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#2666- Deed; GRANT OF EASEMENT Walkway
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#2666- Deed; GRANT OF EASEMENT Walkway
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pub1c, GJIxr-'s <br />ID1121-7<310 <br />RECORDED ON <br />GRANT OF EASEMENT 02-26-2001 2:52:13 <br />TERRI J. RETHLAKE <br />WALKWAY ST. JOSEPH COUNTY <br />RECORDER <br />THIS INDENTURE made this day of �Lur�' 2001,1gjft� tOve4tT. <br />Umphrey and J.W. Ziegler, Trustees for the Umphrey, Ziegler Rev ' able Trust (Grantor) and the <br />Civil City of South Bend, by and through its Department of Public Works (Grantee), its successors <br />and assign. <br />WHEREAS, Grantor represents and warrants that it is the fee simple titleholder to certain real <br />estate located in St. Joseph County, State of Indiana, described more particularly as follows: <br />Lot Numbered 33 as shown on the Recorded Plat of River Park Addition to the City <br />of South Bend, in the Office of the Recorder of St. Joseph County, Indiana. <br />Commonly known as 2218 to 2232 Mishawaka Avenue, and <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 over and onto the following described real estate <br />in the City of South Bend, St. Joseph County, State of Indiana, described more fully as follows: <br />The North 5 feet of Lot Numbered Thirty -Three (33) for a distance of 165.00 feet <br />East and West as shown on the recorded Plat of River Park Addition to the City of <br />South Bend, in the Office of the Recorder of St. Joseph County, Indiana <br />The easement granted herein shall pertain to the air surface and subsurface rights and interests <br />of the Grantor, for the use and benefit of the Grantee, to the nature and extent that the Grantee may <br />desire said air, surface and subsurface rights and interests to accomplish and carry out the general <br />purpose of this conveyance for pedestrian passage as the same has been heretofore expressed. The <br />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 to <br />use said surface for the purposes and intentions previously expressed. <br />The Grantee shall not erect permanent structures, including but not limited to buildings, <br />fences, and signs on said surface. Grantee shall bear full responsibility for the use and enjoyment of <br />the property for its intended purpose and shall hold Grantor harmless for any claim for damages as <br />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 />
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