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GRANT OF EASEMENT <br />MISHAWAKA AVENUE CURB AND SIDEWALK REPLACEMENT <br />THIS INDENTURE made this ll day of A/L! , 2002, by Thomas )Wayne <br />(Grantor), and the Civil City of South Bend, by and through its Department of Public Works <br />(Grantee), its 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 I of the Bellevue Addition to the City of South Bend, in the Office of <br />the Recorder of St. Joseph County, Indiana. Commonly known as 902 Twyckenham <br />Drive ;and <br />The West 19 feet of Lot Numbered 2 of the Bellevue Addition to the City of South Bend, in <br />the Office of the Recorder of St. Joseph County, Indiana. Commonly known as 1506 <br />Mishawaka Avenue ;and <br />WHEREAS, Grantee desires and Grantor is willing to grant an easement to Grantee for the <br />purpose of reconstructing and improving the curb and sidewalk on and adjacent to the above <br />described real estate. <br />WITNESSETH: <br />For and in consideration of the Grantee's agreement to reconstruct and improve the curb and <br />sidewalk on and adjacent to the Grantor's real estate, Grantor hereby grants and conveys to Grantee <br />a temporary easement at the location hereinafter set forth and described to allow for the construction <br />of the above mentioned curb and sidewalk in, upon, over and under the following described real <br />estate in the City of South Bend, St. Joseph County, State of Indiana, described more fully as <br />follows: <br />The North 15 feet of Lot Numbered 1 for a distance of 41 Feet East and West and as shown <br />on the recorded Plat of the Bellevue Addition to the City of South Bend, in the Office of Recorder <br />of St. Joseph County, Indiana; and <br />The North 15 feet of Lot Numbered 2 for a distance of 19 Feet East and West and as shown <br />on the recorded Plat of the Bellevue Addition to the City of South Bend, in the Office of Recorder <br />of St. Joseph County, Indiana <br />The temporary easement rights granted herein shall pertain to the air, surface, and subsurface <br />rights and interest of the Grantor, for the use and benefit of the Grantee, to the nature and extent that <br />the Grantee may desire or need said air, surface and subsurface rights and interests to reasonable <br />accomplish and carry out the construction of curb and sidewalk. The easement hereby granted is for <br />the benefit of the City of South Bend, Indiana, and expressly included the right and privilege to <br />replace the existing curb and sidewalk. <br />Grantee, its agents, employees, and contractors shall have the right of ingress or egress over <br />