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Home My WebLink About#3212- Deed; ENCROACHMENT EASEMENT A Parcel of Land Located in the Northeast Quarer of Section 12, Township 37 North, Range 2 East and Being Par of the Original Town of Lowell32� 7/23/2007 { Encroachment Easement 18-5004-0079.01 LOT NO, 96 SUB: Original Town of Lowell Niles/Washington L,P. Washington Street Description: A Parcel of Land Located in the Northeast Quarer of Section 12, R Township 37 North, Mange 2 East and Being Par of the Original Town of Lowell i l C tU GRANT OF ENCROACHMENT EASEMENT INSTALLATION OF EAST WASHINGTON STREETSCAPE IMPROVEMENTS LOCATED AT AN ALLEY NORTH OF EAST WASHINGTON, WEST OF HILL STREET, SOUTH BEND, INDIANA ENCROACHMENT UPON PRIVATE PROPERTY THIS GRANT OF ENCROACHMENT EASEMENT, made this2i31 d of 2007, by NILES/WASHINGTON LP., an Indiana limited partnership having offices at 227 S. Main Street, Ste. 300, South Bend, Indiana and in favor of the CITY OF SOUTH BEND, INDIANA, acting by and through its BOARD OF PUBLIC WORKS. WITNESSETH THAT: WHEREAS, the care, custody and control of City -owned property is vested its the Board of Public Works under the authority of I.C. 36-9-6-3; and WHEREAS, Niles/Washington LP is the owner of certain real property located north of East Washington Street and west of Hill Street within the City of South Bend, Indiana which is designated by Tax Key No. 18-5004-0079.01 ("Property"); and WHEREAS, the City has constructed certain streetscape improvements related to a public alley way located in the vicinity of the Property and the improvements, as constructed, are an encroachment upon the Property ("Encroachment"), which Encroachment is described and depicted at Exhibit "A" attached hereto and incorporated herein; and WHEREAS, Niles/Washington LP, as "Grantor", desires to grant a permanent right of easement to the City, as "Grantee", for the purposes described herein, inasmuch as it presently appears the Encroachment and the grant of an easement by Niles/Washington LP in favor of the City will not interfere with the free and safe flow of traffic on such private property. 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: F\IgOMr1CGR>iCNCIWPDcta\Projects\SBCDA\Washington Street ImprovementslNilesWashingtonLPlLnroachment_l- NAL-070302.doc 1. Grant of Encroachment Easement. Niles/Washington LP. ("Grantor") does hereby grant to The Board of Public Works of the City of South Bend, and its successors and assigns, ("Grantee") an exclusive right, privilege and encroachment easement for a the construction of certain streetscape improvements near the alley located north of East Washington Street, more particularly described below and depicted at Exhibit A attached hereto and incorporated herein. A parcel of land located in the Northeast Quarter of Section 12, Township 37 North, Range 2 East, and being a part of the Original Town of Lowell, now the City of South Bend and described as follows: Beginning at the intersection of the North right of way line of Washington Street and the first North/South alley West of Hill Street, said point also being the Southeast corner of Lot 96 of the Original Town of Lowell, now the City of South Bend; thence West along said North right of way line of Washington Street 21.00 feet; thence North parallel with the West right of way line of said North/South alley, a distance of 198.00 feet, more or less, to the South right of way line of an East/West alley; thence East parallel with said North right of way line of Washington Street, a distance of 22.25 feet to said West right of way line of the North/South alley; thence South along said West right of way line of said North/South alley, a distance of 198.00 feet, more or less to the place of beginning. 2. Encroachment Easement Revocable by Grantor. The rights and privileges granted to Grantee by this agreement are intended to be permanent except that Grantor expressly reserves the right to revoke this easement at any time if Grantee (i) fails to comply with the duties, obligations or agreements set forth in this agreement; or (iii) the need for the encroachment 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 Grantor its agents and employees, from any claim, suit, cause of action or loss of any kind, including reasonable attorney fees, arising from Grantee's use of the easement. 5. Other Necessary Acts. Each Party shall execute and deliver to the other all such further instruments and documents as may be reasonably necessary to accomplish the terms contemplated by this agreement. 