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G' <br />Y <br />GRANT OF EASEMENT <br />WALKWAY <br />t Y 1S�r . <br />T141's, ND URE made this G Soda of J t%' 2000, by and bettiveen David L. <br />Bradley (Grantorj.and the Civil City of South Bend, by and through its Department of Public Works <br />(Grantee), its successors and assign. <br />WHEREAS, Grantor represents and warrants that he is the fee simple titleholder to certain <br />real estate located in St. Joseph County, State of Indiana, described more particularly as follows: <br />Lot Numbered Fifty-three (53) as shown on the recorded Plat of Berner Grove First <br />Addition to the City of South Bend, recorded in Plat Nook 7, page 72 in the Office <br />of the Recorder of St. Joseph County, Indiana. <br />WHEREAS, Grantee desires and Grantor is willing to grant an easement to Grantee for the <br />purpose of public pedestrian passage and transit on a portion of the above described real estate. <br />WITNESSETH: <br />That for good and valuable consideration, Grantor hereby grants, conveys, and warrants to <br />Grantee a permanent easement of the nature and at the location hereinafter set forth as described for <br />the purpose of public pedestrian passage and access on the following described real estate in the City <br />of South Bend, St. Joseph County, Stale of Indiana, described more frilly as follows: <br />The South 5 feet of Lot Numbered Fifty -Three (53) for a distance of 42.66 feet East <br />and West as shown on the recorded Plat of Berner Grove First Addition to the City <br />of South Bend, recorded in Plat Book 7, page 72 in the Office of the Recorder of St. <br />Joseph County, Indiana <br />The easement granted herein shall pertain to the air surface and subsurface rights and <br />interests of the Grantor, for the use and benefit of the Grantee, to the nature and cxtcnf that the <br />Grantee may desire said air, surface and subsurface rights and interests to accomplish and carry out <br />the general purpose of this conveyance for pedestrian passage as the same has been heretofore <br />expressed. The easement granted hereby is for the exclusive benefit of the City of South Bend. <br />The Grantor reserves the right to use and occupy the surface area on and over the easements <br />provided that said use and occupancy does not in any way conflict or obstruct the Grantee's right <br />to use said surface for the purposes and intentions previously expressed. <br />The Grantee shall not erect perrnanent structures, including but not limited to buildings, <br />fences, and signs on said surface. Grantee shall bear full responsibility for the use and enjoyment <br />of the property for its intended purpose and shall hold Grantor harmless for any claim for damages <br />as to said personal premises resulting from the use and enjoyment thereof by Grantee. <br />IN WITNESS WHEREOF, Grantor has executed the Grant of Easement for pedestrian <br />passage as of the date shown on the acknowledgment set forth herein. <br />