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EXCLUSIVE MUNICIPAL COMBINED SEWER MAIN EASEMENT
<br />PURSUANT TO IC 32-23-2-5
<br />THIS EXCLUSIVE MUNICIPAL COMBINED SEWER MAIN EASEMENT is made this
<br />13th. day of June, 2023, by HP Marietta Storage, LLC, 3454 Douglas Road, Suite 250, South Bend,
<br />Indiana 46635 (“Grantor”) and City of South Bend, Indiana, a municipal corporation and political
<br />subdivision of the State of Indiana, by and through its Board of Public Works, 227 W. Jefferson
<br />Boulevard, South Bend, Indiana 46601 (“Grantee”).
<br />NOW, THEREFORE, for and in consideration of good and valuable consideration, the receipt
<br />and sufficiency of which is hereby acknowledged, it is agreed as follows:
<br />1.Grantor desires and hereby grants to Grantee, its successors and assigns, a permanent exclusive
<br />perpetual easement to enter, reenter, occupy and use the property situated in the City of South
<br />Bend, State of Indiana, and more fully described in Exhibit A and depicted in Exhibit B, attached
<br />hereto and incorporated herein by reference (the “Property”), to maintain, operate, supplement,
<br />repair, reconstruct, inspect and/or remove one or more underground sewer main and all
<br />underground and surface appurtenances thereto, (“Sewer main”) in, through, over and across a
<br />portion of the Property (the “Easement Area”).
<br />2.Subject to Grantor’s right to secure the Property with perimeter fencing, Grantee shall have and
<br />may exercise the right of ingress and egress in, to, over, through and across the Easement Area
<br />and over the adjacent Property of Grantor, for any purpose needful for the full enjoyment of any
<br />other right of occupancy or use provided for herein.
<br />3.If and when Grantee makes any necessary maintenance, supplemental, repair or reconstruction
<br />work hereunder, Grantee shall perform such work in a good and workmanlike manner, and such
<br />work shall be done expeditiously so as not to unreasonably interfere with or hinder the use and
<br />enjoyment of the Easement Area by any person or entity having a right to use the Easement Area.
<br />Grantee shall promptly restore any property damaged by the performance of any such work to a
<br />condition equal or superior to that existing prior to Grantee exercising its rights under this
<br />easement.
<br />4.Subject to Grantor’s right to secure the Property with perimeter fencing, Grantor shall neither
<br />cause nor permit the construction or placement of any structure or building on any part of the
<br />Easement Area, so as to interfere with Grantee’s full enjoyment of occupancy or use provided for
<br />herein.
<br />5.The Grantor agrees to allow existing connections which connect to the sewer main subject to and
<br />located within the Easement Area to remain, be operated and maintained by the respective users
<br />thereof.
<br />6.The rights and privileges granted herein by Grantor to Grantee are exclusive. Grantor will not
<br />convey to any other party any conflicting easement right or interest within the Easement Area.
<br />This covenant shall not prevent Grantor from using, or granting easements, rights or interests to
<br />others for the use of the Property for other utility lines, pipes or facilities, or for roadway, street,
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