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ca <br />:nCriOrn in <br />�rll i- <br />GRANT OF -EASEMENT <br />STORM SEWER <br />G <br />� <br />O�n�( �� to <br />THIS INDENTURE made this � day of , 1998, by and betwee�rl� rt IRpnd <br />Leslie S. King (Grantors) and the Civil City of South Bend, Indiana, by and through Ws BoJM of <br />Public Works (Grantee), in favor of the Civil City of South Bend, its successors and assigns. <br />WTTNESSETH: <br />That for One Dollar ($1.00) and other good and valuable consideration, the receipt of which <br />Grantors hereby acknowledge, Grantors hereby grant, convey, and warrant to Grantee a permanent <br />easement of the nature and at the location hereinafter set forth as described only for the installation, <br />construction, operation, maintenance, adjustment, replacement, repair, alteration, removal, <br />modernization, and use of a storm sewer system and related facilities, together with the right of <br />ingress to and egress from said easement for the purpose of installing, constructing, operating, <br />maintaining, adjusting, replacing, repairing, altering, removing, and modernizing said system and <br />other equipment or facilities incident thereto, in, upon, over and under the following described real <br />estate in the City of South Bend, St. Joseph County, State of Indiana, briefly described as follows: <br />The E.'h N.E. 1/4 sec 30 T. 37 N. R3E. <br />Key # 23-1040-2200 <br />Commencing at the north/west corner of lot 4, replat of lots 1 thru 6, Meadow View 1st <br />addition, City of South Bend, St. Joseph County, Indiana; thence, south 10 feet along the <br />west property line of lot 4 to the center line of the easement also being the point of beginning; <br />thence, south 5 feet along the west property line of lot 4 to the south/west corner of the <br />easement; thence south/east 55 feet and parallel to the center line of easement to the east <br />property line of lot 4; thence north 10 feet along the east property tine of lot 4; thence <br />north/west a distance of approximately 54 feet and parallel to the center line of easement to <br />the west property line of lot 4; thence south 5 feet along the west property line of lot 4 to the <br />point of beginning. <br />The easement granted herein shall pertain to the air surface and subsurface rights and interests <br />of the Grantors, for the use and benefit of the Grantee, to the nature and extent that the Grantee may <br />desire said air, surface and subsurface rights and interests to accomplish and carry out the general <br />purpose of this conveyance as the same has hereinabove been expressed. The easement hereby <br />granted is for the exclusive benefit of the City of South Bend, Indiana, and expressly includes the right <br />and privilege at reasonable times to clean and remove from said easement such timber, brush, debris, <br />or other obstructions interfering with the storm sewer system.. <br />The Grantee agrees that construction shall have limited impact on the surrounding area and <br />agrees to restore that area disturbed by its work to as near the original condition as possible. <br />The Grantee agrees to provide and maintain an erosion prevention system in and around Clyde <br />Creek. <br />