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EASEMENT & RIGHT OF WAY
<br />Tax ID No. 018 -3053- 2071(71 -08- 11402- 002.000 -026)
<br />Easement No. IN121050
<br />Map No. 575
<br />THIS INDENTURE, made by and between the CITY OF SOUTH BEND, INDIANA, a Municipality,
<br />whose address is 227 W. Jefferson Blvd., South Bend, Indiana 46601 (the "Grantor', and INDIANA MICHIGAfJ�
<br />POWER COMPANY, an Indiana Corporation, whose post office address is P.O. Box 60, One Summit Square, Fort
<br />Wayne, Indiana 46801 (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 speck 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,
<br />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.
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