Vacate - East Sorin St West of N Niles Ave, Neddo Ct North of E Sorin St

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CONSENT Madison Center, Inc. , in consideration of the approval by the City of South Bend of the vacation of a portion of East Sorin Street, from Niles Avenue to the St. Joseph River, and a portion of Neddo Court north of said street for approximately One Hundred Thirty-two. feet (132 ' ) , hereby consents and agrees to convey to the City a fourteen foot ( 14 ' ) easement for public walkway purposes across the northernmost portion of its lot in the City of South Bend, St. Joseph County, Indiana, designated as Key No. 18-5038 1326 . Such conveyance is subject to the condition that the City will not remove the three large trees on the north side of said lot and will protect said trees during the construction of the pedestrian walkway: Provided, however, that Madison Center agrees that should the location of such trees result in the City' s inability to utilize said easement for a public walkway, it will either grant an additional easement area to allow the completion of the walkway, or it will allow the removal of one or more trees. Madison Center, Inc. , also agrees to provide a permanent, unlocked, gated opening in its fence between the proposed riverside pedestrian walkway and the undersigned' s northern parking lot, which opening will be used for pedestrian access and egress to and from the riverside pedestrian walkway. The location of such opening will be designated by the City at the time of construction of the fence by Madison Center, Inc. , but will not be so placed as to jeopardize Madison Center' s security. The City will be solely responsible for construction, maintenance and repair of the pedestrian walkway easement area, and the City will indemnify Madison Center, Inc. , against claims, liabilities and damages arising from or related to use of the easement area, except for interTtional acts or gross negligence of Madison Center, Inc. Executed this 7th day of July , 1992 . MADISON CENTER, INC. By: (iN. Daniel B. Fitzpatrick President , Board of Directors CBS01163