Alley Vacation - Chris Sparks - Laserfiche WebLink

Home Browse Search

approved and executed by all of the Property Owners or their successors in interest and must be approved in writing by the City of South Bend to be effective, 4. Property Owners agree to make the necessary improvements to their respective properties to allow the ingress and egress as set forth herein within a reasonable time after the creation of the cross access easements set forth in this Agreement. 5. Property Owners agree to maintain the easement area, that will be located in its property in a reasonable manner and at their sole expense, including the construction of a new driveway and curbs as reasonably necessary, Property Owners hereby agree to remove any sidewalks, curbs and other right of way improvements (excepting any utility, sewer, or water improvements) in the 'Vacated Area that are no longer necessary, in the opinion of all of the Property Owners, and replace them with landscaping, including topsoil, sod and other appropriate forms of landscaping in the opinion of the Property Owners, and the Applicant shall be solely responsible for constructing or otherwise providing for any improvements required by the Board but may seek indenmifrcation from the Property Owners for the cost related to such improvements for their pro -rats share (which each pro-rata share determined by each Property Owner's portion of the total frontage along the Vacated Area). 6. Any violation or breach of this Agreement shall be considered a breach and any Property Owner shall have the authority to .enforce this Agreement in any manner permitted by law. 7. This Agreement to create a cross access agreement shall be recorded immediately after executed by the Property Owners and acknowledged by the Board. 8. Any Property Owner executing this Agreement on behalf of another person or entity hereby certifies that he or she is duly authorized to approve and execute this Agreement and behalf of said person or entity, 9. This Agreement may be. executed in counterpart signature pages, and an executed Exhibit B of this Agreement by an Adjacent Owner shall be considered a binding counterpart signature page, 10, The Applicant shall insure that the .Agreement is recorded in a Manner so as to cross-reference all of the deeds of record or the most recent plat for the Adjacent Properties.