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