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8000 Rev. 9r8� 7 9 5/ 12 61 4 5 B 322
<br />Form No.
<br />WO No. Easement No. _---------Map, No.
<br />(Corp.) EASEMENT
<br />This Indenture, made this �� Jr' day of L by and between
<br />19_��
<br />City of South Bend 67A2C) LiF (�U�3[1C_ (�U2CS /
<br />whose address is 13o� Cbt)NP— e � 6WLDo XG S60TH 6�r7 / `V
<br />a corporation organized and existing under the laws of the State of Indiana
<br />(hereinafter caAed the "Grantor") and INDIANA MICHIGAN POWER COMPANY, an Indiana Corporation authorized to do business
<br />in the State of Michigan whose address is P.O. Box 60, One Summit Square, Fort Wayne, Indiana 46801 (hereinafter called the
<br />"Grantee")
<br />Wltnesseth: That for One Dollar ($1.00) and other good and valuable considerations in hand paid, the receipt of which Grantor
<br />hereby acknowledges, Grantor hereby conveys and warrants to Grantee a permanent right of way and easement for nnA
<br />electric power line with the right to the Grantee to locate, construct, reconstruct, erect, operate, use, repair, maintain, renew,
<br />remove, inspect, patrol, at any and all times, poles, towers or svoported structures, conductors and all necessary or useful facilities
<br />and equipment with respect to such line for transmitting electric or other energy and for communication purposes including
<br />crossarms, wires, cables, guys, anchors, counter -poises, and all other appurtenant equipment and fixtures (all of the foregoing being
<br />hereinafter called collectively "Grantee's Facilities") in, on, along, over, through and across the following described lands Fheieinafter
<br />called "Premises") situated in German Township, County of St. Joseph , State of Indiat4a
<br />Section 19 & In — Township '18N Range 7F more particularlyza scribed asJollows.
<br />Being the same (or a part of the same) property conveyed to Gi ty of South Rend
<br />by Indiana 1'Net of Tr, 7)n 3,
<br />by deed dated January 6 19 93 and recorded in Deed Record 9311716
<br />age in the office of the Recorder of St. Joseph County, Indiataa { X%
<br />!�o which reference is hereby made for further description. I
<br />t� J
<br />�.Grantee's Facilities shall be located on a 4401 FJe permanent casement,
<br />4.
<br />more particularly
<br />described as follows:
<br />`!-Commencing at the northeast corner of said Section Thirty (30) and also being at
<br />,_tht? southeast corner of said Section Nineteen (19); thence North 89047'23"
<br />- West, -along the north line of said Northeast Quarter (NW 1/4) of Section
<br />Thirty (30) and also being along the centerline of a public road now kna,v-r.
<br />as Nimtz Parkway, a distance of 1463.56 feet to the Point of Beginning of
<br />this description; thence South 00051'16" West a distance of 131.56 feet;
<br />thence South 24013'04" West a distance of 91.35 feet to a point on the southerly
<br />right-of-way line of said Nimtz Parkway; thence North 89047'23" West, parallel
<br />with the north line of said Northeast Quarter (NE 1/4) of Section Thirty
<br />(30), a distance of 52.76 feet; thence South 00012'37" West a distance of
<br />118.45 feet; thence North 88043'15" West a distance of 1.61 feet; thence
<br />South 01016'45" West a distance of 88.49 feet; thence North 89047'23" West
<br />a distance of 60.00 feet; thence North 01016145" East a distance of 97.98
<br />feet; thence North 24013'04" East a distance of 224.93 feet; thence North
<br />00051'16" East a distance of 223.46 feet..'to a point,on•the northerly right
<br />of way line of said Nimtz Parkway; thence South 89047'23" East, parallel
<br />with the south line of said Southeast Quarter (SE 1/4) of Section Nineteen
<br />(19) a distance of 60.00 feet; thence South 00051'16" West a distance of 105.01
<br />fe o 8t the PoiU of B8Qnin� of th� s� deRcri�tbyc�n p
<br />g ther with the rig t to the ntee: to ut, to control or e tmma erbicides, and at its option to remove from the
<br />Premises or the lands of the Grantor adjoining the same on either side, any trees, overhanging branches, vegetation, obstacles or
<br />obstructions which may endanger the safety or interfere with the installation, use, or enjoyment of all or any of Grantee's Facilities;
<br />to add to the number of and relocate at any time or times all of Grantee's Facilities; and to use said right of way and easement
<br />for access to and from any part or parts thereof and any lands and rights of way of Grantee adjoining the same for the enjoyment
<br />of the rights of Grantee therein; and of ingress and egress to, over and from the Premises and any adjoining lands of Grantor at
<br />any and all times for the purposes of exercising and enjoying any and all the rights hereby vested in Grantee.
<br />It is understood and agreed:
<br />Foims-of
<br />1 . ,2- Grantee shall promptly repair or replace all fences, gates, drains and ditches damaged or destroyed by it on the Premises
<br />and shall pay Grantor all damages done to crops and livestock on the Premises proximately caused by the construction, operation
<br />and maintenance of Grantee's Facilities. Any trees cut will be paid for by Board Measure, using Scribner's Lumber Rules at the
<br />market price in vicinity. All claims of Grantor for damages arising under this indenture shall be made at or mailed to the office
<br />of Grantee at Fort Wayne, Indiana, within thirty (30) days after such damages shall accrue.
<br />fQS
<br />g4, Grantor shall have the right to cultivate or otherwise use the Premises in any way not inconsistent with casement hereby
<br />ian, but no, building, structure or obstruction shall be placed by the Grantor under or within 401*
<br />I+nd�r,r�n3r�n4r nr�reft ��.-.,�... ctibJe ar wire. the easement area.
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