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GRANT OF SIDEWALK EASEMENT
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<br />"1-706080
<br />RECORDED AS PRESENTED ON
<br />03/15/2017 10:45 AM
<br />MARY BETH WrSNIEWSKI
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />PGS: 5 FEES: 21.00
<br />THIS INDENTURE made this day of, 2016, by and between Christine N.
<br />Bieck (Grantor) and the Civil City of South Bend, Indiana, by and through its Board ofPublic Works
<br />(Grantee), whose mailing address is 227 West Jefferson Boulevard, County -City Building, Room
<br />1316, South Bend, Indiana, 46601, in favor of the Civil City of South Bend, its successors and
<br />assigns.
<br />WITNESSETH:
<br />Grantors hereby grant, convey, and warrant to Grantee a permanent easement of the nature
<br />and at the location hereinafter set forth as described, only for ingress and egress and the installation,
<br />construction, operation, maintenance, adjustment, replacement, repair, alteration, removal,
<br />modernization, and use of a sidewalk facility, lights, trees and other equipment or facilities incident
<br />thereto, in, upon, over, and under a part of Lot 384 in Coquillard Woods Addition, Section E, City of
<br />South Bend, St. Joseph County, Indiana, being more particularly described as follows:
<br />SEE EXHIBITS A & B
<br />The Grantors acknowledge their right to just compensation and hereby waive their rights of
<br />said compensation.
<br />The easement granted herein shall pertain to the air surface and subsurface rights and
<br />interests of the Grantors, for the use and benefit of the Grantee,to the nature and extent that the
<br />Grantee may desire said air, surface, and subsurface rights and interests to accomplish and carry out
<br />the general purpose ofthis conveyance as the same has hereinabove been expressed. The easement
<br />hereby granted is for the exclusive benefit ofthe City of South Bend, Indiana, and expressly includes
<br />the right and privilege at reasonable times to clean and remove from said easement such debris, or
<br />other obstructions interfering with the ingress and egress of a sidewalk facility.
<br />The Grantee agrees that construction shall have limited impact on the surrounding area and
<br />agrees to restore that area disturbed by its work to as near the original condition as possible.
<br />The Grantors reserve the right to use and occupy the surface area on and over the easement
<br />provided that said use and occupancy does not in any way conflict or obstruct the Grantee's right to
<br />use said surface for the purposes and intentions hereinabove expressed.
<br />The easement granted herein and the associated benefits and obligation shall constitute
<br />covenants running with the real estate, and shall be binding upon the Grantors, and be an obligation
<br />thereofof every person or entity now or hereafter having any fee, leasehold, or other interest in all or
<br />any part of the said real estate.
<br />This indenture shall bind and inure to the benefit of the respective successors and assigns of
<br />the parties hereto.
<br />The Grantors hereby covenant with the Civil City of South Bend that they are lawfully seized
<br />and possessed of the parcel ofreal estate hereinabove described; that they have good and lawful right
<br />to convey and that the property is flee of all encumbrances that would conflict with the right herein
<br />granted.
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