#2785- Deed; GRANT OF EASEMENT West of Lot #25

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GRANT OF EASEMENT [�� UUN 2 g 2002 �. J MISHAWAKA AVENUE CURB AND SIDEWALK REPLACEMENT - THIS INDENTURE made day of�, 2002, by the Richard and Erica Broecker (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 West 35.65 feet of Lot Numbered 25 as part of the Bellevue Addition to the City of South Bend, in the Office of the Recorder of St. Joseph County, Indiana. Commonly known as 1602 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 25 for a distance of 35.65 feet East and West and as shown on the recorded Plat of the Bellevue Addition 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. Grantee, its agents, employees, and contractors shall have the right of ingress or egress over Grantor's real estate adjoining said easement to facilitate the installation of curb and sidewalk. Grantee agrees to restore the areas disturbed by its work to a condition as good or better than the original condition consistent with the curb and sidewalk construction. In the event of any damage to the building fascia through a negligent or intentional act of the Grantee or any of its agents or contractors, Grantee shall be responsible for repairs* within a reasonable time after notice of the damage.