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<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
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<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
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<br />which arise from the intentional acts or gross negligence of Grantor.
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