Exclusive Municipal Sanitary Sewer Easement - Access 4502 S. Michigan

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-1- CROSS REFERENCE: Deed recorded as/at ______________, recorded _________________in the office of the Recorder of St. Joseph County, Indiana EXCLUSIVE MUNICIPAL SANITARY SEWER EASEMENT PURSUANT TO IC 32-23-2-5 THIS EXCLUSIVE MUNICIPAL SANITARY SEWER EASEMENT is made this ____ day of ________________, 2023, by 4502 South Michigan Street, LLC, 100 Northeast Drive Loveland, OH (“Grantor”) and City of South Bend, Indiana, a municipal corporation and political subdivision of the State of Indiana, by and through its Board of Public Works, 227 W. Jefferson Boulevard, South Bend, Indiana 46601 (“Grantee”). NOW, THEREFORE, for and in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1.Grantor desires and hereby grants to Grantee, its successors and assigns, a permanent exclusive perpetual easement to enter, reenter, occupy and use the property situated in the County of St. Joseph, State of Indiana, and more fully described in Exhibit A and depicted in Exhibit B, attached hereto and incorporated herein by reference (the “Property”), to maintain, operate, supplement, repair, enlarge, reconstruct, relocate, inspect and/or remove one or more underground sanitary sewer pipelines and all underground and surface appurtenances thereto, (“Sewer Facility”) in, through, over and across a portion of the Property (the “Easement Area”). 2.Grantee shall have and may exercise the right of ingress and egress in, to, over, through and across the Easement Area and over the adjacent Property of Grantor, for any purpose needful for the full enjoyment of any other right of occupancy or use provided for herein. 3.If and when Grantee makes any necessary maintenance, supplemental, repair, enlargement, reconstruction, or relocation work hereunder, Grantee shall perform such work in a good and workmanlike manner, and such work shall be done expeditiously so as not to unreasonably interfere with or hinder the use and enjoyment of the Easement Area by any person or entity having a right to use the Easement Area. Grantee shall 14th. March