#1775- Deed; GRANT OF EASEMENT 323 Ireland Road

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2. Grant of Easement. Jim and Michelle Niespodzainy do hereby grant to the City of South Bend, its successors and assigns, a non-exclusive right, privilege and easement beginning at a point which is the southwest corner of lot 168 on Ireland Road, thence north along the west property line of said lot a distance of 320 feet to the northwest corner, thence east a distance of 10.0 feet, thence south a distance of 320 feet, thence west a distance of 10 feet back to the point of beginning, for the purpose of installing, maintaining, improving, repairing, and utilizing a monitoring well, together with the right of ingress to and egress from said easement. Grantee will restore the area disturbed by its work to a condition as good or better than the original condition. Grantors reserve the right to use the surface area of the easements provided that such use does not disrupt or disturb the improvements made by the Grantee. Grantors shall not erect any structure on the easement area or allow any object to be placed thereon that would restrict the functioning of or the access to the monitoring well. The easement granted herein and it associated benefits and obligations, shall constitute covenants running with the real estate, and shall be binding upon the Grantors and be an obligation thereof of every person or entity now or hereafter having any fee, leasehold, or other interest in all or any part of the said real estate. This indenture shall bind and inure to the benefit of the respective successors and assigns of the parties hereto. 3. Duration of Easement. This grant of easement is made so long as the monitoring well is deemed necessary in the sole discretion of the Water Works Engineer. 4. IndemniL cation. Grantee agrees to indemnify, defend and hold harmless Jim and Michelle Niespodzainy, their agents and employees, from any claim, suit, cause of action or loss of any kind, including attorneys fees, arising from the use of the easement granted herein.