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1 1EIA17i lllllAlliillA71EI lA 711 <br />8059032 <br />TX:4035993 <br />MU <br />Line Name: Gravel Pit Extension East <br />Line No.: TLN385:95088 Easement No.: 29 <br />EASEMENT AND RIGHT OF WAY <br />On this 'ALAday of O U _ , 2017, in consideration of Ten and NO/100 Dollars ($10.00), <br />and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and the covenants <br />hereinafter set forth, Civil City of South Bend, whose address is 227 West Jefferson Boulevard, Suite 1200, South <br />Bend, Indiana 46601, ("Grantor"), whether one or more persons, hereby grants, sells, conveys, and warrants to AEP <br />Indiana Michigan Transmission Company, Inc., a(n) Indiana corporation, a unit of American Electric Power, whose <br />principal business address is I Riverside Plaza, Columbus, Ohio 43215, ("AEP") and its successors, assigns, lessees and <br />tenants a permanent easement and right of way ("Easement"), for electric transmission, distribution, and communication <br />lines and appurtenant equipment and fixtures, being, in, on, over, under, through and across the following described lands <br />of the Grantor, situated in the State of Indiana, St. Joseph County, Portage Township, Section 16, Township 37 North, <br />Range 2 East. <br />Grantor(s) claims title by Quit Claim Deed, Document #1526367, recorded 10/2/2015 in the St. Joseph County <br />Recorder's Office. <br />Auditor/Key/Tax Number: 71-08-16-300-004.000-025 <br />The Easement Area is more fully described and depicted on Exhibit "A", a copy of which is attached hereto and made a <br />part hereof ("Easement Area"), <br />GRANTOR FURTHER GRANTS AEP THE FOLLOWING RIGHTS: <br />The right, now or in the fixture, to construct, reconstruct, operate, maintain, alter, improve, extend, inspect, patrol, <br />protect, repair, remove, replace, upgrade and relocate within the Easement Area, poles, towers, and structures, made of <br />wood, metal, concrete or other materials, and crossarms, guys, anchors, grounding systems, and all other appurtenant <br />equipment and fixtures, and to string conductors, wires and cables; together with the right to add to said facilities from <br />time to time, and the right to do anything necessary, useful or convenient for the enjoyment of the Easement herein <br />granted. <br />The right, in AEP's discretion, now or in the future, to cut down, trim, remove, and otherwise control, using herbicides or <br />tree growth regulators or other means, any and all trees, overhanging branches, vegetation or brush situated within the <br />Easement Area. AEP shall also have the right to cut down, trim or remove trees situated on lands of Grantor which <br />adjoin the Easement Area when in the opinion of AEP those trees may endanger the safety of, or interfere with the <br />