6. Covenants to Run with the Land. The terms, provisions, conditions, covenants and agreements contained in this agreement are intended to be permanent and appurtenant to and run F:\HOME\CGP-EENE\WPDataU'rojeclslsBCDAIWashington Street ImprovementANilesWashingtonLPIEnroachment_FINAL-070302.doe with the title to the Property, subject to the terns and conditions of this agreement, and shall bind and inure to the benefit of the parties hereto and their respective heirs, devisees, personal representatives, successors and assigns, who from time to time hold legal or equitable title to all or portions of the Property. 7. Governing Law. This agreement shall be interpreted and enforced according to the laws of the State of Indiana. S. Recording. This agreement shall be recorded in the Office of the Recorder for St. Joseph County, Indiana subsequent to its execution. 9. Corporate Authority. The undersigned persons executing and delivering this Grant of Encroachment Easement on behalf of the respective Parties each represent and certify that they have been fully empowered and authorized to execute and deliver this agreement. 10. Counterparts. This agreement may be executed in counterparts, all of which shall be deemed originals. [SIGNATURE PAGE ATTACHED] F.\HDME\CGREEN£\WPData\Projects\SBCDA\Washington Street Improvements\NilesWashingtonLPI£nronciiment FINAL-070302.doc GRANTOR: NILES/WASI-IINGTON LP 7 /' A - ]E2- S'1�4 Slgnalu e 34 rinled Nanre andTille S IJ i? - I4 L�o� Y+ 4 A � (� tu�l...`r"'s - UP<., A 7 ,aIr ATTEST: GRANTEE: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS J."h At7� Gary Gilot �z 612- _ 4nInks rell LW91; t„/- m4)A . " /�'7-/,u Printed Nance and Title STATE OF INDIANA ST. JOSEPH COUNTY B for me, a Notary Public in and for said County and State, personally appeared , personally known to me to be the , of NILES/WASHINGTON L and acknowledged execution of the above Grant of Encroachment Easement on �q 12007, Notary Public My Commission Expires: I affirm, under the penalties for perjury that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Cheryl A. Greene, Esq. Prepared by: Assistant City Attorney Cheryl A. Greene, 1400 County -City Building, 227 W. Jefferson, South Bend, M 46601 F:\IiOME%CGREENE\WPData\ProjectslSBCDA1Washingion 5trcelImprovementslNilesWashingtonLPIEnroachment_FiNA.L-070302.doc EXIIIBIT "A" Description and/or Diagram of Encroaclvnent P:ViOME\CGRCENE\WPData\Projeets\SBCDA\Washington Street ImprovementslNilesWash ingtonLPIEnroad hment_PINAL-070302.doc EAST NA5HINarON IMPRO,f P ENT AL LE'Y NORTH OF E. t'NA9HINGTON SOUTH B'_'NP, INV AKA PRO.r=cT 5CURDA Rr AUGUST 1'1, 2009 O' 15, 50, 60' NORTH SCALY V = SO' Date BPW Date Name OFFICE OF THE CONTROLLER AND BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM July 5, 2007 Department C&ED July 19, 2007 Phone Bill Schalliol 235-5842 `o _ Legal ® Attorney Name: p� Controller review is required for all Contracts $5,000.00 or more and greater than one Controller ❑ year in length per the City Purchasing Policy a > (/) = OTHER a.) o o APPROPRIATE ❑ Other, as appropriate REVIEWERS Type of Item ❑Contract/Agreement ❑Proposal ❑Addendum ❑Claim ®Easement/Encroachment ❑Resolution ❑Traffic Control Device CC ❑ Other: --------------------------------------------------------------------------------------------- a? Company or Vendor Name Easement agreement with Niles/Washington LP (Holladay Prop.) N Project Name East Washington Street Improvements w o Project Number (Engineering) Proj. Code (Controller) o Amount $ Funding Source U v Purpose/Description: Easement related to public improvements constructed in the N/S alley north of East Washington Street related to East Washington Street project. --------------------------------------------------------- ----------------------------- o -a Terms of Contract: Easement runs with the land and has no time reslriction. V ---------------------------------------------------------------------------------•- Effective Date Upon End Date N/A approval Type of Item ❑Advertise ❑Bid Opening ❑Bid Award ❑Amendment ❑Title Sheet ❑Other Y------------------- -------------•-----------•-__•_•---------------••------------------------------' ' Company Name o Project Name 0.i Project Number (Engineering) Proj. Code (Controller) Contract/Project Amount $ Funding Source Type of Item ❑Chg PC Order ❑C/O & PCA ❑A ❑Other: ------------ - --- - -------------------------------------------------------- Contractor/Consultant Name Project Name Project Number (Engineering) Proj. Code (Controller) PO Number Funding Source Amount of ❑Increase ❑Decrease $ Total Percent of Change: Original Contract/Project Amount $ New Contract/Project Amount $ Purpose/Description: List Name, Dept., Address (if appropriate) of who should receive document Copy Original > ❑ ❑ ❑ ❑ . cn C-- C. Q � Q ❑ ❑