Bureau of Indian Affairs ROW Application - Additional Utility Easement – US Dept. of Interior Bureau of IN Affairs

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BIA TAAMS No.___________________ Allotment No(s).___________________ Tribal Tract No(s). #480T18__________ UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS Michigan Agency 2845 Ashmun Street Sault Ste. Marie, Michigan 49783-3732 GRANT OF RIGHT-OF-WAY The United States of America, acting by and through the Bureau of Indian Affairs, Department of the Interior, Michigan Agency, 2845 Ashmun Street, Sault Ste. Marie, Michigan 49783-3732 (the “GRANTOR”) for, on behalf, and with the consent of: Pokagon Band of Potawatomi Indians, Michigan and Indiana (“Pokagon Band”), under authority contained and under the Act of February 5, 1948 (62 Stat. 17; 25 USC 323-328); and Part 169, Title 25, Code of Federal Regulations, which by reference are made a part hereof, does hereby grant to: City of south Bend, Indiana, of 227 W. Jefferson Boulevard, south Bend, IN 46601 (the GRANTEE). 1. GRANT. In consideration of: $0.00, paid to the Pokagon Band by (date the right-of-way is granted or negotiated date), GRANTOR does hereby grant to GRANTEE, a right-of-way for: municipal utility services, over and across the land embraced within a right-of-way situated on the following described land: Parcel #71- 08-22-301-001.000-026, as described in the legal description attached hereto as Exhibit A and the survey attached hereto as Exhibit B, which are made a part hereof; This right-of-way is limited to and more particularly described to be approximately 4,287 s.f. in area, as shown on Exhibit B, attached hereto. 2. TERM. This right-of-way is for a perpetual term of so long as the right-of-way is used for the purpose above specified; PROVIDED, that this right-of-way may be cancelled by the Pokagon Band and Grantee under any negotiated remedies identified in section 13 (25 CFR 169.403) and/or in whole or in part by the GRANTOR (25 CFR 169.404) or for any of the following causes upon 30 days written notice, and failure of the GRANTEE within said notice period to correct the basis for cancellation (25 CFR 169.405): A. Failure to comply with any term or condition of the Grant, or the applicable regulations. B. A non-use of the right-of-way for any consecutive two-year period (for the purpose for which it was granted). C. Any conditions or restrictions set out in Tribal Council Resolution No. 21-07-__-__, dated July __, 2021. 3. MITIGATION MEASURES. (25 CFR 169.123) The GRANTEE agrees to comply with any mitigation measures or conditions described to protect environmental, biological and cultural resources within the right-of-way area as defined in the environmental compliance documentation.