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C <br />tU <br />GRANT OF ENCROACHMENT EASEMENT <br />INSTALLATION OF EAST WASHINGTON STREETSCAPE IMPROVEMENTS <br />LOCATED AT AN ALLEY NORTH OF EAST WASHINGTON, <br />WEST OF HILL STREET, SOUTH BEND, INDIANA <br />ENCROACHMENT UPON PRIVATE PROPERTY <br />THIS GRANT OF ENCROACHMENT EASEMENT, made this2i31 d of <br />2007, by NILES/WASHINGTON LP., an Indiana limited partnership having offices at 227 S. Main <br />Street, Ste. 300, South Bend, Indiana and in favor of the CITY OF SOUTH BEND, INDIANA, <br />acting by and through its BOARD OF PUBLIC WORKS. <br />WITNESSETH THAT: <br />WHEREAS, the care, custody and control of City -owned property is vested its the Board of <br />Public Works under the authority of I.C. 36-9-6-3; and <br />WHEREAS, Niles/Washington LP is the owner of certain real property located north of East <br />Washington Street and west of Hill Street within the City of South Bend, Indiana which is <br />designated by Tax Key No. 18-5004-0079.01 ("Property"); and <br />WHEREAS, the City has constructed certain streetscape improvements related to a public <br />alley way located in the vicinity of the Property and the improvements, as constructed, are an <br />encroachment upon the Property ("Encroachment"), which Encroachment is described and depicted <br />at Exhibit "A" attached hereto and incorporated herein; and <br />WHEREAS, Niles/Washington LP, as "Grantor", desires to grant a permanent right of <br />easement to the City, as "Grantee", for the purposes described herein, inasmuch as it presently <br />appears the Encroachment and the grant of an easement by Niles/Washington LP in favor of the City <br />will not interfere with the free and safe flow of traffic on such private property. <br />NOW, THEREFORE, for and in consideration of the foregoing, of the agreements and <br />covenants herein contained and other good and value consideration given by each party hereto unto <br />the other, the receipt of sufficiency of which is hereby acknowledged, the parties agree as follows: <br />F\IgOMr1CGR>iCNCIWPDcta\Projects\SBCDA\Washington Street ImprovementslNilesWashingtonLPlLnroachment_l- NAL-070302.doc <br />