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9739727 _ <br />GRANT OF PERPETUAL EASEMENT S'i E '' 5itl <br />SANITARY SEWER ii ] SET 30 A 8: 13 <br />TY <br />THIS INDENTURE made this day of ; <br />1997, by and between James H. Kidder and Barbara <br />(hereinafter referred to as "Grantor"), and the Civil City of South <br />Bend, Indiana (hereinafter referred to as "Grantee"). <br />WITNESSETH <br />tl ' <br />That for One Dollar ($1.00) and other good and valuable <br />consideration, the receipt of which Grantor hereby acknowledges, <br />Grantor hereby grants, conveys, and warrants to Grantee a perpetual <br />easement of the nature and at the location hereinafter set forth as <br />described for the installation, construction, operation, <br />maintenance, adjustment, replacement, repair, alteration, removal, <br />modernization, and use of a sanitary sewer system and related <br />facilities, together with the right of ingress to and egress from <br />said easement for the purpose of installing, constructing, <br />operating, maintaining, adjusting, replacing, repairing, altering, <br />removing, and modernizing said system and other equipment or <br />facilities incident thereto, in, upon, over and under the following <br />described real estate in the City of South Bend, St. Joseph County, <br />State of Indiana, briefly described as follows: <br />Key Number: <br />That part of the West Half of the Southwest Quarter of <br />Section 19, Township 38 North, Range 2 East, German <br />Township, St. Joseph County, Indiana, which is described <br />as: Beginning at a point on the West line of Olive Road <br />which is S. 890-42'-20" W., 20.00 ft. From a point on the <br />center line of Olive Road and East line of the West Half <br />of the Southwest Quarter of Section 19 which is N. 000- <br />17--40" W., 20.00 ft. from a P.K. Nail found marking the <br />Southeast corner of the West Half of .the Southwest <br />Quarter of Section 19; thence along the West line of <br />Olive Road, N. 000-17'-40" W., 1906.28 ft.; thence N. <br />070-08'-14" W., 503.59 ft.; thence N. 000-17140" W., <br />270.00 ft. to the South line of the East-West Indiana <br />Toll Road; thence along said South line S. 890-42'-20" <br />W., 20.00 ft.; thence S. 000-17140" E., 270.00 ft.; <br />thence S. 070-08114" E., 503.59 ft.; thence S. 000-171- <br />40" E., 1906.28 ft.; thence N. 890-42120" E., 20.00 ft. <br />to the point of beginning. Containing 1.2288 acres. <br />The easement granted herein shall pertain to the air surface, <br />and subsurface rights and interests of the Grantor, for the use and <br />benefit of the Grantee, to the nature and extent that the Grantee <br />