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994S280
<br />f.
<br />GRANT OF UTILITY EASEMENT
<br />THIS INDENTURE made this ?`'day of 36 1999, by and between Teacher's Credit
<br />Union (Grantor) and the Civil City of South Bend, Indiana, by and through its Board of Public
<br />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 />Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants 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 ofa storm sewer'system, sanitary sewer system, water services, together with
<br />the right of ingress to and egress from said easement for the purpose of installing, constructing,
<br />operating, maintaining, adjusting, replacing, repairing, altering, removing, and modernizing said
<br />systems and other equipment or facilities incident thereto, in, upon, over and under the following
<br />described real estate in the City of South Bend, St. Joseph County, State of Indiana, briefly described
<br />as follows:
<br />Commencing at the northwest corner of Lot 36 in the Original Town of South Bend as
<br />shown in the Office of the Recorder of St. Joseph County, Indiana as Book 1, Page 2;
<br />thence south 132 feet to the southwest corner of Lot 35 in said subdivision, also being the
<br />point of beginning; thence north 15 feet along the west lot line of said Lot 35; thence east
<br />179 feet to the east lot line of said Lot 35; thence south 15 feet to the southeast corner of
<br />said Lot 35; thence west 179 feet to the place of beginning.
<br />The easement granted herein shall pertain to the air surface and subsurface rights and interests of
<br />the Grantor, 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
<br />right and privilege at reasonable times to clean and remove from said easement such timber,
<br />brush, debris, or other obstructions interfering with the above -referenced utility systems.
<br />The Grantee agrees that construction shall have limited impact on the surrounding area
<br />and agrees to restore that area disturbed by its work to as near the original condition as possible.
<br />The Grantor reserves the right to use and occupy the surface area on and over the
<br />easement provided that said use and occupancy does not in any way conflict or obstruct the
<br />Grantee's right to use said surface for the purposes and intentions hereinabove expressed.
<br />The easement granted herein and the associated benefits and obligation, shall constitute
<br />covenants running with the real estate, and shall be binding upon the Grantor and be an
<br />obligation thereof of every person or entity now or hereafter having any fee, leasehold, or other
<br />110 Z�6C
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