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GRANT OF EASEMENT <br />MISHAWAKA AVENUE CURB AND SIDEWALK REPLACEMENT) SOUTH BEND <br />/. 0= U-�CINEERING <br />THIS INDENTURE made this day of , 2002, by the Carpet Service <br />Outlet, Inc.(Grantor), and the Civil City of South Bend, y and through its Department of Public <br />Works (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 />The East 21 feet of Lot Numbered 3 as part of the Bellevue Addition to the City of <br />South Bend, in the Office of the Recorder of St. Joseph County, Indiana ;and <br />The Vacated Alley East of Lot Numbered 3 as part of the Bellevue Addition io the City of <br />South Bend, in the Office of the Recorder of St. Joseph County, Indiana ;and <br />The West 8.67 feet of Lot Numbered 22 as part of the Bellevue Addition to the City of South <br />Bend, in the Office of the Recorder of St. Joseph County, Indiana. Commonly known as <br />1514 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 2 for a distance of 21 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 the Vacated Ailey East of Lot Numbered for a distance of 14 feet East <br />and West and as shown on the recorded Plat of the Bellevue Addition to the City of South Bend, in <br />the Office of the Recorder of St. Joseph County, Indiana ;and <br />The North 15 feet of Lot Numbered 22 for a distance of 8.67 Feet East and West and as <br />shown on the recorded Plat of the Bellevue Addition to the City of South Bend, in the Office of <br />Recorder 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 />