#2784- Deed; GRANT OF EASEMENT East of Lots #1, #2,& #3

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Ir �2,�o�sy t2 IX/ GRANT OF EASEMENT MISHAWAKA AVENUE CURB AND SIDEWALK REPLACEMENT THIS INDENTURE made this day of, 2002, by the Beta Corporation (Grantor), and the Civil City of South Bend, by and through its Department of Public Works (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: The East 28.9 feet of Lot Numbered 1 as part of the Huff Minor Subdivision to the City of South Bend, in the Office of the Recorder of St. Joseph County, Indiana; and Lots Numbered 2 and 3 as part of the Huff Minor Subdivision to the City of South Bend, in the Office of the Recorder of St. Joseph County, Indiana. Commonly known as 1522 Mishawaka Avenue ;and WHEREAS, Grantee desires and Grantor is willing to grant an easement to Grantee for the purpose of reconstructing and improving the curb and sidewalk on and adjacent to the above described real estate. WITNESSETH: For and in consideration of the Grantee's agreement to reconstruct and improve the curb and sidewalk on and adjacent to the Grantor's real estate, Grantor hereby grants and conveys to Grantee a temporary easement at the location hereinafter set forth and described to allow for the construction of the above mentioned curb and sidewalk in, upon, over and under the following described real estate in the City of South Bend, St. Joseph County, State of Indiana, described more fully as follows: The North 15 feet of Lot Numbered 1 for a distance of 28.9 feet East and West and as shown on the recorded Plat of the Huff Minor Subdivision to the City of South Bend, in the Office of Recorder of St. Joseph County, Indiana; and The North 15 feet of Lot Numbered 2 for a distance of 18.14 feet East and West and as shown on the recorded Plat of the Huff Minor Subdivision to the City of South Bend, in the Office of Recorder of St. Joseph County, Indiana; and The North 15 feet of Lot Numbered 3 for a distance of 28.75 feet East and West and as shown on the recorded Plat of the Huff Minor Subdivision to the City of South Bend, in the Office of Recorder of St. Joseph County, Indiana. The temporary easement rights granted herein shall pertain to the air, surface, and subsurface rights and interest of the Grantor, for the use and benefit of the Grantee, to the nature and extent that the Grantee may desire or need said air, surface and subsurface rights and interests to reasonable accomplish and carry out the construction of curb and sidewalk. The easement hereby granted is for the benefit of the City of South Bend, Indiana, and expressly included the right and privilege to replace the existing curb and sidewalk.