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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 <br />