|
r
<br />r
<br />SEMENT & RIGHT OF WAY
<br />Tax ID No. Pt. 018 - 3061 - 2351(71- 08 -11- 378 - 003,000 -026)
<br />Easement No. IN111021
<br />Map No. 575
<br />THIS INDENTURE, made by and between CITY OF SOUTH BEND, FOR THE USE AND BENEFIT OF ITS
<br />DEPARTMENT OF REDEVELOPMENT, a Municipal Unit, whose address is 227 W. Jefferson Blvd., South Bend, Indiana
<br />46601 (`Grantor"), and INDIANA MICHIGAN POWER COMPANY, an Indiana Corporation, whose post office address is P.O.
<br />Box 60, One Summit Square, Fort Wayne, Indiana 46801 ( "Grantee ").
<br />WITNESSETH, that for One ($1.00) Dollar and other good and valuable consideration in hand paid, the
<br />receipt and sufficiency of which Grantor hereby acknowledges, Grantor does hereby grant and convey to Grantee a RIGHT -OF-
<br />WAY AND EASEMENT (see Exhibit "A" attached hereto for the specific dimensions and location identdication) for the
<br />construction, operation, use, maintenance, repair, renewal, and removal of a line or lines of overhead and underground facilities
<br />and equipment for the transmission of electrical energy and for communication purposes, including the right to permit
<br />attachments of others to said facilities, in, on, along, under, over, across, and through the said easement, which easement is
<br />located on the following described REAL ESTATE, to -wit:
<br />A part of the South Half of Section 11, Township 37 North, Range 2 East, Portage Township, St. Joseph
<br />County, Indiana, being particularly described as follows:
<br />Lot 2 as shown on the recorded plat of OLIVER PLOW WORKS FIRST MINOR SUBDIVISION recorded
<br />February 17, 2011, as Document Record 1105030 in the Office of the Recorder of St. Joseph County, Indiana.
<br />Being the same (or a part of the same) property conveyed to CITY OF SOUTH BEND, FOR THE USE AND
<br />BENEFIT OF ITS DEPARTMENT OF REDEVELOPMENT by Quit Claim Deed dated March 7, 2002, and
<br />recorded as Document Record 0216326 on March 19, 2002, in the Office of the Recorder of St. Joseph
<br />County, Indiana.
<br />TOGETHER with the right of ingress and egress to, from, and over said premises, and also the right to cut,
<br />trim, and /or remove any trees or bushes which may endanger the safety or interfere with the construction, maintenance, or use
<br />of said facilities.
<br />GRANTEE shall promptly repair or replace all physical damage on the premises proximately caused by the
<br />construction, operation, and maintenance of Grantee's facilities.
<br />GRANTOR warrants that no structure or building shall be erected upon said easement.
<br />AFTER the completion of said system, the Grantor reserves the full use of the land which is not inconsistent
<br />with the existence and maintenance of said facilities but does agree not to change elevation or grade within the area of said
<br />easement without the written prior consent of Grantee.
<br />
|