#2882- Deed; GRANT OF EASEMENT Sec 2, Twp 37 N, range 2 E, Portage Twp.

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unto the others, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Inco oration of Recitals. The recitals hereto are incorporated into and made apart of this instrument. 2. Grant of Easement. Elizabeth Memorial Church of God does hereby grant to the City of South Bend, its successors and assigns, a non-exclusive right, privilege and easement beginning at the Southeast corner of Lot 3, of Orchard Heights Addition as recorded in the Office of the Recorder of St. Joseph County, Indiana as Book 6, Page 19. Thence Northwest along the South property line a distance of 7 feet; thence Northeast parallel to the West right-of-way line of Walnut Avenue a distance of 35 feet; thence Southeast parallel to the South lot line of said Lot 3 a distance of 7 feet; thence Southwest along said West right-of-way line of Walnut Avenue and the East property line of said Lot 3 a distance of 35 feet to the place of beginning. Grantee will restore the area disturbed by its work to a condition as good or better than the original condition. Grantor reserves the right to use the surface area of the easements provided that such use does not disrupt or disturb the improvements made by the Grantee. Grantors shall not erect any structure on the easement area or allow any object to be placed thereon that would restrict the functioning of or the access to the control panel and other instruments. The easement granted herein and its associated benefits and obligations, shall constitute covenants running with the real estate, and shall be binding upon the Grantor and be an obligation thereof of every person or entity now or hereafter having any fee, leasehold, or other interest in all or any part of the said real estate. This indenture shall bind and inure to the benefit of the respective successors and assigns of the parties hereto. 3. Items Within the Easement. On the surface of the easement will be a control panel and an antenna attached to a 20 foot utility pole. The control panel will be mounted in a concrete pad for greater stability. There will be a subsurface conduit with wires running from the control panel to a gate in the sewer systems below and to the utility pole. 4. Duration of Easement. This grant of easement is made so long as the control panel is deemed necessary in the sole discretion of the Public Works Engineer. 5. Indemnification. Grantee agrees to indemnify, defend and hold harmless Elizabeth Memorial Church of God, its agents and employees, from any claim, suit, cause of action or loss of any kind, including attorneys fees, arising from the use of the easement granted herein. 6. Consideration. In further consideration for this Grant of Easement as well as a Grant of Temporary Right of Entry, the Grantee agrees to repair four concrete sidewalk sections nearest the vacated alley along Walnut Street. This is in addition to the repair of the steps and possibly other