#2055- Deed; GRANT OF EASEMENT Construction easement for Morris Civic

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2 GRANT OF EASEMENT This Grant of Easement ("Easement") is made this 23rd day of February, 1998, by the CITY OF SOUTH BEND, INDIANA, by and through its Grantor of Public Works (Grantor), in favor of the South Bend Redevelopment Authority (Grantee). BACKGROUND A. The Grantee is or will be the fee simple owner of certain real property located in the City of South Bend, St. Joseph County, Indiana, legally described on Exhibit A attached to this Agreement (the "Property") B. The City of South Bend intends to make certain improvements to the Morris Civic Auditorium and Palais Royale Ballroom (the "Project"). C. The construction of the Project will necessitate the use of the alley property described at Exhibit B (the "Easement Area") for foundations, construction and paving. D. The Grantor has custody and control of public right of way within the City of South Bend. AGREEMENT Therefore, for valuable consideration, the receipt and sufficiency of which is acknowledged by the parties, it is agreed as follows: 1. Grant of Easement. Effective immediately upon execution of this Agreement, the Grantor hereby conveys and warrants to the Grantee, its successors and assigns, for the benefit of the Property, an easement in perpetuity to use and occupy the Easement Area for purposes of construction, paving, and foundations (the "Easement") . The Easement shall be appurtenant to the Property and not be construed as an easement in gross. 2.1 Recording. This Easement shall be recorded in the St. Joseph County Recorder's Office. 2.2 Entire Agreement and Amendments This Easement, together with any .Exhibits and documents referred to herein constitute the entire understanding between the parties hereto with respect to the subject matter of this Easement and supersedes any and all prior arrangements or understandings between the parties regarding the subject matter of this Easement. 2.3 Exhibits. All exhibits attached hereto are hereby