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#2733- Deed; GRANT OF EASEMENT East 5' Lot 49,including church lot So, Adjac.-144'N
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#2733- Deed; GRANT OF EASEMENT East 5' Lot 49,including church lot So, Adjac.-144'N
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3/6/2025 2:11:23 PM
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�733 <br />GRANT OF EASEMENT <br />WALKWAY <br />Z9' <br />THIS INDENTURE made this4itsepartment <br />day o ' 2001, by Jay Budzon, and the <br />Civil City of South Bend, by and througof Public Works (Grantee), its successors <br />and assign. <br />WHEREAS, Grantor represents and warrants that it 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 49 and Including Church Lot South and Adjacent as shown on the <br />Recorded Plat of Wenger and Kreighbaum's 2"d Addition to the City of South Bend, <br />in the Office of the Recorder of' St. Joseph County, Indiana. Commonly known as <br />1529 Miarni Street; 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 fbrth 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 East 5 feet of Lot Numbered Forty-nine (49) and Including Church Lot South <br />and Adjacent for a distance of 144.00 feet North and South as shown on the recorded <br />Plat of Wenger and Kreighbaum's 2" Addition to the City of South Bend, in the <br />Office of the Recorder of St. 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 extent that the <br />Grantee may desire said air, surface and subsurface rights and interests to accomplish and cant' 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 surlace 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. Grantor shall preserve and <br />maintain the real estate as to which this easement has been granted including the easement portion <br />itself, as pursuant to Local and State law. <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 <br />of the property for its intended purpose and shall hold Grantor harmless for any claim for damages <br />
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