Grant of Temporary Easement - Temporary Easement Public Sanitary Sewer and Water Main – University of Notre Dame du Lac

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GRANT OF TEMPORARY EASEMENT This grant of Easement is made this 23rd. day of June , 2020 by and between the University of Notre Dame Du Lac (Grantor) and the City of South Bend, Indiana, through its Board of Public Works, in favor of the City of South Bend, Indiana, its officers, employees, contractors and consultants (Grantee); and WHEREAS, Grantor has given Grantee a Permanent Easement for construction and installation of water main, sewer main and municipal utility lines (The System) on a portion of its property; and WHEREAS, parties agree that it will be in their mutual best interests to have a Temporary Easement in order to facilitate the immediate construction of (The System) in that Permanent Easement, thereby shortening the period of construction and of disruption to the remaining property of Grantor. NOW, THEREFORE, in consideration of the foregoing promises and for other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor hereby grants, conveys and warrants to Grantee a Temporary Easement for the purpose of accessing its Permanent Easement, which Temporary Easement shall be over certain real estate in St. Joseph County, State of Indiana, described more fully as follows: A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN LOCATED IN THE SOUTHWEST AND SOUTHEAST QUARTERS OF SECTION 25, TOWNSHIP 36 NORTH, RANGE 2 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS; BEGINNING AT THE SOUTHEAST CORNER OF LOT 11 OF THE RECORDED PLAT OF DE GROVES 1ST ADDITION TO THE TOWN OF ROSELAND; THENCE SOUTH 89°50'28" WEST ALONG THE SOUTH LINE OF SAID PLAT A DISTANCE OF 194.37 FEET; THENCE SOUTH 00°15'46" EAST A DISTANCE OF 138.00 FEET; THENCE SOUTH 89°50'28" WEST A DISTANCE OF 261.18 FEET TO THE SOUTHERLY EXTENSION OF THE WEST LINE OF LOT 3 IN SAID DE GROVES 1ST ADDITION; THENCE NORTH 00°15'46" WESTALONG SAID WEST LINE OF LOT 3 EXTENDED, A DISTANCE OF 354.07 FEET TO THE NORTH RIGHT-OF-WAY LINE OF CRIPE STREET, SAID POINT BEING THE NORTHERLY EXTENSION OF SAID WEST LINE OF LOT 1; THENCE SOUTH 89°51'24" WEST ALONG SAID NORTH LINE OF CRIPE STREET, A DISTANCE OF 83.30 FEET; THENCE NORTH 00°23'20" WEST A DISTANCE OF 141.00 FEET; THENCE NORTH 89'51'24" EAST A DISTANCE OF 825.00 FEET; THENCE SOUTH 00°23'20" EAST A DISTANCE OF 356.87 FEET; THENCE SOUTH 89°50'28" WEST A DISTANCE OF 286.63 FEET TO THE POINT OF BEGINNING. CONTAINING 7.18 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHT-OF-WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD. THE ABOVE DESCRIBED TEMPORARY CONSTRUCTION EASEMENT CONTAINS 7.18 ACRES, MORE OR LESS. (See Exhibit "A" for easement location)