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GRANT OF EASEMENT
<br />SANITARY SEWER
<br />THIS INDENTURE made this F clay ofE/�/_ rz(d , 2000, by and between Richlyd H.
<br />McDonald and Loretta F. McDonald (Grantors) and the Civil City of South Bend, Indiana, by'aiid'
<br />tl— ough its Board of Public Works (Grantee), in favor of the Civil City of South Bend, its successors
<br />and assigns.
<br />WITNESSETH:
<br />That for One Dollar (SI.00) and other good and valuable consideration, the receipt of Which
<br />Grantors herehv acknow:edge_ Grantors hereby urant_ convey_ and war, ant to Grantees. 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 sanitary 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 />A part of Lot Number Nineteen (19) as shown on the recorded plat of Hartman
<br />Terrace Subdivision, as recorded in Plat Book 18, Page H, in the records of the St.
<br />Joseph County Recorders Office, being twenty (20) feet wide, found north and
<br />adjacent to an existing tower line easement in favor of American Electric Power
<br />Company (formerly known as Indiana and Michigan Electric Company), with the
<br />centerline of said 20 foot wide easement beginning at a point found 75.0 feet north
<br />of the centerline of said tower line easement of which centerline is found intersecting
<br />the East line of said Lot 19 approximately 165.3 feet south of the Northeast corner
<br />of said Lot 19: thence proceeding westerly along a line parallel with said tower line
<br />easement to a point of termination on the west line of said Lot 19. Containing 0.04
<br />acres more or less. Subject to all legal highways, easement and restriction of record.
<br />The easement granted herein shall pertain to the air surface and subsurface rights and
<br />interests of the Grantors, for the use and benefit of the Grantee, to the nature and extent that the
<br />Grantee may desire said air, surface and Subsurface rights and interests to accomplish and carry out
<br />the general purpose of this conveyance as the same has hereinabove been expressed. The easement
<br />hereby granted is for the exclusive benefit of the City of South Bend, Indiana, and expressly includes
<br />the right and privilege at reasonable times to clean and remove from said easement such timber,
<br />brush, debris, or other obstructions interfering with the sanitary sewer system.
<br />The Grantee shall restore that area disturbed by its works 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
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