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'.F <br />9'727855 <br />� r.n <br />GRANT OF TEMPORARY EASEMENT - <br />STORM SEWER v <br />N <br />THIS INDENTURE is made this �_ day of -TU f(. fir,, 1997, <br />by and between Craig A. Prebe, (hereinafter "Grantor") and the <br />Civil City of South Bend, Indiana (hereinafter "Grantee"). <br />For and in consideration of One Dollars ($1.00) and other <br />valuable consideration, the receipt of which is hereby <br />acknowledged, Grantor hereby grants and conveys to Grantee a <br />temporary easement at the location hereinafter set forth and <br />described to allow the installation, construction and improvement <br />of a storm sewer and related facilities, together with the right <br />of ingress to and egress from said easement for the purpose of <br />installing, constructing and improving said storm sewer or other <br />facilities incident thereto, in, upon, over, and under the <br />following described real estate in the City of South Bend, St. <br />Joseph County, State of Indiana, described as follows: <br />SEE ATTACHED EXHIBIT A <br />The easement rights granted herein shall pertain to the air, <br />surface, and subsurface rights and interest of the Grantor, for <br />the use and benefit of the Grantee, to the nature and extent that <br />the Grantee may desire or need said air, surface and subsurface <br />rights and interests to reasonably accomplish and carry out the <br />construction of the storm sewer and related facilities. The <br />easement hereby granted is for the benefit of the City of South <br />Bend, Indiana, and expressly includes the right and privilege to <br />clean and remove from said easement such timber, brush, debris, <br />or other obstructions interfering with Grantee's construction and <br />improvement of the storm sewer. <br />Grantee shall have the right of ingress or egress over <br />Grantor's real estate adjoining said easement to facilitate the <br />installation, construction, and improvement of the storm sewer <br />and related facilities. <br />Grantee agrees to restore the area disturbed by its work to <br />a condition as good or better than the original condition <br />consistent with the installation of the storm sewer. <br />The Grantor reserves the right to use and occupy the surface <br />area on and over the temporary easement during the period of <br />construction provided that said use and occupancy does not in any <br />way conflict or obstruct the Grantee's right to use said surface <br />for the purposes and intentions hereinabove expressed. <br />The rights granted by this indenture shall terminate upon <br />Grantee's completion of the Locust Road storm sewer. <br />IN WITNESS WHEREOF, said Grantor has executed this Grant of <br />