indiana 46617 574-234-egO7 It Fox 57d-294-8908 SOUTH BEND COMMUNITY SCHOOL CORPORATION EDUCATION AND TRAINING CENTER 215 SOUTH ST, JOSEPH STREET SOUTH BEND INDIANA .PP II R.O.W. PERMIT wo.i�R:�.Na oas 005 I1: 13 5742348908 H 8 H ARCHITECTS,INC PAGE 02 , �H;,su,2s.aN �q H & H ARCHITECTS,INC PAGE 93 2005 11:13 5742348908 104- 'N -ICI' F W K W c SOUTH BEND COMMUNITY SCHOOL CORPORATION R p,W. PERMIT 71nd�qrja 49ARQ EDUCATION AND TRAINING CENTER Inc. y S,roat 215 SOUTH ST. JOSI=PH STREETiana 41 Z907 1NDIANA-aaoB SOUTH BEND 2005 11: 13 574234e3O9 H & H AFCHITECTS, INC PAGE @2 17 GARD & GARD Archifech, Inc. 107 Norlh Eddy Strout Sown Bona. lrOWno 4ee17 574-.234-0907 ' Fax 674 .34-80U8 SOUTH BEND COMMUNITY SCHOOL CORPORATION EDUCATION AND TRAINING CENTER 215 SOUTH ST. JOSEPH STREET SOUTH BEND INDIANA R.O.W. PERMIT h GRANT OF ENCROACHMENT EASEMENT INSTALLATION OF WRAPPED COLUNENS ON EXTERIOR WALLS OF BUILDING LOCATED AT 215 SOUTH ST. JOSEPH STREET SOUTH BEND, INDIANA ENCROACHING UPON PUBLIC RIGHT-OF-WAY THIS GRANT OF EASEMENT, made this J day of 2U�� 2005, by the City of South Bend, Indiana, through its Board of Public Works (Gr ' or) in favor of the South Bend Community School Corporation (Grantee). WITNESSETH THAT: WHEREAS„South Bend Community School Corporation (Grantee), is the owner of certain real estate Iocated on the following described property adjacent to St. Joseph Street in the City of South Bend, Indiana; and WHEREAS, Grantee desires to install certain wrapping material on the existing support columns of the existing buildings along the south side of its building located at 215 South St. Joseph Street in the City of South Bend; and WHEREAS, the construction of said wrapped columns will encroach upon the public right- of-way; and WHEREAS, the Board of Public Works desires to grant a permanent 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: I . Grant of Encroachment Easement. The Board of Public Works of the City of South Bend does hereby grant to the South Bend Community School Corporation, its successors and assigns, an exclusive right, privilege and encroachment easement for a the construction of certain facing material on columns that are part of it building located on St. Joseph Street, more particularly described as follows: That part of the Northwest 'A 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: Certain Iand adjacent to the south side of Lot 49 in the original Town of South Bend, as recorded in Book 1, page 2, in the Office of the St. Joseph County Recorder; said encroachment will extend southward from the south side of the lot two feet four inches (2 feet, 4 inches) from the existing property line onto city owned property for a length of Forty Six feet, six inches, (46 feet, 6 inches). This encroachment shall extend from the grade level to a maximum height of seventy three feet, 1 inch, (73 feet, 1 inch) above grade level. An additional encroachment of the proposed building will extend southward from the south lot line a maximum of six and five eighth inches, ( 6 5/8 inches) onto City property for a length of one hundred four feet and five eighths inch (104 feet and 5/8 inch). This encroachment shall extend from grade level to a maximum height of seventy three feet one inch (73 feet, one inch) above grade level. A map of said encroachment is attached as Exhibit A. 2. Encroachment Easement Revocable by Board. This encroachment easement is intended to be permanent except the Board of Public Works reserves the right to revoke this easement at any time if said building is remodeled to eliminate the need for the encroachment easement or if the existing building is demolished or destroyed beyond repair so that the easement is no longer required. 3. Restrictions. This easement is subject to all other easements and restrictions of record. 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 attorney's fees, arising from the use of the public right-of-way by Grantee as permitted by this Grant of Temporary Easement. GRANTEE: SOUTH BEND COMMUNITY SCHOOL CORPORATION A�g1�yl;5�t11331Sam :�... ., .55 ATT T: a. Angela K. Ja ob, Clerk Board of Public Works STATE OF INDIANA ST. JOSEPH COUNTY ^r1 GRANTOR: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary Gilot Le-(�y' -�� 1 Carl,41ttrell an Inks Before rune, a Notary Public in and for said County and State, personally appeared Gary GiIot, Carl Littrell and Don Inks, personally known to Xrt to be me begs of the Board of Public Works, and acknowledged execution of the above on , L , 2005. Notary Public My Commission Expires: 1 `\ �-� F.\DATAISEARE1LtgahWpdataVo]ut L%SBCSCENCRO ACHMEN'T.wpd 05/o5/2)005 11: 1,9 5742348908 H H ARCHITECTS, IrIC PAGE 03 HEBARD & INIBARD drehifech, Inc. 107 Nonh Eddy Stroot South Band. Indiana 4 517 374-234-46907 Fox 57d-234,8908 L_ SOUTH SEND COMMUNITY SCHOOL CORPORATION EDUCATION AND TRAINING CENTER 215 SOUTH ST. JOSEPH STREET SOUTH SEND INDIANA .CR R.O.W. PERMIT .u.i�x;•e.v Doi I ill! 1 HIBARO 8 48W Ar6ifeds, Inc. u"' ,nr u_ i, 11 nc r`nc; i,7nn5 11: 13 5742348988 H & H ARCHITECTS,INC PAGE 02 i I I I , J � I r I 1 ilyl i , 1 i I` ,1 I J SOUTH BEND COMMUNITY SCHOOL CORPORATION R.O.W. YtKM1 I H BARD &11, I IRE EpDCATION AND TRAINING CENTER �» s°S�hrchr Inc. lo7 North Eddy Sireel 215 SOUTH ST. JOSEPH STREET c•�„r1+aw � souln sand. Indl9n0 aee17 •^' <-'�., 57a-234-8907 INDIANA Fwx67A•2J'4.86UB SOUTH SEND HEBARD & NEBhRD drehifeds, Inc. j07 Nodh Eddy Slreel South Bend, Indiana 46617 (574) 234-8907 Date: 17 Jun 2005, Friday To: Mr. John R. Livingston Assistant City Attorney City of South Bend From: David B. Steinhauer, R.A. Project: New SBCSC - Century Bldg, Project No. H0411 Subject: Century Building Encroachment Permit OIT1' C)F SOUTH LSE%RTMLi�-r OF 1_Av1± TRANSMITTAL Transmittal No. 5073 No. of Pages Fax No. Phone No. Transmitting the following items: P_ ages Dated Item(sl Transmitted Purpose of transmittal: 6/16/05 1 Copy Encroachment Permit Signed By Owner For further processing Comments: Copies To: Via Fax Enclosures