#2752- Deed; GRANT OF EASEMENT Lot 93, Colonial Gardens Addition

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t'J�� 2�3135 RECORDED ON GRANT Or EASEMENT 01-15-2002 8:23:58 WALKW Y TERRI J. RETHLhKE 60A RECORDJOSEPH COUNTY D RECORDER THIS INDENTURE made this A6 day of 09# iex NftE§�ow3r5:a36 McGowan LLC, and the Civil City of South Bend, by and Kr ugh its Departmt-WPublic `$forks (Grantee), its successors and assign. WHEREAS, Grantor represents and warrants that it is the fee simple titleholder to certain real estate located in St. Joseph County, State of Indiana, described more particularly as follows: Lot Numbered 93 as shown on the Recorded Plat of Colonial Gardens Addition to the City of South Bend, in the Office of the Recorder of St_ Joseph County, Indiana. Commonly known as 3419 Mishawaka Avenue; and WHEREAS, Grantee desires and Grantor is willing to In an easement to Grantee for the purpose of public pedestrian passage and transit on a portion of the above described real estate. WITNESSETH: That for good and valuable consideration, Grantor hereby grants, conveys, and warrants to Grantee a permanent easement of the nature and at the location hereinafter set forth as described for the put pose of public pedestrian passage and access over and onto the following described real estate in the City of South Bend, St. Joseph County, State of Indiana, described more fully as follows: The South 5 feet of Lot Numbered Ninety -Three (93) for a distance of 40 feet East and West as shown on the recorded Plat of Colonial Gardens Addition to the City of South Bend, in the Office of the Recorder of St. Joseph County, Indiana The easement granted herein shall pertain to the air surface and subsurface rights and interests of the Grantor, for the use and benefit of the Grantee, to the nature and extent that the Grantee may desire said air, surface and subsurface rights and interests to accomplish and carry out the general purpose of this conveyance for pedestrian passage as the same has been heretofore expressed. The easement granted hereby is for the exclusive benefit of the City of South Bend. The Grantor reserves the right to use and occupy the surface area on and over the easements provided that said use and occupancy does not in any way conflict or obstruct the Grantee's right to use said surface for the purposes and intentions previously expressed. Grantor shall preserve and maintain the real estate as to which this casement has been granted including the easement portion itself, as pursuant to Local and State law. The Grantee shall not erect permanent structures, including but not limited to buildings, fences, and signs on said surface. Grantee shall bear Tull responsibility for the use and enjoyment of the property for its intended purpose and shall hold Grantor harmless for any claim for damages as to said personal premises resulting from the use and enjoyment thereof by Grantee.