Laserfiche WebLink
y1C)044 - <br />E05 1 25 1 <br />RECORDED ON <br />GRANT OF PERPETUAL EASEMENT 0 1'7 : A I <br />TERRI J. RETHLAKE <br />ST. JOSEPH COUNTY <br />This indenture made this i day of September 2000 by and between M S' ®enter, <br />Inc. (hereinafter referred to as "Grantor") and the civil City of South Bend, I�g for ihe�smd <br />benefit of its Board of Park Commissioners/Park Department (hereinafter "Grantee") <br />WITNESSETH: <br />that for One Dollar and No Cents ($1.00) and other good and valuable consideration, receipt of <br />which Grantee hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee and <br />Grantee accepts a perpetual easement in gross of the nature and at the location hereinafter set forth <br />and described for the installation, construction, operation, maintenance, replacement, repair, <br />alteration, removal, modernization, and use of a pedestrian walkway and related facilities, including <br />but not limited to facilities for lighting, together with the right of ingress to and egress from said <br />easement at locations identified by Grantor across Grantor's property for the purpose of installing, <br />constructing, operating, maintaining, adjusting, replacing, repairing, altering, removing, and <br />modernizing said pedestrian walkway and other equipment or facilities incident thereto in, upon, <br />over, and under the following described real estate located in the city of South Bend, St. Joseph <br />County, state of Indiana and described on Exhibit "A" attached hereto and made a part hereof. <br />This easement hereby granted is for the benefit of the Grantee and its assigns, licensees, <br />guests, and invitees to the nature and extent necessary to accomplish the general purpose of the <br />conveyance as expressed herein and expressly includes the right and privilege and obligation at <br />reasonably times and at the Grantee's sole expense to clean and remove from said easement such <br />timber, brush, debris, and other obstructions as maybe interfering with the pedestrian walkway. The <br />purpose for which this easement is granted is to construct and maintain a pedestrian walkway of <br />concrete construction with walkway railings. <br />Grantee shall have the right of ingress and egress over Grantor's real estate at points <br />ining said easement when necessary to install, construct, operate, maintain, <br />identified by Grantor adjo <br />replace, repair, alter, remove, modernize, or use the pedestrian walkway and its appurtenances is work at by <br />prior notification of Grantor. Grantee will promptly restore the area disturbed <br />Yits <br />expense to as near the original condition as is reasonably possible. Grantee hereby indemnifies and <br />inst any and all claims or action, causes of action, or suits brought by <br />holds harmless Grantor aga <br />an one alleging injury or property damage arising from the use of the easement except for claims <br />Y <br />which arise from the intentional acts or gross negligence of Grantor. <br />