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<br />GRANT OF EASEMENTS
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<br />STORM SEWER
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<br />V�day THIS INDENTURE made this , of1998, by and between Kevin
<br />J. And
<br />Melissa A. Whippo (Grantors) and the Civil City of South Bend,
<br />Indiana, by and through its Board
<br />of Public Works (Grantee), in favor of the Civil City of South Bend, its successors and assigns.
<br />WITNESSETH:
<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 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 />Key #23-1040-2201
<br />Commencing at the north,/west corner of lot 4A, replat of lots 1 thru 6, Meadow View 1st
<br />addition, City of South Bend, St. Joseph County, Indiana; thence, south 22 feet to the center
<br />line of a 10 foot easement; being the point of beginning; thence, south 5 feet along the west
<br />property line to the south/west corner of the easement; thence south/east 25 feet and parallel
<br />to the center line of the easement to the east line of the creek; thence north/east along the east
<br />line of creek to the north/east corner of the easement; thence north/west and parallel to the
<br />center line of easement approximately 28 feet to the west property line of lot 4A; thence south
<br />5 feet along the west property line of lot 4A to the 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 shall restore that area disturbed by its work to as near the original condition as
<br />possible.
<br />The Grantors reserve the right to use and occupy the surface area on and over the easement
<br />provided that said use and occupancy does not in any way conflict or obstruct the Grantee's right to
<br />use said surface for the purposes and intentions hereinabove expressed.
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