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GRANT OF EASEMENT - <br />-- • - i <br />THIS INDENTURE WITNESSES, that Larc Development Company, an <br />Indiana Partnership, hereinafter referred to as ("Grantor"), as an <br />accommodation and in order to induce the installation of utilities <br />ranted, hereby rants unto the city of <br />in the easement hereby g Y g Y <br />j South Bend, Indiana, hereinafter called ("Grantee"), an easamEnt, <br />for the purposes hereinafter described, under and across the parcel <br />of real estate in St. Joseph County, Indiana, which is more <br />particularly described on Exhibit A attached hereto and made a part <br />hereof. Such easement shall be a perpetual easement and shall be <br />for the purpose of installing, constructing, maintaining, and <br />repairing and renewing any sewers including storm or sanitary sewers <br />and any other utility facilities, provided that any lines, mains, <br />wires, or pipes shall be installed underground and that there shall <br />be no open ditches or open drains in said easement. <br />The Grantee shall have the right to enter upon and bring <br />vehicles upon the real estate as may be required for it to perform <br />the purposes of this easement and to install, construct, repair, <br />-C <br />maintain, renew, and operate _and any utility services which it may <br />now, or hereafter, desire to locate upon the said easement. The <br />Grantor shall have the right to improve the surface of the easement <br />and to pave and/or landscape the same, but the Grantor shall not <br />construct any buildings or structures on the easement. If the <br />Grantee shall damage any improvements or landscaping, or any paving, <br />which is located on the easement area in the performance of its <br />rights hereunder, the Grantee shall promptly repair the surface <br />of the easement area to the same condition it was in immediately <br />prior to the Grantee's entry upon the easement area and the performance <br />of its work which caused the damage to such surface of the easement <br />area. <br />In consideration of the Grant of this easement, the Grantor <br />shall have the right to tap -on and be served by any sewers located <br />by the Grantee on the easement area without charge, and to tap -on <br />and be served by any other utility services located on or within the <br />easement area without tap -on or connection charges, although the <br />