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<br />GRANT OF PERMANENT UTILITY EASEMENT
<br />THIS INDENTURE, made this _ day of May, 2006 by and between COUNTY MAYO /SB,
<br />LLC (hereinafter "Grantor "), and the CITY OF SOUTH BEND, INDIANA (hereinafter "Grantee ").
<br />WITNESSETH:
<br />That for One Dollar ($1.00) and other good and valuable consideration, the receipt of which
<br />Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a permanent
<br />easement of the nature and at the location hereinafter set forth and described for the installation,
<br />construction, operation, maintenance, adjustment, replacement, repair, alteration, removal,
<br />modernization, and use of utility systems, including a sanitary sewer system, a water system, other
<br />similar utility systems and related facilities, together with the right of ingress to and egress from said
<br />easement for the purpose of installing, constructing, operating, maintaining, adjusting, replacing,
<br />repairing, altering, removing, and modernizing said systems and other equipment or facilities
<br />incident thereto, in, upon, over and under the following described real estate in the City of South
<br />Bend, St. Joseph County, State of Indiana, briefly described at Exhibit A:
<br />The easement granted herein shall pertain to the air, surface, and subsurface rights and
<br />interests of the Grantor, for the use and benefit of the Grantee, and its successors, successors in
<br />interest and assigns, to the nature and extent Grantee may desire said rights and interests to
<br />accomplish and carry out the general purpose of this conveyance as the same has been hereinabove
<br />expressed. The easement hereby granted expressly includes the right and privilege at reasonable
<br />times to clean and remove from said easement such timber, brush, debris or obstructions interfering
<br />with the utility systems in said easement.
<br />Grantee shall restore the area disturbed by its work to as near the original conditions as is
<br />reasonably practicable.
<br />The Grantors reserve the right to use and occupy the surface area on and over the easement
<br />provided that said use and occupancy does not in any way conflict or obstruct the Grantee's right to
<br />use said surface for the purpose and intentions hereinabove expressed.
<br />The easement granted herein and its associated benefits and obligations, shall constitute
<br />covenants running with the real estate, and shall be binding upon the Grantor and be an obligation
<br />thereof of every person or entity how or hereafter having any fee, leasehold, or other interest in all or
<br />any part of the said real estate.
<br />This indenture shall bind and inure to the benefit of the respective successors and assigns of
<br />the parties hereto.
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