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EASEMENT & RIGHT OF WAY
<br /> Tax ID No. 018-3053-2071(71-08-11-402-002.000-026)
<br /> Easement No. IN121050
<br /> Map No.575
<br /> THIS INDENTURE, made by and between THE HOUSING AUTHORITY OF THE CITY OF
<br /> SOUTH BEND, a Governmental Body, whose address is 501 S. Scott Street; South Bend, Indiana 46601 (the
<br /> "Grantor"), and the CITY OF SOUTH BEND, INDIANA, a Municipality, whose address is 227 W. Jefferson Blvd.,
<br /> South Bend, Indiana 46601 (the "Grantee').
<br /> WITNESSETH, that for One ($1.00) Dollar and other good and valuable consideration in hand
<br /> paid, the receipt and sufficiency of which Grantor hereby acknowledges, Grantor does hereby grant and convey
<br /> to Grantee a THIRTY (30') FOOT WIDE RIGHT-OF-WAY AND EASEMENT (see Exhibit "A"attached hereto
<br /> for the specific dimensions and location identification) for the construction, operation, use, maintenance,
<br /> repair, renewal, and removal of a line or lines of overhead and underground facilities and equipment for the
<br /> transmission of electrical energy and for communication purposes, including the right to permit attachments of
<br /> 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 West Half of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, Portage
<br /> Township, St. Joseph County, Indiana, being particularly described as follows:
<br /> A 30-foot strip of land along the southern most property line of the parcel of land known as a Part
<br /> of Lot 68 of the PLAT OF OUTLOTS, TOWN OF SOUTH BEND and more particularly identified in
<br /> Exhibit"A" attached hereto and made a part hereof.
<br /> Vesting Deed : Document
<br /> Record recorded , in the
<br /> Office of the Recorder of St. Joseph County, Indiana.
<br /> TOGETHER with the right of ingress and egress to, from, and over said premises, and also the right
<br /> to cut, trim and/or remove any trees or bushes which may endanger the safety or interfere with the construction,
<br /> maintenance, or use of said facilities.
<br /> GRANTEE shall promptly repair or replace all physical damage on the premises proximately
<br /> caused by the 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
<br /> inconsistent with the existence and maintenance of said facilities but does agree not to change elevation or grade
<br /> within the area of said easement without the written prior consent of Grantee.
<br /> FULL RIGHT and authority is hereby granted unto the Grantee, its successors and assigns, to
<br /> assign, convey or set over, to INDIANA MICHIGAN POWER COMPANY, the easement hereby granted, together
<br /> with all rights attendant thereto.
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