#2792- Deed; GRANT OF EASEMENT East of Lot #46 -West of Lot #47 Bellevue Addition

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• r GRANT OF EASEMENT RECEIVED jUN %; G 201je' MARSHALL & WELLS CO. MISHAWAKA AVENUE CURB AND SIDEWALK REPLACEMENT THIS INDENTURE made this day of L , 2002, by the DM Holding LLC (Grantor), and the Civil City of South Bend, by andIhrough 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 25 feet of Lot Numbered 46 as part of the Bellevue Addition to the City of South Bend, in the Office of the Recorder of St. Joseph County, Indiana; and The West 16 feet of Lot Numbered 47 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 1616 and 1618 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 46 for a distance of 25 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; and The North 15 feet of Lot Numbered 47 for a distance of 16 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.