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SANITARY SEWER EASEMENT <br />THIS SANITARY SEWER EASEMENT (the "Agreement") is made this � day of <br />UWA , 2018 by and between SOUTH BEND MICHIGAN STREET BTS RETAIL, <br />LLC, aAAndiana limited liability company (hereinafter referred to as "BTS"), and THE CITY OF <br />SOUTH BEND DEPARTMENT OF PUBLIC WORKS, a municipal corporation (hereinafter <br />referred to as the "City"). <br />WITNESSETH: <br />WHEREAS, BTS is the owner of that certain tract or parcel of land lying and being in the <br />City of South Bend, St. Joseph County, Indiana, being more particularly described on <br />Exhibit "A" attached hereto and made a part hereof by this reference (hereinafter referred to as <br />the "BTS Tract"); and <br />WHEREAS, BTS shall grant an easement to the City over an approximately fifteen foot <br />(15') wide portion of the BTS Tract to provide access to an existing sanitary sewer manhole <br />located in the US-31 right-of-way, near the northwest corner of the BTS Tract, as depicted on <br />Exhibit "B" attached hereto and made a part hereof; and <br />WHEREAS, BTS and the City desire to establish certain easements and rights benefiting <br />and burdening the BTS Tract and the parties, as hereinafter provided. <br />NOW, THEREFORE, for and in consideration of Ten and Noll 00 Dollars ($10.00), the <br />premises, the mutual benefits to be derived by the provisions of this Agreement, and other good <br />