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H-( <br />IJ <br />C)731 <br />GRANT OF EASEMENT <br />WALKWAY <br />THIS INDENTURE glade this day of 2001, by Gladieux Travel, Inc., <br />and the Civil City of South Bend, by and through its Department of Public Worl:s (Grantee), its <br />successors 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 73 Excepting I Foot on the South Side of said lot as shown oil the <br />Recorded Replat of Leer's 2nd Addition to the City ol'South Bend, in the Office of <br />the Recorder of St. Joseph County, Indiana. Commonly known as 1518 Miami <br />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 />WITNESSCTH: <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 West 5 feet of Lot Numbered Seventy-Tllree (73) Excepting I Foot on the South <br />Side for a distance of 40.00 feet North and South as shown on the recorded Replat <br />of Leer's 2nd Addition to the City of South Bend, in the Of of the Recorder of St. <br />Joseph County, Indiana <br />Tile 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 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 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 />