#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 Lowell

Home Browse Search

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